The main findings below are also based on the many ex post analyses of the environmental impact of NAFTA, conducted by the footnote of CEC7, an organization created by NAAEC to support cooperation among NAFTA partners on environmental issues of continental interest, including environmental challenges and free trade opportunities across the continent. During the engagement process, stakeholders expressed specific concerns that certain provisions of the CUSMA could limit Canada`s ability to design public policy, including environmental protection measures. In response to these concerns, the CUSMA Exceptions and General Provisions Chapter (Chapter 32) ensures that Canada`s commitments do not affect Canada`s ability to adopt or maintain conservation or environmental protection measures, programs or policies. The chapter contains the general derogatory provisions of the 1994 General Agreement on Tariffs and Trade (GATT) and the General Agreement on Trade in Services (GATS) and confirms the parties` understanding that the measures covered by these provisions include necessary environmental measures, for example, to protect human life, flora or human health. , animal or plant, and concern the conservation of natural, living and non-living, comprehensive resources. This means that Canada can take public policy measures that are inconsistent with the disciplines of the agreement, but necessary to protect human, animal or plant life or health, or to preserve depleted natural resources. The ability to adopt such measures depends on the fact that such measures are not applied in a way that constitutes a means of arbitrary or unjustified discrimination between countries where the conditions are identical or a disguised restriction on international trade. This chapter has been taken up by NAFTA and is an integral part of all free trade agreements with Canada. The Canadian Commitment to International Environmental Agreements and Instruments Compendium is a compilation of summaries of international environmental agreements and commitments. It is part of Canada`s ongoing environmental and climate change efforts to monitor its international commitments, review progress and measure and communicate results.
While the Compendium is not exhaustive, it provides a comprehensive picture of the extent of Canada`s international environmental activities, particularly those conducted by Environment and Climate Change Canada. With the renegotiation of NAFTA, Canada, Mexico and the United States have taken the opportunity to strengthen and modernize existing environmental legislation within the NAAEC, integrate them into the agreement and create a new comprehensive and enforceable chapter on the environment. The final outcome of CUSMA includes a new Parallel Environmental Cooperation Agreement (ECA) that maintains and modernizes KEK and its Montreal-based secretariat of unique institutions created in 1994 under NAFTA. These institutions will continue to effectively monitor and address the impact of trade on the environment and promote cooperation with North American partners to achieve the sustainable development goal in the region.