The World Trade Organization has upheld its original decision and ruled that the domestic content regulations of Ontario’s Green Energy Act violate international trade law. Existing contracts signed under the Act will continue, but the WTO decision calls for the Green Energy Act to be amended to remove the requirement for local production in future renewable energy contracts. “Ontario loses final WTO appeal on Green Energy Act” by Shawn McCarthy, Globe and Mail (May 6) is at http://www.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/ontario-loses-final-wto-appeal-on-green-energy-act/article11731010/ .
A summary of the WTO proceedings, including a link to the review decision (file #WT/DS412), in English and French is available from the WTO at http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds412_e.htm . The Council of Canadians reaction is at “Ontario urged to defy unreasonable WTO ruling against Green Energy Act” at http://www.canadians.org/media/trade/2013/06-May-13-2.html , and the United Steelworkers union also urges Ontario to continue to fight, stating that “This is just the latest example of trade agreements being used to override our sovereignty and our freedom to implement environmental and economic development initiatives.” (see press release at http://www.newswire.ca/en/story/1159683/wto-ruling-must-not-end-fight-for-green-jobs-steelworkers ).
The Ontario Ministry of Energy has not yet made a formal response to the decision; however, in a related announcement on May 6th, it announced a 6-month review of the regional energy planning process to be more inclusive of municipal and local input. (See http://news.ontario.ca/mei/en/2013/05/new-ontario-government-strengthens-energy-planning.html ).
A May 6 briefing by Corporate Europe Observatory, the Council of Canadians and the Transnational Institute “highlights the public debate around fracking, the interests of Canadian oil and gas companies in shale gas reserves in Europe, and the impacts an investment protection clause in the proposed CETA could have on governments’ ability to regulate or ban fracking.” A similar provision investment protection clause in the North American Free Trade Agreement (NAFTA) is the basis for a current challenge by Lone Pine Resources to a fracking moratorium in Quebec. See the briefing, The Right to Say No: EU-Canada Trade Agreement Threatens Fracking Bans (May 6) at http://corporateeurope.org/publications/right-say-no-eu-canada-trade-agreement-threatens-fracking-bans .