[40] Bill 153 Original (PDF)

Bill 153 2013

An Act to amend the Electricity Act, 1998 with respect to a World Trade Organization decision


Section 25.35 of the Electricity Act, 1998 authorizes the establishment of Ontario's feed-in tariff program, which relates to the procurement of energy from renewable energy resources, and it requires goals to be set for minimum domestic content under the program.  On May 24, 2013, the Dispute Settlement Body of the World Trade Organization adopted the reports of a panel and an appellate body concluding that the required goals for minimum domestic content under Ontario's feed-in tariff program are inconsistent with the General Agreement on Tariffs and Trade and with the Agreement on Trade-related Investment Measures.  The Dispute Settlement Body recommended that Ontario's feed-in tariff program be brought into conformity with Canada's obligations under those Agreements.

The Government of Ontario considers an amendment to the Electricity Act, 1998 to be advisable in the circumstances.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Subsection 25.35 (3) of the Electricity Act, 1998 is repealed.


   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Complying with International Trade Obligations Act, 2013.



Currently, section 25.35 of the Electricity Act, 1998 permits the Minister to direct the Ontario Power Authority (OPA) to develop a feed-in-tariff program.  The Bill repeals subsection 25.35 (3) of the Act, which requires the Minister to issue, and the OPA to follow, directions that set out the goals relating to domestic content to be achieved during the period to be covered by the program.