29 May 2019

Legislation to Implement the CUSMA / USMCA / T-MEC Introduced in the Parliament of Canada for First Reading

On Wednesday 29th May 2019, the Honourable Chrystia Freeland, Canada’s Minister of Foreign Affairs, presented a “ways and means” motion to the House of Commons that paved the way for Prime Minister Justin Trudeau to introduce Bill C-100, “An Act to implement the Agreement between Canada, the United States of America and the United Mexican States” (the “CUSMA Implementation Act”), for First Reading.

The provisions of Bill C-100 set out the changes that need to be made to federal statutes and regulations in order to give effect under Canadian law to the negotiated outcomes of the new Canada-US-Mexico free trade agreement (referred to as the CUSMA in Canada, the USMCA in the United States, and the T-MEC in Mexico). This includes repealing the provisions that have long implemented the North American Free Trade Agreement (NAFTA) and replacing them with provisions implementing the rights and obligations of the new Agreement.

The progress of the proposed legislation can be tracked online at the Parliament of Canada’s LEGISinfo website (link here).

Once Bill C-100 receives Royal Assent, the CUSMA Implementation Act will become law, and the Government of Canada will be in a position to formally ratify the agreement. This is done by providing written notification to the United States and Mexico that Canada “has completed the internal procedures required for the entry into force” of the Agreement.

The provisions of the CUSMA Implementation Act will enter into force on the same date that the Agreement itself enters into force, which will be “on the first day of the third month following the last notification” (see paragraph 2 of the Protocol replacing the North American Free Trade Agreement with the Agreement between Canada the United States of America, and the United Mexican States).

Tereposky & DeRose LLP regularly provides advice on the interpretation, implementation, and application of the provisions of international trade agreements, including the CPTPP, the CETA, the NAFTA, and the forthcoming CUSMA.  Should you have any questions regarding potential opportunities under these trade agreements or any other trade related issues, we are at your disposal.

Daniel Hohnstein
613.237.9005
dhohnstein@tradeisds.com

Greg Tereposky
613.237.1210
gtereposky@tradeisds.com

Jennifer Radford
613.237.9777
jradford@tradeisds.com

Vincent DeRose
613.237.8862
vderose@tradeisds.com