Repeal of CUSMA Nomination Regulations

Summary#

These final regulations, SOR/2022-148, repeal two older rules that set out how Canada nominated people for trade-dispute panels under CUSMA. The repeal took effect on June 21, 2022, because that nomination process is now covered in the Canada–United States–Mexico Agreement Implementation Act.

What it does#

• Repeals the Members of Panels (CUSMA) Regulations and the Members of Committees and Special Committees (CUSMA) Regulations.
• Leaves the actual dispute process under CUSMA Chapter 10 unchanged. The selection process for roster, panel, and committee members is now handled by Section 16 of the Canada–United States–Mexico Agreement Implementation Act.
• Comes into force on the day the regulations were registered: June 21, 2022.
• The government says this is administrative housekeeping to remove duplication and avoid conflict between two sets of rules.

Who's affected#

• Companies, lawyers, and trade advisers involved in anti-dumping or countervailing duty cases under CUSMA are the most likely to notice this change.
• The change mainly affects federal officials responsible for nominating or maintaining rosters, including the offices of the Minister for International Trade and the Minister of Finance.
• The government says there are no expected costs or effects on small businesses, and no impact on Indigenous rights has been identified.

Why it matters#

• This is mainly tidy-up: it removes a duplicate set of nomination rules so there is one clear legal place to find how Canada picks roster and panel members.
• It does not change how dispute panels or committees operate, so access to the binational panel process for trade-remedy disputes remains the same.
• For most people and businesses, this will have no practical effect; for those directly involved in trade disputes or roster nominations, it clarifies which law to follow.