Pangaea Express: Another Six-Month Delay

The Government has announced the implementation of the amended Patented Medicines Regulations will be delayed once again until July 1, 2021. The amendment will be published in Canada Gazette II on January 20, 2021.

The government has cited this postponement to be due to pandemic-related challenges already facing the industry and other stakeholders. According to the Government, this 6-month delay will allow the industry more time to familiarize themselves with the PMPRB’s final Guidelines. (1) IMC is hoping, "this delay provides the time and the opportunity for government to work closely with industry, patients and other health system stakeholders on a better path forward.” (2)

However, key questions still linger…. Will the PMPRB have to course correct given the outcomes of recent Court cases? In addition to the Federal Court decision back at the end of June, the Superior Court of Quebec has also ruled against the disclosure of confidential rebates. (3)

For more information, please contact Suzanne Solman or Marla Weingarten.

1 Gowling WLG https://gowlingwlg.com/en/insights-resources/articles/2020/patented-medicines-regulations-amendment/

2 Innovative Medicines Canada http://innovativemedicines.ca/pmprb-regulations-delayed/

3 Smart & Biggar https://www.smartbiggar.ca/insights/publication/quebec-court-finds-price-and-revenue-calculation-provisions-of-amended-pmprb-regulations-unconstitutional