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The CUSMA review: what is on the table, and why it is an opening

The 2026 CUSMA joint review did not renew the pact, so annual reviews now run to 2036; here is what Washington wants, where Canada stands and why the process helps firms locating here.

On July 1, 2026, the trade ministers of Canada, the United States and Mexico met in Ottawa for the first mandatory joint review of the Canada-United States-Mexico Agreement. Canada and Mexico came ready to renew. The United States, in the words of McMillan LLP’s summary, “formally declined to extend the CUSMA in its current form.” That single decision set the shape of the next decade of North American trade, and it is worth understanding precisely what it did and did not change.

The mechanism

Article 34.7 of the agreement gives CUSMA a 16-year term, expiring July 1, 2036, with a formal review in year six. Had all three parties confirmed in writing at that review, the term would have rolled forward to 2042 and the next review would have fallen in 2032. Because one party declined, McCarthy Tétrault explains, the agreement stays fully in force but the Free Trade Commission must now review it every year until 2036, and the parties can agree to extend at any of those annual checkpoints. Withdrawal is a separate matter entirely, requiring six months’ written notice. Nothing in the review process shortens the agreement.

The stakes are large. The trilateral market covers roughly 500 million people and close to $2 trillion in annual trade. White & Case notes that every CUSMA right, tariff preference, rule of origin and dispute mechanism continues unchanged through 2036. That matters for tariffs today: CUSMA-compliant Canadian goods remain exempt from US Section 301 duties and from parts of the Section 232 regime, according to the Trade Commissioner Service, even though the new Section 338 tariffs of August 22 carry no such exemption.

What Washington is asking for

US demands cluster in three areas. The first is automotive rules of origin. CUSMA already requires 75 per cent regional value content for passenger vehicles and light trucks, up from 62.5 per cent under NAFTA. Ambassador Jamieson Greer has called strengthening those rules a “key objective,” citing a decline in the US-origin share of Canadian vehicle parts from 85 per cent in 2017 to 50 per cent in 2024, as Mexico News Daily reported from the July bilateral round in Mexico City. Greer has also acknowledged that a full rewrite of automotive origin rules will need “a little more time” and congressional involvement next year, while hoping for interim arrangements by the end of 2026.

The second is dairy. The USTR’s March 31, 2026 National Trade Estimate singles out Canada’s supply-management system of production quotas and tariff-rate quotas, PwC Canada notes, and Washington has framed expanded dairy access as a “structural” condition of any 16-year extension. Canada’s answer is settled law: Bill C-202, which received royal assent in June 2025, restricts federal trade commitments on supply-managed goods, and Prime Minister Carney has ruled the system off the table, according to The Deep Dive. His August 22 offer went as far as administrative measures “without systemic changes.”

The third is digital and regulatory. The USTR objects to the Online Streaming Act and the Online News Act, to provincial liquor-board bans on US alcohol, to Buy Canadian procurement rules and to the CARM customs-registration system. Steel and aluminum provisions and economic-security language round out the US list from its rounds with Mexico.

Where Canada stands

Canada’s position has been consistent since before the review. Public consultations in 2025 drew 5,143 submissions, Global Affairs reports, with stakeholders asking Ottawa to preserve market access and stability, modernize procedures and strengthen trilateral value chains. Janice Charette was appointed chief trade negotiator to the US in February 2026, and an advisory committee on Canada-US economic relations was struck under Minister Dominic LeBlanc on April 21. After the July 1 meeting, LeBlanc reaffirmed “unwavering support for the CUSMA and its renewal” and said the three ministers “agreed on the importance of continuing our discussions.” Canada’s stated priority in the parallel bilateral track is relief from Section 232 tariffs on steel, aluminum, autos and lumber.

The bilateral track then stalled. Carney suspended talks on August 22 after the US “asked too much and offered too little,” including by pressing “until the very last minute” on French-language and cultural protections. As of this week, Canada’s counter-tariffs are in force, no new negotiating date has been set, and Carney says Canada will return “when the Americans are ready,” per Canadian Press. Mexico, meanwhile, has held three bilateral rounds with Washington, the third in Mexico City in July. Canada has not yet begun text-based negotiation.

Why this is an opening

It is easy to read all of this as risk. The better reading, for a firm deciding where to put North American capacity, is that the review converts a single cliff into a decade of scheduled negotiation, and Canada enters it with assets the other parties want. Its energy, critical minerals and skilled workforce were the strengths LeBlanc cited on July 1. Its steel and aluminum are inputs the US industrial base has not replaced. And tighter automotive origin rules, if they come, reward production inside the bloc, which is where a Canadian plant already sits.

Meanwhile the legal floor holds. CUSMA is in force until 2036 with every preference intact, Canada has extended tariff remission relief on a range of US goods through July 1, 2027, and annual reviews give Ottawa a standing venue to trade sectoral tariff relief for modernization the US says it wants.

That is the case for Canada now: a G7 economy inside the world’s largest free-trade zone, whose obligations are fixed for ten years, negotiating from a published position rather than improvising. Uncertainty at the US border is real, but it is bounded, dated and rules-based, and a firm that builds in Canada today is positioned for whichever version of North American trade emerges from the table.

Sources

  1. Joint Review of the Canada-United States-Mexico Agreement (Global Affairs Canada)
  2. Statement by Minister LeBlanc following trilateral CUSMA joint review meeting (July 1, 2026)
  3. Minister LeBlanc updates provincial and territorial ministers on CUSMA Joint Review (July 3, 2026)
  4. Navigating the CUSMA Review Process: A Guide for Canadian Stakeholders (McCarthy Tétrault)
  5. USMCA 2026 Joint Review: United States declines to extend Agreement, triggering annual reviews (White & Case)
  6. Following July 1st Review, CUSMA Remains in Effect Until 2036 (McMillan LLP)
  7. Greer joins USMCA talks in Mexico City to push for stronger automotive rules of origin (Mexico News Daily, July 23, 2026)
  8. USTR targets Canada's dairy and digital rules in CUSMA review (The Deep Dive)
  9. Preparing for the CUSMA 2026 review: US trade concerns and implications for Canadian businesses (PwC Canada)
  10. Prime Minister Carney delivers remarks on Canada-U.S. trade negotiations (Aug. 22, 2026)
  11. Carney rejects U.S. claim that Canadian politics ended trade talks (Canadian Press, Sept. 3, 2026)
  12. Order Amending the United States Surtax Remission Order (2025), SOR/2026-154 (Canada Gazette, Part II)
  13. United States and Mexico to Convene in Mexico City for Third Bilateral Negotiating Round Related to the Joint Review of the USMCA (USTR, July 17, 2026)
  14. Answers to common questions about U.S. tariffs (Trade Commissioner Service)