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ARTICLE · 05 NOVEMBER 2012

WTO Likely To Deem Domestic Content Requirements Illegal

Dale & Lessmann LLP
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In my article on "The End of Domestic Content Requirements May be Near" from September 24, 2012, I reported that the domestic content requirements under the Ontario Power Authority’s ("OPA") Feed-in Tariff ("FIT") Program were being challenged at the World Trade Organization ("WTO") by Japan and the European Union on the basis that the domestic content requirements are contrary to Canada’s free trade obligations under the General Agreement on Tariffs and Trade, 1994 ("GATT").

CanadaEnergy and Natural Resources
Sven Walker
Sven Walker
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In my article on "The End of Domestic Content Requirements May be Near" from September 24, 2012, I reported that the domestic content requirements under the Ontario Power Authority's ("OPA") Feed-in Tariff ("FIT") Program were being challenged at the World Trade Organization ("WTO") by Japan and the European Union on the basis that the domestic content requirements are contrary to Canada's free trade obligations under the General Agreement on Tariffs and Trade, 1994 ("GATT").

After months of waiting for a panel report from the WTO's Dispute Settlement Body ("DSB"), the International Centre for Trade and Sustainable Development ("ICTSD"), citing a confidential interim WTO dispute settlement report, has confirmed that the panel has ruled against Canada and the OPA's domestic content requirements.

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