Evidence of meeting #65 for Health in the 44th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was board.
A recording is available from Parliament.
NDP
Don Davies NDP Vancouver Kingsway, BC
—the disclosure of confidential price rebates by pharmaceutical companies, and the ability to amend the act to take into account pharmacoeconomics and market size.
NDP
Don Davies NDP Vancouver Kingsway, BC
Those are the three.
How many of those three proposed changes to the Patent Act for PMPRB reform are in place today?
Executive Director, Patented Medicine Prices Review Board
Just the change to the schedule of countries.
NDP
Don Davies NDP Vancouver Kingsway, BC
To my understanding, that's not actually in place. The minister pointed to the June 22 passing of PMPRB-amended drug regulations, but it's my understanding that those regulations cannot take effect until the guidelines are passed by the PMPRB.
Is that correct?
NDP
Don Davies NDP Vancouver Kingsway, BC
Is it correct that not one of those three reforms identified since 2017 to lower the price of prescription medications in Canada is in force today in Canada in 2023?
Executive Director, Patented Medicine Prices Review Board
From a technical, legal standpoint, they're in force, but they're not being applied by the PMPRB in its day-to-day work. The board will be down to two members as of June of this year. I think the government's hopeful that it will have a newly constituted board, but it will be a while before these regulations are being actively applied by the PMPRB.
NDP
Don Davies NDP Vancouver Kingsway, BC
I'm just trying to find out.... Do the guidelines have to be passed before those regulations can be applied by the PMPRB?
Executive Director, Patented Medicine Prices Review Board
Outside of a hearing context, yes, absolutely.
NDP
Don Davies NDP Vancouver Kingsway, BC
Thanks.
I'm trying to find out.... We had so many contradictions last week that I can't keep this straight.
The minister wrote to the board on November 28, 2022, and asked the board to suspend consultations. He said publicly it was because he had not been consulted. Is that correct?
Executive Director, Patented Medicine Prices Review Board
That's my understanding.
NDP
Don Davies NDP Vancouver Kingsway, BC
Subsection 96(5) of the Patent Act reads, “Before the Board issues any guidelines, it shall consult with the Minister”. Is that correct?
NDP
Don Davies NDP Vancouver Kingsway, BC
Mr. Clark, to your knowledge, how many times did the PMPRB reach out to the minister's office in order to brief him or consult with him about the guidelines?
Executive Director, Patented Medicine Prices Review Board
To back up for a second, typically we brief at the officials level, and we had seven of those briefings. However, we have also in the past always had at least one briefing with the minister.
The record will reflect that we made five attempts to reach out to the minister's office to obtain a briefing with the minister.
NDP
Executive Director, Patented Medicine Prices Review Board
It was Jamie Kippen.
NDP
Don Davies NDP Vancouver Kingsway, BC
Thank you.
The minister wants to be consulted. He said the guidelines can't go forward until he's consulted. However, you're reaching out to consult with him, and you're met with silence.
Do I understand that correctly?
NDP
Don Davies NDP Vancouver Kingsway, BC
Now, for her part, Madam Bourassa Forcier told this committee that she felt it was inappropriate to reach out to the minister for a meeting. Did you hear that testimony?
Executive Director, Patented Medicine Prices Review Board
If I did, then I don't recall that part of it. I would have understood the—