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The Climate Litigation Database

Non-compliance Procedure of Canada under the Kyoto Protocol

Geography
International
Year
2008
Document Type
Litigation

About this case

Filing year
2008
Status
Decided
Geography
International
Court/admin entity
Case category
Suits against governments (Global)GHG emissions reduction and trading (Global)Kyoto Protocol (Global)
Principal law
At issue
Canada’s failure to establish a national registry in accordance with the guidelines and modalities
Topics
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Documents

Summary

The question of implementation arises in relation to guidelines for the preparation of the information required under Article 7 of the Kyoto Protocol, the modalities for accounting of assigned amounts under Article 7, para 4 of the Kyoto Protocol, and the requirements of the technical standards for data exchange between registry systems. Canada had not established a national registry by the time of the in-country visit, nor a registry system that had initialized with the international transaction log by the publication date of the review report, and had also provided insufficient information on its national registry. At the hearing, Canada acknowledged the delay in establishing its national registry at its hearing, and provided a description of how its national registry performs the relevant functions and complies with the requirements of the data exchange standards in its written submission. The information provided by Canada, alongside other evidence such as an independent assessment report, enabled a technical assessment that Canada had established a national registry able to perform the relevant functions and complying with data exchange standards. As such, this provided a sufficient factual basis to avert a finding of non-compliance.

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Group
Topics
Policy instrument
Risk
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance