If I understand this technical summary, it says, for the patent term restoration:
The period of protection will be calculated using reference points including the filing of the application for the patent and the first authorization to place the product on the Canadian market.
Then, of course, we've capped the amount of time that will be added to the brand name patent holder at two years.
My reading is that this will virtually always add two years because of the way the patent system works. In other words, the brand name patent holder will apply for a patent as soon as possible to protect their interests and then apply for regulatory approval to Health Canada some time later. That period of time between those two things will almost always exceed two years.
Am I correct in that assumption?