a feed-in tariff ("FIT") program that is designed to procure energy from a wide range of renewable energy sources. The development of this program is a key element of meeting the objectives of the Green Energy and Green Economy Act, 2009 … and is critical to Ontario’s success in becoming a leading renewable energy jurisdiction.9
we can all appreciate the challenges that you face in developing an offshore wind energy facility. That being said, we are not prepared to change any of the terms of the FIT Contract that has been offered to you. The FIT Program is a standard offer program. Windstream Energy Inc. ("Windstream") will have to determine whether or not it wants to accept the offered contract…. The OPA is not in a position to advise Windstream on how it ought to manage the regulatory risk associated with offshore wind energy projects.18 (emphasis added)
Each Party shall accord to investments of investors of another Party treatment no less favourable than that it accords, in like circumstances, to investments of its own investors with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.
Each Party shall accord to investments of investors of another Party treatment no less favorable than that it accords, in like circumstances, to investments of investors of any other Party or of a non-Party with respect to the establishment, acquisition, expansion, management, conduct, operation, and sale or other disposition of investments.
1. No Party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take a measure tantamount to nationalization or expropriation of such an investment ("expropriation"), except:
a. for a public purpose;
b. on a non-discriminatory basis;
c. in accordance with due process of law and Article 1105(1); and
d. on payment of compensation.
Each Party shall ensure, through regulatory control, administrative supervision or the application of other measures, that any state enterprise that it maintains or establishes acts in a manner that is not inconsistent with the Party's obligations under Chapters Eleven (Investment) and Fourteen (Financial Services) wherever such enterprise exercises any regulatory, administrative or other governmental authority that the Party has delegated to it, such as the power to expropriate, grant licenses, approve commercial transactions or impose quotas, fees or other charges.
a. The Tribunal dismiss the Claimant’s claims in their entirety; and
b. Pursuant to NAFTA Article 1135(1) and Article 42 of the 2010 UNCITRAL Arbitration Rules, the Tribunal require the Claimant to bear all costs of the arbitration, including Canada’s costs of legal assistance and representation; and
c. The Tribunal grant any other relief it deems appropriate.
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