CUSMA Redux

With the continental pact unrenewed and rolling annual reviews now the rule, Washington opens a third bilateral round with Mexico while Ottawa waits for a seat at the table

OTTAWA, July 18, 2026. The trilateral trade agreement that has governed the North American economy since 2020 has entered an uncertain new chapter, and Canada is at risk of watching the next act from the wings. After the United States declined to renew the Canada United States Mexico Agreement during the parties’ required joint review at the start of the month, Washington has moved to a schedule of bilateral talks, and the United States Trade Representative is preparing a third round of negotiations with Mexico during the week of July 20 without any announced role for Canada.

The sequence has left Ottawa in an awkward position. The agreement remains in force, but instead of the long-term extension the three governments could have chosen, it now moves into a more fragile phase of annual reviews, with a scheduled termination date in 2036 unless the parties later agree to prolong it. As Washington deepens a bilateral track with Mexico City, Canadian officials are pressing to ensure that decisions about the future of continental trade are not made without them, even as a newly imposed 35 per cent American tariff on many Canadian goods sours the atmosphere and the Canadian dollar hovers near a two-year low.

A review that produced no renewal

The current situation traces to a review mechanism built into the agreement itself. Under the pact, the three governments were required to meet through their trade commission to assess the operation of the deal and decide whether to extend it. According to a statement issued by United States Trade Representative Jamieson Greer, the United States, Mexico and Canada met virtually on July 1 to discuss the operation of the agreement, and the United States did not agree to renew it in its current form. As a result, in the words of the statement, the agreement is not renewed.

Greer framed the outcome not as an ending but as the start of a more demanding phase. The United States will continue to engage with Mexico and Canada to address what Washington regards as the agreement’s shortcomings and its trade deficits with both countries, the statement said, while the agreement remains in force pending resolution of those issues or until its termination. In practical terms, the failure to renew triggers a process of annual reviews, replacing the predictability of a settled long-term pact with a recurring test of whether the deal survives another year.

Legal analysts have described the shift as moving the agreement into a fragile phase. The deal does not collapse, and its market-access provisions, rules of origin and dispute-settlement chapters continue to operate, but the political certainty that underpinned a decade of continental investment has been replaced by a countdown that resets every 12 months. For businesses that plan capital projects and supply chains over horizons far longer than a single year, that recurring uncertainty is itself a cost, independent of whatever substantive changes the reviews eventually produce.

The review mechanism at the heart of the current impasse was a deliberate feature of the agreement, negotiated when the deal replaced the North American Free Trade Agreement at the end of the last decade. To address American concerns that trade pacts can outlive their usefulness, the parties agreed to a term of 16 years with a formal joint review after six, at which the governments would decide whether to extend the agreement for a further period or allow it to move toward expiry through a series of annual reviews. The July 1 meeting was that six-year checkpoint, and Washington’s decision not to renew has now activated the annual-review path the drafters built as a fallback rather than as the expected outcome.

Washington pivots to a bilateral track

Rather than pursue the three governments’ concerns in a single trilateral negotiation, the United States has chosen to work the two relationships separately, and Mexico is first in line. Greer is set to travel to Mexico for continued bilateral talks, and the United States will meet Mexico during the week of July 20 for a third round of negotiations tied to the joint review, with the stated aim of resolving outstanding issues. Canada, by contrast, has not been announced as a participant in that round, and reporting on the review process has described the Canadian track as lagging behind the Mexican one.

The bilateral approach carries clear risks for Ottawa. When a trilateral agreement is renegotiated through parallel bilateral channels, the country that engages first and most intensively can shape the emerging terms, leaving the other partner to accept or resist a framework it had little hand in designing. Canadian officials are keenly aware of that dynamic, having lived through the original negotiation of the agreement, when periods of United States Mexico bilateral progress repeatedly pressured Ottawa to come to terms. The current sequencing threatens a repeat, with Canada cast as the partner playing catch-up.

Mexico’s willingness to engage bilaterally reflects both its exposure and its calculation. As a destination for enormous cross-border investment and a linchpin of continental manufacturing, Mexico has strong incentives to resolve outstanding issues quickly and to shape the emerging rules before they harden. By moving first, Mexico City positions itself to influence the treatment of automotive content, Chinese investment and other contentious questions, potentially at the expense of a Canada that has not yet secured a comparable seat at the bilateral table.

Autos, rules of origin and the China question

At the centre of the negotiations sits the automotive sector, the most deeply integrated industry on the continent and the one where the rules of origin matter most. Washington is pushing to tighten those rules, which determine how much North American content a vehicle must contain to move across borders duty-free, and is pressing for a minimum threshold requiring the use of American, rather than merely North American, auto parts. Such a change would strike directly at the calculus of automakers and parts suppliers operating in Canada and Mexico, potentially forcing production and sourcing decisions to shift toward the United States.

Looming over the automotive talks is a concern that has become central to American trade policy: China. Washington is worried about the transshipment of Chinese inputs through Mexico and Canada, whereby components made in China are incorporated into North American products that then enter the United States under preferential terms. Tightening the rules of origin is, in part, an effort to close that perceived loophole. A related flashpoint is the tolerance for Chinese investment within North America, and the degree to which Mexico and Canada are prepared to align with United States national-security concerns about Chinese capital and technology.

For Canada, these issues are double-edged. Ottawa has its own reasons to guard against Chinese overcapacity and has already adjusted certain tariffs on Chinese electric vehicles, but it also values the flexibility to set its own trade and investment policy toward the world’s second-largest economy. Being asked to harmonise with Washington’s posture toward Beijing as a condition of continental market access raises sensitive questions of sovereignty and economic strategy, the same tensions that have surfaced repeatedly as the trade relationship has grown more transactional.

Beyond automobiles, the review touches nearly every corner of the continental economy. The agreement governs agricultural market access, including the sensitive dairy provisions that have long irritated American producers seeking greater entry to Canada’s supply-managed market; it sets rules for energy, digital trade, labour and the environment; and it provides the dispute-settlement machinery through which the three countries adjudicate their disagreements. Reopening any of these areas invites a cascade of demands, and the shift to annual reviews means each can be revisited on a recurring basis, keeping a wide range of industries in a state of near-perpetual negotiation.

Economic stakes of a rolling review

The economic significance of the agreement is difficult to overstate. It governs the movement of goods and services across an economy that spans hundreds of billions of dollars in annual trade, and its rules shape investment decisions across manufacturing, agriculture, energy and services. The shift from a renewed long-term pact to a series of annual reviews injects a recurring dose of uncertainty into all of it, and that uncertainty has a measurable cost even when the underlying rules do not change.

Currency markets have already registered the strain. The Canadian dollar has slumped toward a two-year low, pressured by a combination of slower domestic growth, diverging interest rates, United States dollar strength and the pervasive uncertainty surrounding trade policy. The Bank of Canada has noted that American tariffs and trade uncertainty have placed Canadian economic activity on a lower path than would otherwise prevail, and the move to annual reviews compounds that drag by denying businesses the stable planning horizon that a renewed agreement would have provided.

Canada’s relationship with China adds a further complication. Ottawa has already adjusted tariffs on Chinese electric vehicles, a move tied to a broader understanding under which Beijing eased some barriers on Canadian agricultural exports, and Canada has its own interest in limiting the impact of Chinese industrial overcapacity. Yet the United States is pressing its partners to go further, seeking alignment on investment screening and content rules that would treat Chinese inputs and capital as security risks. For Canada, matching Washington’s posture too closely risks provoking retaliation from China, an important market for canola, seafood and other exports, while resisting it risks friction with the United States. That balancing act is among the most delicate facing Canadian trade policy.

Legal specialists caution that annual reviews are not the same as annual renegotiations. The agreement’s substantive obligations remain binding, and changes to its text still require the consent of all three parties, so no single government can unilaterally rewrite the rules through the review process alone. What the reviews do provide is a recurring, high-profile occasion for each country to press its grievances and, ultimately, a mechanism by which the agreement can be allowed to lapse if the parties never agree to extend it. The practical effect is to convert what had been a stable, long-horizon framework into a rolling political negotiation with a termination date always in view.

The uncertainty is already influencing investment decisions. Companies weighing whether to build a plant, sign a long-term supply contract or expand cross-border operations must now factor in the possibility that the rules could change at the next annual review, or that the agreement could eventually be allowed to expire. That calculus tends to favour delay, or investment on the United States side of the border where access is not in question, a dynamic that could gradually erode Canada’s share of continental production even if the agreement never formally ends.

The overhang is amplified by the parallel escalation on tariffs. With the United States having raised duties on many Canadian goods to 35 per cent and having maintained sector-specific measures on steel, aluminium and autos, the review process is unfolding against a backdrop of active trade conflict rather than routine housekeeping. That combination, an unrenewed agreement, a bilateral negotiating track that sidelines Canada and a fresh tariff shock, has concentrated minds in Ottawa on the danger that the terms of continental trade could be reset in ways that disadvantage Canadian producers.

What it means for importers and exporters

For Canadian exporters, the practical message is that the rules of origin have become the decisive variable. As long as a product meets the agreement’s content requirements, it can continue to move on preferential terms even amid the broader tariff conflict, which places a premium on rigorous origin documentation and on sourcing strategies that keep finished goods within the thresholds. Any tightening of automotive or other rules of origin during the reviews could change those thresholds, so companies are being urged to model how proposed changes, particularly a minimum American-content requirement for auto parts, would affect their eligibility.

Manufacturers with integrated cross-border operations face the most complex calculations. A parts supplier whose components cross the border multiple times must weigh how a shift toward American-content requirements would reshape its footprint, potentially favouring investment in the United States at the expense of Canadian plants. Firms that depend on non-North American inputs, including Chinese components, must reckon with the possibility that transshipment concerns will translate into stricter documentation demands or outright content restrictions, raising both compliance costs and the risk of losing preferential access.

Importers on the American side confront a mirror-image uncertainty. Buyers that rely on Canadian goods qualifying under the agreement benefit from continued preferential treatment for now, but the annual-review structure means that the terms governing their supply chains could change on a yearly cadence. Prudent importers are building contractual flexibility to accommodate shifting rules, diversifying suppliers where feasible and monitoring the bilateral talks closely, since decisions reached between Washington and Mexico City could set precedents that eventually apply to Canadian trade as well.

Trade advisers are counselling clients on both sides of the border to treat the coming year as a period of managed uncertainty rather than a return to stability. The annual-review mechanism guarantees that the future of the agreement will be revisited repeatedly, and the bilateral sequencing means Canadian firms cannot assume their interests will be represented at every stage. Businesses that engage early with policymakers, that document their reliance on integrated supply chains and that prepare for multiple regulatory scenarios will be better positioned than those that wait for a settled outcome that may not arrive.

Ottawa presses for a seat

For the Canadian government, the immediate objective is to avoid being marginalised. Ottawa has consistently maintained its commitment to the agreement even as it retaliates against American tariffs, a posture designed to keep Canada inside the framework through which the relationship’s future will be decided. Preserving that seat matters, because the alternative, a continental trade order shaped primarily by a United States Mexico understanding, would leave Canada to accept terms negotiated largely without it.

The path forward is narrow. Canada must simultaneously defend its interests on automotive rules of origin, manage the sensitive question of alignment with American policy toward China and cope with the immediate damage from a 35 per cent tariff, all while the clock on the next annual review begins to tick. How effectively Ottawa can insert itself into a process that Washington has structured around bilateral engagement with Mexico will determine whether the move from a renewed pact to rolling reviews becomes a manageable adjustment or the opening of a period in which Canada’s influence over the rules of continental trade steadily erodes.

Canadian business groups and provincial governments have urged Ottawa to secure a formal bilateral track of its own rather than wait for Washington’s attention to turn north. Exporters value predictability above almost all else, and the prospect of terms being shaped in United States Mexico talks, then presented to Canada, has revived memories of the original negotiation, when Ottawa joined a deal whose contours had already been substantially set. The provinces most exposed to continental trade, particularly Ontario with its automotive base, have a direct stake in ensuring that any tightening of rules of origin does not come at the expense of Canadian production.

For Canadian negotiators, a successful outcome would preserve duty-free access for compliant goods, limit the tightening of automotive content rules to terms Canadian industry can realistically meet and secure a genuine trilateral or parallel bilateral process in which Canadian priorities are heard. Falling short on any of these fronts would leave Canada bound by rules it did not shape, at a moment when its economic leverage is constrained by a weaker currency, slower growth and an active tariff war.

The stakes extend beyond the three governments to the competitiveness of North America as a bloc. The continental agreement was conceived in part as a bulwark, allowing the region’s producers to compete with Asian and European rivals from an integrated base. A shift to annual reviews and a more adversarial, bilateral style of negotiation risks fragmenting that base at precisely the moment when global competition, particularly from China, is intensifying. Business leaders across all three countries have warned that prolonged internal friction could weaken the very advantage the agreement was meant to protect.

Attention now turns to the week of July 20 and the third round of United States Mexico talks, the outcome of which will offer the clearest signal yet of the direction the review is taking. Should those talks produce a bilateral understanding on automotive rules or Chinese content, Canada would face pressure to accept, adapt or contest terms largely settled without it. Ottawa’s immediate diplomatic task is to convert its stated commitment to the agreement into an active seat in the negotiations before the emerging framework hardens into something it must simply accept.

What is clear is that the comfortable predictability of the past decade is gone. The agreement survives, but on a year-to-year basis, and its terms are now in play in a negotiation whose early rounds are unfolding without a Canadian chair. For exporters, importers and policymakers alike, the task is to navigate an era in which the foundational rules of the North American economy have become a recurring question rather than a settled answer.