The labour chapter of the Canada-U.S.-Mexico Agreement (Chapter 23) contains a number of significant developments compared to the labour provisions in any previously negotiated Canadian free trade agreement, including the North American Free Trade Agreement (NAFTA) and its labour side-agreement. An assessment of the functioning of these new provisions must take into account the CUSMA labour chapter improvements themselves, the important context of substantive labour law reforms in Mexico, and an account of labour-related CUSMA disputes to date.
The CUSMA labour chapter requires the parties to adopt and maintain robust labour standards in statutes, regulations and practices complying with the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights of Work, as well as minimum wages, hours of work, and occupational health and safety protections (Article 23.3). The agreement also requires the parties to refrain from weakening or derogating from the enforcement of labour regulation in a manner affecting trade or investment (Article 23.4).
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The 2026 CUSMA review: prepare for the worst, plan for progress—Stuart Trew
Rules-of-origin and automotive trade—Angelo DiCaro
Environment and climate—Gavin Fridell
Digital trade, worker rights and privacy—Stuart Trew
Dispute settlement and investor protection—Stuart Trew
Gender and inclusive trade—Laura Macdonald and Mary McPherson
Chapter 23 also removes the obligation found in previous trade deals that required substantive violations of labour rights be committed through a “sustained and recurring course of action or inaction,” which had the effect of limiting the kinds of labour cases that could be filed. 1 Finally, while violations of labour rights must still be “in a manner affecting trade,” CUSMA now reverses the onus of establishing this connection; the agreement presumes labour violations will affect trade until the responding state can prove otherwise (Footnote to Article 23.4). CUSMA also contains new prohibitions against importing goods made by forced labour (Article 23.6), and new commitments related to violence against workers (Article 23.7), migrant workers (Article 23.8) and workplace discrimination (Article 23.9).
However, the most significant improvements over NAFTA relate to the enforcement of these labour rights and standards. Unlike NAFTA and many Canadian trade deals, labour disputes can be addressed under the main treaty dispute resolution mechanism in CUSMA, as long as the disputing parties have first attempted to resolve the issue through consultations (Article 23.17). This responded to broadly shared criticism of NAFTA’s labour side-accord, which “lacked sanctions for non-compliance, and rested on the requirement that each state enforce its own labour laws, rather than establishing common higher standards, and thus was an unpromising site for promoting labour rights in general, or the rights of women and gender-diverse people specifically.” 3
Mexico enacted major amendments to its Federal Labour Law on May 1, 2019 to implement reforms to the Mexican Constitution adopted in 2017 in response to earlier pressure. The reforms addressed a number of longstanding obstacles to labour justice in Mexico, including protection contracts, the lack of democratic governance in some labour unions, and the lack of independence of government institutions responsible for labour relations and labour justice.
The May 2019 reform called for a four-year transition to fully implement the new labour justice system. The key transition mechanism required that all existing collective agreements must be reviewed and voted upon by workers at least once prior to May 2023, 4 a deadline which was extended to July 31, 2023. 12 However, in order for the RRM mechanism to become a model moving forward, several problems with the mechanism would need to be addressed.
The most common proposed reforms fall into two categories:
- Reforms to the existing labour chapter and rapid-response mechanism
- Reforms that would expand the scope of protections under the labour chapter and expand the application of the RRM itself
While the RRM and CUSMA labour chapter represent a major improvement over previous labour provisions in trade agreements, they can be improved and could be given greater scope to operate to create just and equitable labour outcomes.
First, the central limitation of the current RRM is that, for all intents and purposes, it only applies to Mexico. There are substantial and significant violations of the right to freedom of association and collective bargaining in both Canada and the U.S. If the RRM mechanism is to become a template for more trade agreements moving forward, both Canada and the U.S. need to amend the mechanism such that it has meaningful bilateral application in all of the signatory countries. There are technical hurdles in applying the RRM in the U.S. and Canada that should be studied and recommendations made for overcoming them.
Second, the scope of application of the RRM is too limited. By limiting its application to only violations of the right to freedom of association and collective bargaining, the RRM does not address a wide range of critical labour rights that are also affected by trade, such as health and safety, migrant work and gender-based violence. Moreover, the fact that the RRM only applies to certain “covered facilities” is a significant limitation on the usefulness of the mechanism.