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Home > Legal & Regulatory docs.

Windstream Energy LLC USA v The Government of Canada - PCA Case No 2021-26 - NAFTA - Tribunal's Decision on the Correction of the Award - 11 June 2026

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Country
  • Canada
  • United States
Year

2026

Summary

IN THE MATTER OF AN ARBITRATION UNDER
ANNEX 14-C OF THE CANADA-UNITED STATES-MEXICO AGREEMENT

("CUSMA"), CHAPTER 11 OF THE NORTH AMERICAN FREE TRADE
AGREEMENT ("NAFTA"),

AND THE 2013 UNCITRAL ARBITRATION RULES

CORRECTION OF AWARD

...

III. CORRECTIONS

17. For the reasons set forth above, pursuant to Article 38 of the UNCITRAL Rules and the disputing parties' agreement, the Tribunal makes the following corrections of clerical errors contained in the Award:

(a) In paragraph 53(c) of the Award, rather than "merged into the Ontario Independent Electricity Systems Operator" the text shall read: "amalgamated with Ontario's Independent Electricity System Operator";

(b) Paragraphs 53(c)(i) and 53(c)(ii) of the Award shall be merged and "(with exception of the CEO)" shall be added after the phrase "the Minister of Energy", so that the corrected paragraph 53(c)(i) of the Award reads as follows: "is governed by a Board of Directors that oversees its business and affairs, appointed by and serving at the pleasure of the Minister of Energy (with exception of the CEO);";

(c) The numbering of paragraphs 53(c)(iii) and 53(c)(iv) of the Award shall be adjusted, so that they appear in the Award as paragraphs 53(c)(ii) and 53(c)(iii) respectively;

(d) In paragraph 56 of the Award, the word "implemented" shall be inserted into the phrase in round brackets "through OPA then IESO" so that the corrected part of paragraph 56 of the Award reads as follows: "... are the renewable energy regime under GEGEA (implemented through OPA then IESO) and the Crown land lease regime.";

(e) In paragraph 58(a) of the Award, "(except waterpower projects)" shall be added after the phrase "renewable sources", so that the corrected paragraph 58(a) of the Award reads as follows: "OPA was to pay a 20-year fixed premium price for energy from renewable sources (except waterpower projects), including onshore and offshore wind; and";

(f) In paragraph 114(e) of the Award, "a letter from MEI" shall be replaced with the following text: "a letter from MOE";

(g) In paragraph 118(b) of the Award, ", 2018" shall be inserted after the phrase "Green Energy Repeal Act", so that the corrected part of paragraph 118(b) of the Award reads as follows: "on 6 December 2018, the Green Energy Repeal Act, 2018. ..";

(h) In paragraph 237 of the Award, the reference to "this Windstream I arbitration" in the last sentence of the paragraph shall be replaced with "this Windstream II arbitration", so that the corrected sentence in paragraph 237 of the Award reads: "Therefore, the most efficacious approach is to deal with the relevant Windstream I Award findings that apply to this Windstream II arbitration as they arise in the course of this Award.";

(i) In paragraph 344(b) of the Award, the word "of" shall be inserted between the words "situations" and "expropriation", so that the corrected part of paragraph 344(b) of the Award reads as follows: "none of the prior awards involves situations of expropriation of a contract,689. ..";

(j) In paragraph 418 of the Award, the word "returned" shall be inserted before the phrase "(which it was)", so that the corrected sentence in paragraph 418 of the Award reads as follows: "It remained, in accordance with its terms and governing national law, unilaterally terminable by IESO, provided the security deposit was returned (which it was).";

(k) In footnote 97 in paragraph 74(b) of the Award, an opening bracket around "d" shall be added, so that the corrected footnote 97 reads as follows: "Memorial, para. 141 (d).";

(l) In paragraph 378 of the Award, a footnote 862 at the bottom of the page shall be added, which shall read as follows: "Memorial, para. 474."; and

(m) In footnote 1076 in paragraph 470(d) of the Award, the duplicative reference to "the Ontario" shall be removed, so that the corrected part of footnote 1076 reads as follows: "Memorial, para. 487: ("Despite its promises to Windstream and the tribunal's determination [...], the Ontario Government. ..".

18. The remainder of the Award dated 20 April 2026 remains unchanged. For the avoidance of any doubt, the Tribunal also issues a corrected version of the Award, where the above- mentioned corrections of clerical errors are implemented.

Dated: 11 June 2026

Place of Arbitration: Toronto

...

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