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CCPA Report: The 2026 CUSMA review: prepare for the worst, plan for progress

May 30, 2024

In 2026, the Canada-United States-Mexico Agreement will be up for review—and the possibility of political shakeups means that governments should start preparing now.

In a leading chapter in the new Canadian Centre for Policy Alternatives report on the experience under the first five years of the Canada–United States–Mexico-Agreement (CUSMA), Mark Rowlinson and Simon Archer assess the performance of the innovative labour provisions in that agreement.

The CUSMA contains a “rapid response mechanism” (RRM) – the first of its kind globally – permitting parties to resolve disputes over contraventions of labour law standards through a trade related dispute resolution mechanism. The RRM was effective when it was triggered by the parties, but can be improved. Simon and Mark list a series of issues that should inform the mandatory five year review of CUSMA by the parties.

Other chapters in the report comment on environmental issues, auto sector investment, gender and indigenous peoples, and investor-state dispute mechanisms

You can read the Report online or download the Report here.

Lawyers

Simon Archer, Mark Rowlinson