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.

On the agenda

MPs speaking

Also speaking

Matthew Herder  Director, Health Law Institute, Dalhousie University, As an Individual
Douglas Clark  Executive Director, Patented Medicine Prices Review Board

11:35 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

There was the change of comparator countries—

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

11:35 a.m.

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.

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

That's correct.

11:35 a.m.

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?

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

Just the change to the schedule of countries.

11:35 a.m.

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?

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

That's correct.

11:35 a.m.

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?

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

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.

11:35 a.m.

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?

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

Outside of a hearing context, yes, absolutely.

11:35 a.m.

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?

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

That's my understanding.

11:35 a.m.

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?

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

It is correct.

11:35 a.m.

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?

May 2nd, 2023 / 11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

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.

11:35 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Who is the chief of staff you sent the request to?

11:35 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

It was Jamie Kippen.

11:35 a.m.

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?

11:40 a.m.

Executive Director, Patented Medicine Prices Review Board

11:40 a.m.

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?

11:40 a.m.

Executive Director, Patented Medicine Prices Review Board

Douglas Clark

If I did, then I don't recall that part of it. I would have understood the—

11:40 a.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Herder, do you remember that testimony?