CUSMA trade-remedy regulations update

Summary#

These final regulations update Canada’s trade-remedy rules so they match the new Canada–United–States–Mexico Agreement (CUSMA). They mostly replace old NAFTA references with CUSMA ones and update which Mexican government office is named for trade matters. The regulations were published in the Canada Gazette, Part II on April 29, 2020.

What it does#

• Renames and updates references in the Special Import Measures Regulations and two related sets of rules:
  • the Members of Panels (NAFTA) Regulations are retitled Members of Panels (CUSMA) Regulations;
  • the Members of Committees and Special Committees (NAFTA) Regulations are retitled Members of Committees and Special Committees (CUSMA) Regulations.
• Updates the named Mexican trade authority to the Secretaría de Economía (Secretariat of Economy) for relevant provisions.
• Rewrites wording about how Canada names and selects candidates for binational panels, committees and special committees under CUSMA. Key details retained include:
  • people named to the panel roster serve as candidates for 10 years;
  • people named to the committee roster serve as candidates for 5 years.
• Clarifies how notice of certain appeals or applications must be given — by publication in the Canada Gazette and, when required by CUSMA rules, by formal service under those rules.
• Specifies that manufacturers, producers or exporters of goods of a CUSMA country who asked for a re-determination are considered a prescribed group for certain parts of the law.
• Comes into force on the day that section 98 of the Canada–United–States–Mexico Agreement Implementation Act comes into force, or on the day these regulations are registered if that is later.

Who's affected#

• Exporters, producers and manufacturers of goods from CUSMA countries who are involved in anti‑dumping or countervailing duty matters.
• Trade lawyers and advisers who handle trade-remedy cases and binational dispute panels.
• Government officials who select panel or committee members under CUSMA rosters.
• The Mexican trade ministry now referenced: Secretaría de Economía (Secretariat of Economy).
• For many other businesses and the general public, the changes are administrative and likely not noticeable.

Why it matters#

• These changes align Canada’s domestic rules with the new continental trade agreement. That keeps the existing binational dispute-resolution framework active under the new name CUSMA, so affected businesses and governments know which processes and offices apply.
• For companies facing anti‑dumping or countervailing duty decisions, the way notices are published and the pool of potential panel members is set out more clearly under the new agreement terms.
• The government says the amendments do not add costs to businesses and do not change the substance of the dispute-settlement or transparency rules — they mainly update names and cross-references to match CUSMA.