1. In response to the Tribunal's request of July 16,2012, Canada offers the following concise outline of its positions on potential issues in this claim so as to "complete the Tribunal's preliminary understanding of the main elements of the dispute for it to draft the initial procedural documents". As noted by the Tribunal in its letter of July 16 and as confirmed by Canada in its letter of July 17, we provide these preliminary comments without prejudice both to Canada's position that no valid claim has been submitted to arbitration, and to Canada's right to fully set forth its arguments in subsequent filings.

I. FACTUAL BACKGROUND

2. In the latter part of the last decade, the Government of Ontario decided to promote and develop a significant and robust renewable energy sector as part of the largest climate change initiative in Canada. This critical initiative had several components, including the Green Energy and Green Economy Act of 2009 and the Green Energy Investment Agreement of 2010.

3. The Green Energy and Green Economy Act provided the Ontario Minister of Energy with the authority to direct the Ontario Power Authority ("OP A"), the independent, non-profit corporation established under the Electricity Restructuring Act which is responsible for procuring electricity for the province, to establish the Ontario Feed-in Tariff Program ("FIT Program"). The Minister exercised that authority on September 24,2009 and the OPA initiated the FIT Program a week later, on October 1, 2009. The FIT Program provides the OPA with a means of promoting and procuring renewable energy via long-term contracts with renewable energy producers pursuant to standardized rules, terms and prices.