DS: Canada — Measures Concerning Trade in Commercial Aircraft

This summary has been prepared by the Secretariat under its own responsibility. The summary is for general information only and is not intended to affect the rights and obligations of Members.


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Current status


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Key facts

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Third Parties:
Agreements cited:
(as cited in request for consultations)
Request for Consultations received:


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Latest document


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Summary of the dispute to date

The summary below was up-to-date at


Complaint by Brazil

On 8 February 2017, Brazil requested consultations with Canada with respect to measures concerning trade in commercial aircraft.

Brazil claimed that the measures appear to be inconsistent with:

  • Articles 3.1(a), 3.1(b), 3.2, 5(c), 6.3(a), 6.3(b), 6.3(c), 6.4 and 6.5 of the SCM Agreement.

On 23 February 2017, Japan requested to join the consultations. On 24 February 2017, the European Union and the United States requested to join the consultations. Subsequently, Canada informed the DSB that it had accepted the requests of the European Union, Japan and the United States to join the consultations.


Panel and Appellate Body proceedings

On 18 August 2017, Brazil requested the establishment of a panel. At its meeting on 31 August 2017, the DSB deferred the establishment of a panel.

At its meeting on 29 September 2017, the DSB established a panel. China, the European Union, Japan, the Russian Federation, Singapore and the United States reserved their third-party rights.

Pursuant to paragraph 4 of Annex V (on the procedures for developing the information concerning serious prejudice) of the SCM Agreement, at its meeting on 25 October 2017, the DSB agreed to designate Mr Hanspeter Tschaeni as a representative to serve the function of facilitating the information-gathering process.

On 24 October 2017, Canada requested the Annex V Facilitator, Mr Hanspeter Tschaeni, to suspend the Annex V procedures until the panel issued a preliminary ruling on Canada's request that the panel find that certain aspects of Brazil's panel request do not meet the requirements of Article 6.2 of the DSU. On 25 October 2017, Brazil informed the Annex V Facilitator that it disagreed with the proposed suspension of the Annex V procedures and that Brazil would respond to Canada's preliminary ruling request once the panel is composed.

On 29 January 2018, Brazil requested the Director-General to compose the panel. On 6 February 2018, the Deputy Director-General, acting in place of the Director-General, composed the panel.



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