Tag Archives: CUSMA

Why is the U.S. mad about who sells cheese in Canada?

Cheese has once again become a hot topic in the Canada-U.S. trade dispute.

While officials work to lower sectoral tariffs on Canadian steel and aluminum, the U.S. wants Canada to change its strict rules on importing cheese, which a Canadian agricultural economist warns heavily against.

“It’s not in the Canadian interest,” explains Al Mussell, a prominent Canadian agricultural economist and policy analyst.

Last month, U.S. President Donald Trump signed an executive order threatening a 50 per cent tariff on Canada’s dairy sector, which is now in a three day suspension period as negotiations continue.

Raphael Kaiser stores some of the artisinal cheeses at the production facility of Fromagerie Fritz Kaiser in Noyan, Que., Thursday, Oct. 11, 2018.THE CANADIAN PRESS/Ryan Remiorz

Mussell explains that the U.S. wants more control over who can access Canadian retailers directly, so they can export some of their premium products to Canada.

“Of course, that’s not how our system works,” he says, adding that allowing it would threaten Canadian processors and complicate the domestic raw milk allocation system.

Canada currently gives dairy import quota access mainly to processors, while retailers are excluded under CUSMA. The U.S. argues that this restriction creates an unfair playing field because retailers are granted access under Canada’s trade agreement with the European Union.

The U.S. administration says “Canada is discriminating against the commerce of the United States through Canada’s tariff-rate quota allocation measures imposed on U.S. cheeses of all types.”

Canada and the U.S. have fought over this before

The dispute over who gets access to Canada’s dairy quotas is not new.

The U.S. first launched a formal dispute under CUSMA, arguing that Canada’s dairy import system shut out U.S. producers because it gave almost all its import permits to domestic dairy factories.

After a trade panel ruled that this was unfair, Canada changed the rules to let other dairy businesses, like distributors, get the permits too. However, retailers remain excluded.

A cow in a dairy farm, Tuesday, January 23, 2024 in Saguenay Que. THE CANADIAN PRESS/Jacques Boissinot

When the U.S. challenged Canada again, arguing retailers should also be allowed direct access, the panel sided with Canada, saying it was in compliance with CUSMA.

Mussell says the U.S. continuing to press the issue despite that ruling is not a good sign.

“I think it goes far beyond cheese or dairy products,” he says.

“When the President can come in and make threats that contravene a decision that the dispute panel under the CUSMA agreement rendered… that’s really troubling.”

What happens if retailers get more access?

Mussell says giving grocery retailers direct access would not increase the total amount of U.S. cheese entering Canada, since the quota is already essentially filled, but it could shift sales away from Canadian manufacturers.

He says it could also complicate Canada’s supply management system because raw milk is allocated to processing plants on a regulated basis.

Cows are milked at a dairy farm in Granby, Que., on Wednesday, Feb. 5, 2025. THE CANADIAN PRESS/Christinne Muschi

“That could be costly to the Canadian dairy industry,” he says.

Mussell also warns that giving grocery retailers more direct access to imports could strengthen their negotiating position with Canadian dairy suppliers.

“Your’re kind of arming them in terms of the sorts of relations that they can have with their dairy suppliers,” he says.

‘Our national food sovereignty is not up for negotiation’

In response to the tariff threat, a joint letter by the Dairy Farmers of Canada and the Dairy Processors Association of Canada last week expressed disappointment that the dairy sector was dragged into a trade dispute once again.

“Our national food sovereignty is not up for negotiation,” said David Wiens, president of DFC.

“It is also clear that Canadians believe in the importance of having control over our food supply and ensuring that Canada’s strong domestic dairy sector is not compromised.”

The trade relationship in dairy already “massively favours the U.S.” said Mathieu Frigon, president of the DPAC.

“U.S. dairy exports to Canada far exceed Canadian dairy exports to the U.S. by more than $600 million annually and have increased by more than 150% since CUSMA came into effect,” said Frigon.

What about the quality of U.S. dairy?

Mussell says even if more U.S. milk entered Canada, there is a major difference between Canadian and U.S. dairy quality standards.

“You could have milk that shipped under the U.S. Grade A that would not be saleable in any province in Canada,” he says.

Canadian milk is seen at grocery store in Ottawa, on Wednesday, April 2, 2025. THE CANADIAN PRESS/Justin Tang

Moreover, he says a significant amount of American milk doesn’t even meet its own Grade A standard.

“Is that product being exported to Canada, made from that milk? We don’t know. They don’t label. We have no way of knowing that,” says Mussell.

He says federal funding for labs that monitor the U.S. milk testing system stopped last year.

“What’s the nature of the safety and quality of product that we’re getting from the United States? I don’t know that we have an answer for that, and it’s concerning,” says Mussell.

Anam Khan

For the Silo, Anam Khan/ BNNBloomberg.ca

Canada Should Embrace Trump Presidency Opportunities

From: Chris Christie
To: Nervous Canadians 
Date: November 6, 2024 
Re: Canada Should Embrace the Opportunities of a Second Trump Presidency

A second Donald Trump presidency, if approached strategically, offers Canada more opportunities than risks.

Donald Trump’s campaign rhetoric is often erratic, of that there is no doubt. And I, as you might have heard, am not a Donald Trump advocate.

But what happens in governance under Trump is a far cry from his provocative online posts or bombastic speeches, as I argued in the latest C.D. Howe Institute Regent Debate. His track record speaks for itself, and whether you choose to acknowledge it or not, Canada has already benefitted from Trump-era policies.

Let’s take the US-Mexico-Canada Agreement – CUSMA in the Canadian rendering – as a prime example. Trump’s renegotiation of NAFTA wasn’t just about putting “America first.” It was about reshaping trade relationships in North America to benefit all three countries. The agreement secured economic ties between the US, Canada, and Mexico in a way that ensures long-term growth for all parties involved.

Trump views that agreement as one of his crowning achievements, and rest assured, it’s not going anywhere. It is a durable platform for growth in North American trade.

Looking forward, the question isn’t whether Trump is unpredictable. It’s whether Canada can recognize and leverage the opportunities his policies present.

With Trump re-elected, his administration will continue to focus on policies that drive economic growth – lower taxes, reduced regulations, and energy independence. A booming US economy means a stronger Canada, as our two economies are deeply intertwined. When one prospers, the other stands to benefit through increased trade and investment.

Trump’s approach to trade – especially tariffs – has often been misunderstood. Yes, his speech-making is aggressive. But we need to separate rhetoric from reality. Trump’s actual policies were more measured than many anticipated. And they will be again. 

The real adversary for Donald Trump is China, not Canada. If Trump tightens the screws on China’s unfair trade practices, it could create space for Canadian companies to flourish on a more level playing field, particularly in sectors like technology and intellectual property, where China has been a major violator.

Trump’s economic philosophy – focused on cutting taxes and regulations to unleash private-sector growth – should also serve as a wake-up call for Canada. Under Prime Minister Trudeau, Canada has taken a ruinous policy road, with higher taxes and more government intervention in business.

But what if Canada aligned itself more closely with the pro-growth policies Trump advocates? 

Imagine the potential for Canadian businesses if they operated in an environment with fewer barriers to growth. A thriving private sector in Canada would strengthen the economy and create more opportunities for collaboration and trade with the US.

I won’t pretend that a second term comes without challenges. But instead of focusing on the personality occupying the Oval Office, Canada should focus on how to navigate the opportunities presented by our shared future as neighbours and trade partners.

It’s time to stop seeing Trump as an unpredictable threat and start recognizing the potential opportunities his policies can bring. Canada stands to benefit if it plays its cards right. For the Silo, Chris Christie.

Chris Christie was the 55th Governor of New Jersey and a participant in the C.D. Howe Institute’s recent Regent Debate. Send comments to Chris via this link.

Canada’s Digital Services Tax is in US Crosshairs 

From: Jon Johnson
To: Global Affairs Canada 

On August 30, the US requested consultations respecting Canada’s Digital Services Tax Act under the dispute settlement procedure set out in the Canada-US-Mexico Agreement (CUSMA). The US maintains that by imposing the tax, Canada has failed to provide US service providers and investors treatment no less favourable than it provides to Canadian service providers and investors. Given Canada’s unique trade relationship with the US, this could have major implications.

The essence of the complaint is that Canada is violating a specific CUSMA obligation to grant US firms terms that are no less favourable than its own companies receive.

This is called national treatment. The crux of the US argument is that the revenue and earnings thresholds are so high that no Canadian service provider would be subject to the tax, but at least some US providers would be. While the DST is not discriminatory on its face, its practical effect is discriminatory. 

Canada’s taxation of digital services has been an on-going contentious issue with the US. The new legislation entered into effect on June 20 and imposes a 3-percent levy – retroactive to January 1, 2022 – on revenue (not income) earned from digital services when certain thresholds are met. Annual gross revenues in a calendar year must exceed €750 million for the tax to apply. The taxpayer must also earn at least C$20 million in Canadian digital services revenue in a calendar year. Affected companies are to start paying the tax next June 30. 

On August 1, the Congressional Research Office released a paper outlining multiple concerns. It cites industry associations that maintain that Canada’s DST could “cost US exporters and the US tax base up to $2.3 billion annually and could directly result in the loss of thousands of full-time US jobs.” The paper also cites possible violations of CUSMA and WTO obligations. 

The paper also notes that the United States Trade Representative (USTR) has applied sanctions under Section 301 of the 1974 Trade Act against digital services taxes enacted by other countries. Section 301 is much broader in its application than either CUSMA or the WTO.

The CUSMA panel could decide for the US if the facts establish that only US companies meet the €750 million threshold for overall earnings and whose Canadian digital earnings exceed C$20,000,000. 

Aside from the possibility of an adverse panel decision and action by the US under Section 301, there are other factors that Global Affairs Canada should consider before the Canadian government commences with the retroactive portion of the tax.  

CUSMA is up for renegotiation on July 1, 2026. The process on the US side starts with a USTR report to Congress, due by the end of 2025, that will include an assessment of CUSMA’s operation, as well as a recommendation on CUSMA extension. As Canadian initiatives to impose digital taxes have been a US concern for years now, the recommendation will doubtless address the question of Canada’s DST regime. If that regime remains an open issue and US concerns are not satisfied, the stage could be set for the ultimate demise of CUSMA in 2036.

CUSMA Article 32.6 also provides that a party can withdraw from CUSMA upon giving six months’ notice to the other parties.  

Decision time for the Canadian government falls on June 30, 2025, and it has to decide whether to go ahead and start collecting its retroactive DST and face the inevitable hostile reaction of its largest trading partner. This has to be carefully managed, or this small issue could become a big one. For the Silo, Jon Johnson.

Jon Johnson is a former advisor to the Canadian government during NAFTA negotiations and is a Senior Fellow at the C.D. Howe Institute.