CANADA - CERTAIN MEASURES AFFECTING THE RENEWABLE ENERGY GENERATION SECTOR
Document: CANADA – MEASURES RELATING TO THE FEED-IN TARIFF PROGRAM STATUS REPORT BY CANADA Addendum
Date: 14 March 2014
Document codes: WT/DS412/17/Add.1; WT/DS426/17/Add.1
Complainant: Japan
Respondent: Canada
Third parties: Australia, Brazil, China, El Salvador, EU, Honduras, India, Saudi Arabia, South Korea, Mexico, Norway, Taiwan, U.S.
Dispute stage: Appellate Body
Agreements cited: Art. XXIII:1  GATT 1994Art. 1.1, 3.1(b), 3.2  Subsidies and Countervailing Measures (SCM)Art. III:4  GATT 1994Art. 2.1  Trade-Related Investment Measures (TRIMs)

CANADA - CERTAIN MEASURES AFFECTING THE RENEWABLE
ENERGY GENERATION SECTOR

CANADA – MEASURES RELATING TO THE FEED-IN TARIFF PROGRAM
STATUS REPORT BY CANADA
Addendum
The following communication, dated 13 March 2014, from the delegation of Canada to the
Chairperson of the Dispute Settlement Body, is circulated pursuant to Article 21.6 of the DSU.

Status Report Regarding Implementation of the
DSB Recommendations and Rulings in the Dispute
Canada – Certain Measures Affecting the Renewable
Energy Generation Sector (WT/DS412) and
Canada – Measures Relating to the Feed-In Tariff Program (WT/DS426)

Canada submits this report in accordance with Article 21.6 of the Understanding on Rules and
Procedures Governing the Settlement of Disputes.

On 24 May 2013, the Dispute Settlement Body ("DSB") adopted its recommendations and rulings
in Canada – Certain Measures Affecting the Renewable Energy Generation Sector (WT/DS412) and
Canada – Measures Relating to the Feed-in Tariff Program (WT/DS426). At the following DSB
meeting, Canada informed the DSB of its intention to implement the recommendations and rulings
of the DSB in connection with this matter.

Canada, Japan and the European Union ("EU") agreed that the reasonable period of time ("RPT")
for Canada to implement the recommendations and rulings of the DSB would end on
24 March 2014, and jointly notified the DSB of this agreement on 29 July 2013.
1

Canada and the Government of Ontario have taken the following measures with a view to ensuring
compliance with the recommendations and rulings of the DSB:

 By Ministerial Directive, on 12 June 2013, th e Minister of Energy of the Province of
Ontario ("Minister") instructed the Ontario Power Authority ("OPA") to not procure any
additional energy under the Feed-In Tariff ("FIT") Program for large projects, and to
instead develop a new competitive process for procurement of large renewable energy
capacity through requests for proposal. As a result, large wind and solar electricity
procurement are no longer subject to th e domestic content requirements of the
FIT Program.

1 See - Agreement under
Article 21.3(b) of the DSU, WT/DS412/16, 31 July 2013 and Canada – Measures Relating to the Feed-in Tariff
Program – Agreement under Article 21.3(b) of the DSU, WT/DS426/16, 31 July 2013.
WT/DS412/17/Add.1 • WT/DS426/17/Add.1

 The Minister issued a Directive on 16 August 2013 to the OPA to significantly lower the
domestic content requirements for Small FIT and microFIT wind and solar electricity
projects that are procured under the FIT Program, starting with the Fall 2013
procurement window.

In addition, the Government of Ontario tabled legi slation to provide the Minister with the authority
to direct the OPA to procure electricity under the FIT Program without any domestic content
requirements. At the time of circulation of this status report, this legislation is in Second Reading
in the Ontario Legislative Assembly.