The draft of version 3.0 of the FIT Rules, FIT Contract and related documentation have been posted to the Ontario Power Authority’s website. The draft documentation reflects the directions issued by the Ministry of Energy to the OPA on June 12, 2013 and August 16, 2013, including amending the FIT Rules and FIT Contract such that FIT Contracts will only be available for “Small FIT Projects” (i.e. projects of 500 kW or less) and changes to the minimum domestic content requirements in order to comply with the World Trade Organization ruling (see our previous posts here and here). The proposed amendments to the minimum domestic content levels allow suppliers to achieve their minimum requirement by utilizing Ontario-based labour for construction and consulting, areas which are not subject to WTO scrutiny. In addition, FIT 3.0 contemplates that contracts may be awarded for projects to be constructed on as yet unbuilt buildings.

All interested parties are invited to comment on the draft FIT 3.0 documents and the OPA will be accepting comments (in the prescribed form provided by the OPA on their website) until September 20, 2013. It is expected that the final FIT 3.0 documents will be released October 7, 2013 and that the first FIT 3.0 application window will be open from November 4 – December 20, 2013.