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In advance of the July 2026 joint review of the Canada-United States-Mexico Agreement (CUSMA) that will be held between Canada, Mexico, and the United States, Canada has opened formal public consultations on the operation of the CUSMA, providing an important opportunity for Canadians to help shape Canada's negotiating positions. Given the instability in North American free trade under the Trump 2.0 Administration, the joint review has assumed central importance as a means for Canada to restore certainty to its key trade relationships, thus making the consultations all the more critical for Canadian industry.
Below, we provide an overview of the joint review and consultation processes.
Overview of the CUSMA Joint Review
When the CUSMA entered into force on July 1, 2020, it contained a new article (34.7) which included both a "sunset" clause—providing for the termination of the agreement 16 years after its entry into force unless it is otherwise renewed—as well as a provision mandating a "joint review" of the agreement by the parties in July 2026. The stated purpose of the joint review is to enable parties to consider the operation of the agreement, review any recommendations for action submitted by a party, and decide on any actions.
During the joint review, parties will be required to confirm whether they wish to extend the CUSMA by an additional 16 years. If parties unanimously agree, then the agreement will be extended until 2052 and joint reviews will take place every six years. However, if one or more parties do not confirm a desire to extend the agreement, then the parties will hold joint reviews on an annual basis for the remainder of the term of the agreement.
While few details about the joint review process are provided for in the text of the CUSMA, the new article was added to the CUSMA by the US, who are expected to use the joint review as a forum to exert their leverage over Canada and Mexico, including by withholding their consent to renew the agreement and threatening its potential termination, to try to address what it regards as key trade irritants. The list of American trade irritants is lengthy, but its top priorities in negotiations with Canada are likely to include automobile rules of origin, Canada's supply management system and agricultural market access, cultural protections and regulatory frameworks, as well as non-tariff barriers to trade.
Given the pressure that it is expected to face during the joint review, Canada will need to identify areas where it is prepared to make concessions for the benefit of the US, while identifying its own priorities to help create opportunities and benefits for Canadian industry.
The Importance of Participating
In the context of the ongoing trade tensions between Canada and the United States, the joint review has taken on a renewed importance for Canadian industry. While the US and Canada may reach an interim bilateral agreement respecting certain aspects of their trade relationship, such an agreement is unlikely to be the kind of comprehensive agreement that Canada is seeking. As such, the joint review may be one of the only ways that Canada can seek to restore certainty to its trading relationship with the US.
Submissions received from these consultations will help inform Canada's preparations for the joint review in 2026 and are likely to play an important role in shaping Canada's priorities and negotiations. Given the importance of the joint review to trade with Canada's largest trading partner, the consultations provide Canadian industry with a unique opportunity to help inform Canada's understanding of the agreement and develop its negotiating positions.
Who Should Participate
All Canadians are eligible to participate, but Canada has specifically identified groups that it is hoping to hear from, including:
- Provincial, territorial and municipal governments
- Businesses
- Industry associations
- Civil society organizations and non-governmental organizations
- Labour unions
How to Participate
Those interested in participating in the consultation may, before November 3, 2025, send a submission to Global Affairs Canada via email (CUSMA-Consultations-ACEUM@international.gc.ca) or mail (Global Affairs Canada; Trade Negotiations – North America; John G. Diefenbaker Building; 111 Sussex Drive; Ottawa, Ontario; K1N 1J1).
These submissions should provide background information on you or your organization as well as your experience and views on areas of CUSMA that are working well and those requiring improvement.
Conclusion
Fasken routinely leverages its international trade and government relations expertise to support organizations and businesses wishing to participate in consultations.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
