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Category Archives: Ontario Green Energy Act

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WTO Feed-in-Tariff Decision

WTO Appellate Body Ruling

Posted in Energy – Renewable, Alternative and Clean, Feed-in-Tariff, FIT, Micro-FIT, FIT 2.0, Ontario Green Energy Act, Regulation

On May 6, 2013 the Appellate Body of the World Trade Organisation (WTO) held that Canada was in breach of its national treatment obligations under Article III:4 of the General Agreement on Tariffs and Trade (GATT) because the Government of Ontario made the purchase of domestic components  a condition of participation in the Feed-in-Tariff (FIT) program under Ontario’s Green Energy Act.

Canada and Ontario continued to be successful in their claim that the payment of the higher FIT rates to the generators was not an illegal prohibited subsidy under the Subsidies and Countervailing Measures Agreement. The success rested on … Continue Reading