Procedural Order No. 11

IN THE MATTER OF AN ARBITRATION UNDER CHAPTER ELEVEN OF THE NORTH AMERICAN FREE TRADE AGREEMENT AND THE UNCITRAL ARBITRATION RULES, 1976

-between-

TENNANT ENERGY, LLC (the “Claimant”)

-and-

GOVERNMENT OF CANADA (the “Respondent”, and together with the Claimant, the “Parties”)

PROCEDURAL ORDER NO. 11

The Arbitral Tribunal Mr. Cavinder Bull SC (Presiding Arbitrator) Mr. R. Doak Bishop Sir Daniel Bethlehem QC

Registry Permanent Court of Arbitration

Tribunal Secretary Ms. Christel Y. Tham

1 May 2021

PCA Case Nº 2018-54 Procedural Order No. 11 1 May 2021 Page 1 of 2

I. R ELEVANT PROCEDURAL HISTORY 1. On 15 April 2021, the Tribunal issued Procedural Order No. 10 which, inter alia, set out in its Annex I the Procedural Calendar for the Bifurcated Jurisdictional Phase. 2. On 26 April 2021, the Respondent informed the Tribunal, inter alia, that the Parties had agreed to certain revisions to the Procedural Calendar for the purposes of accommodating an additional step that that will allow for the Tribunal to rule on any amicus curiae applications before the Parties submit their responses to the amicus curiae submissions. II. T HE TRIBUNAL’S ORDER 3. The Tribunal confirms the revisions to the Procedural Calendar for the Bifurcated Jurisdictional phase, as agreed between the Parties. 4. The Tribunal determines that the Revised Procedural Calendar for the Bifurcated Jurisdictional Phase shall be as set out in Annex I. Dated: 1 May 2021 Place of Arbitration: Washington, D.C.

_____________________________ Mr. Cavinder Bull SC (Presiding Arbitrator)

On behalf of the Tribunal

PCA Case Nº 2018-54 Procedural Order No. 11 1 May 2021 Page 2 of 2

Annex I: Revised Procedural Calendar for the Bifurcated Jurisdictional Phase

Procedural Event By Date Decision on Scope of Bifurcated Phase of Proceedings (PO 9) Tribunal 10 March 2021 Rejoinder Memorial on Jurisdiction Respondent 26 May 2021 Notification of Article 1128 Written Submissions Mexico/U.S. 11 June 2021 Article 1128 Written Submissions (if any) Mexico/U.S. 25 June 2021 Responses to Article 1128 Written Submissions (if any) Claimant/Respondent 26 July 2021 Filing of Amicus Curiae Applications for Leave / Attaching the Amicus Curiae Submissions (if any) Amici Curiae 20 August 2021 Responses to Amicus Curiae Applications for Leave (if any) Claimant/Respondent 14 September 2021 Decision on Amicus Curiae Applications for Leave (if any) Tribunal 28 September 2021 Responses to Admitted Amicus Curiae Submissions (if any) Claimant/Respondent 12 October 2021 Notification of Article 1128 Oral Submissions at the Hearing (including with respect to any admitted Amicus Curiae Submissions) Mexico/U.S. 1 October 2021 Notifications of Witnesses/Experts to be Cross-Examined at the Hearing Claimant/Respondent 21 September 2021 Submissions of Proposed Hearing Schedule(s) Claimant/Respondent 5 October 2021 Pre-Hearing Conference (via videoconference) - 19 October 2021, 09:00 EDT Hearing - 15 to 19 November 2021 (max. 4 days)