USMCA/CUSMA Joint Review: What Canadian Companies Need to Know

As of Mexico’s announcement this morning (Sept 17), all three of the USMCA/CUSMA governments have commenced stakeholder consultations on the North American trade agreement in advance of the “Joint Review” milestone of July 1, 2026.

Mexico’s announcement of a 60-day solicitation of inputs on the functioning of the Agreement comes just one day after the Office of the U.S. Trade Representative (USTR) commenced its public consultation process "to assist USTR as it develops positions and recommendations" for the Joint Review. In late August, Prime Minister Carney announced Canada’s intention to consult broadly on Canadian priorities to be pursued in the Joint Review.

The Joint Review process is a new requirement inserted into USMCA/CUSMA in response to President Trump’s demands during the renegotiation of NAFTA in his first term. Through the review, each of the three countries must commit to extending the Agreement, or it will sunset. Notably, during his 2024 re-election campaign, Trump took credit for the Joint Review clause and made clear his intention to use the milestone as a major tool of leverage to further advance the US’s economic interests with Canada and Mexico. So, effectively, this ‘Review’ process is highly likely to resemble a renegotiation.

With this in mind, the USTR’s consultation process is specifically seeking comments on the operation of the Agreement regarding the following:

• Any aspect of the operation or implementation of the USMCA.
• Any issues of compliance with the Agreement.
• Recommendations for specific actions that USTR should propose ahead of the Joint Review to promote balanced trade, new market access, and alignment on economic security with Mexico and Canada.
• Factors affecting the investment climate in North America and in the territories of each Party, as well as the effectiveness of the USMCA in promoting investment that strengthens U.S. competitiveness, productivity, and technological leadership.
• Strategies for strengthening North American economic security and competitiveness, including collaborative work under the Competitiveness Committee, and cooperation on issues related to non-market policies and practices of other countries.

USTR will also hold a public hearing on November 17. The deadline for submitting written comments and requests to appear at the hearing will be around November 1. 

USTR bears an obligation to perform such a public consultation at least 270 days prior to the Joint Review (July 1, 2026). Another USTR obligation is to present a report to Congress  180 days prior, reflecting the results of this consultation and its views on appropriate "positions and recommendations" for the US to adopt. 

These consultation processes being conducted by each of the three governments represent important opportunities for companies with North American interests.

For companies in Canada in particular, participating in the Federal Government’s process is one critical dimension of what should be a multifaceted strategy to ensure your interests and policy objectives are understood by Canada’s negotiating team.

Further, fashioning alliances with like-minded stakeholders can serve as a leverage multiplier for companies with interests on the line, and the consultation process provides an opportunity to build and strengthen such alliances.

The consultations also offer valuable opportunities to track and glean  insights into the positions being staked out by stakeholders across the other two economies.

Sussex stands ready to support our Canadian companies and organizations throughout this important USMCA/CUSMA Joint Review process to ensure you are well-positioned as negotiations take shape. From drafting impactful submissions to preparing for hearings and building strategic alliances, our team ensures your priorities are heard and influence the outcomes that matter most to your organization.