Evidence of meeting #86 for Finance in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was health.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Lisa Pezzack  Director, Financial Systems Division, Financial Sector Policy Branch, Department of Finance
Liane Orsi  Senior Advisor, Financial Institutions Division, Financial Sector Policy Branch, Department of Finance
Justin Brown  Chief, Financial Sector Policy Branch, Department of Finance
Maxime Beaupré  Chief, Financial Systems Division, Financial Sector Policy Branch, Department of Finance
Alison McDermott  Director General, Program Coordination Branch, Innovation, Science and Economic Development Canada
Atiq Rahman  Acting Director General, Canada Student Loans Program, Department of Employment and Social Development
David Moore  Director, Program Design, Canada Education Savings Program, Department of Employment and Social Development
Patricia Brady  Director General, Investment Review Branch, Innovation, Science and Economic Development Canada
Jocelyne Voisin  Executive Director, Health Accord Secretariat, Strategic Policy Branch, Department of Health
Omar Rajabali  Chief, CHT/CST and Northern Policy, Federal-Provincial Relations and Social Policy Branch, Department of Finance
Anna Dekker  Counsel, Judicial Affairs, Courts and Tribunal Policy, Public Law Sector, Department of Justice
Adair Crosby  Senior Counsel and Deputy Director, Judicial Affairs, Courts and Tribunal Policy, Public Law Sector, Department of Justice
Andrew Brown  Executive Director, Employment Insurance Policy, Skills and Employment Branch, Department of Employment and Social Development
Margaret Hill  Senior Director, Strategic Policy and Legislative Reform, Department of Employment and Social Development
Rutha Astravas  Director, Special Benefits, Employment Insurance Policy, Department of Employment and Social Development
Marie-Hélène Lévesque  Executive Director, Cost Recovery, Department of Transport
Deryck Trehearne  Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health
David Lee  Executive Advisor to the Assistant Deputy Minister, Assistant Deputy Minister’s Office, Health Products and Food Branch, Department of Health
Naira Minto-Saaed  Director, Strategic Planning and Accountability Division, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

6:05 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Is it hard for you to say, or could it be there just doesn't seem to be a correlation?

6:05 p.m.

Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

Deryck Trehearne

I've never done a comprehensive study, but globally, it does not seem to be correlated.

6:05 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Thank you.

6:05 p.m.

Liberal

The Chair Liberal Wayne Easter

I have one further question as well. Could you tell me what process a stakeholder would have to use to challenge these user fees under the proposed amendments? What's the process? I pay user fees in my other life, and we're never happy in the farming sector about user fees, I can tell you. What process would there be for a stakeholder to challenge these fees under this proposed amendment?

6:05 p.m.

Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

Deryck Trehearne

We have several. One is the consultation proper, together with discussions and negotiations about what the fee should be, in view of the impact on those sectors. I'm very glad that I'm not in the farming sector when I'm trying to set fees.

Second, we have a policy of fee mitigation for small or medium enterprises. Any small or medium enterprise can benefit from a reduction in fees, and we have excellent take-up of that process. We've done audits of it, and it's in very good shape. The people taking up the reductions in fees have a right to do so and there's good evidence to suggest that the right people are getting it. We've done audits on this.

Third, we're going to create a dispute resolution system so that stakeholders can come and discuss their situations with Health Canada. This of course will be something that we have to work on over the coming months as we develop this new regime with our stakeholders. We'll have to look at where and how that's going to work. Dispute resolution, though, is something that we're planning to do.

Fourth, we rarely have the kind of impact with stakeholders that we have with Health Canada.

6:05 p.m.

Liberal

The Chair Liberal Wayne Easter

Mr. Dusseault.

6:05 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

What is the cost associated with the Health Canada approval process? For example, if a pharmaceutical company presents a new drug for approval, how much will it cost?

6:05 p.m.

Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

Deryck Trehearne

Are you talking about the total cost to our branch?

6:05 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

I would like to know what it would cost in total to approve a drug.

6:05 p.m.

Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

Deryck Trehearne

We currently are charging about 40% of the total cost for a drug review, and that's based on 100% time-tracking. So we know the costs are quite activity based—they're not just a guess. We charge about 40% of the true cost of a drug review right now.

As to the total revenues for the department, between us and one of our counterparts that does the post-market compliance and enforcement, I believe we raise about—is it $90 million?

6:05 p.m.

Naira Minto-Saaed Director, Strategic Planning and Accountability Division, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

It's $97 million.

6:05 p.m.

Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

Deryck Trehearne

Ninety-seven million dollars a year, which represents just under 50% of the budget of our entire branch.

6:05 p.m.

NDP

Pierre-Luc Dusseault NDP Sherbrooke, QC

Thank you.

6:05 p.m.

Liberal

The Chair Liberal Wayne Easter

Mr. Fergus.

6:05 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

We now effectively authorize Health Canada to administratively determine what the user fees should be, and these fees are reflected in the full cost of the services provided. If a pharmaceutical manufacturer contests the fees being charged—they might consider them out of line, out of whack, or not reflective—that company's recourse would not be to the minister, I take it, or would the minister have the ability to overrule the department?

6:10 p.m.

Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

Deryck Trehearne

The minister would receive a proposal from us on the proposed fees to be changed. The minister would have the final authority here in that sense, setting them through a ministerial mandate.

6:10 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

Would the minister have to give her or his approval every time the fee changes?

6:10 p.m.

Director General, Resource Management and Operations Directorate, Health Products and Food Branch, Department of Health

Deryck Trehearne

That's correct. That is the proposal.

David wants to make a point.

6:10 p.m.

Executive Advisor to the Assistant Deputy Minister, Assistant Deputy Minister’s Office, Health Products and Food Branch, Department of Health

David Lee

It may be important to note that when we establish fees now, it's under the Financial Administration Act, so it's a regulation-making process. This would be the same. It's just a different form of regulation. You're going from the Financial Administration Act over to the Food and Drugs Act, and you'd do it by order, which is still a form of regulation. It would enjoy the same gazetting process in terms of guaranteeing representations as the normal regulation-making.

6:10 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

I'm just trying to think back to the FAA. When decisions are made, usually ministers would say, “Thank you very much. The decision has been made by the FAA. It's been handled, and there is no more appeal to me.” That's what usually happens.

Are you saying that this would continue to happen?

6:10 p.m.

Executive Advisor to the Assistant Deputy Minister, Assistant Deputy Minister’s Office, Health Products and Food Branch, Department of Health

David Lee

It would continue to happen, but it would shift from the FAA into the purview of the Minister of Health. It still has the rigour of the Statutory Instruments Act, so it behaves like a normal regulation-making process in that sense, but it doesn't go to cabinet. It's stay with—

6:10 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

It's out of the minister's hands.

6:10 p.m.

Executive Advisor to the Assistant Deputy Minister, Assistant Deputy Minister’s Office, Health Products and Food Branch, Department of Health

David Lee

That's correct.

6:10 p.m.

Liberal

Greg Fergus Liberal Hull—Aylmer, QC

So there is no political recourse, then.

6:10 p.m.

Executive Advisor to the Assistant Deputy Minister, Assistant Deputy Minister’s Office, Health Products and Food Branch, Department of Health

David Lee

It's the same recourse as any other regulation-making they would have.