Mr. Chair, I am pleased to have the opportunity to speak tonight on this issue. It is an issue that is important to me. When I came to this place last year, I sought out the health committee. It was the committee I really wanted to be on. I am proud that the Parliamentary Secretary to the Minister of Health is a Nova Scotian. It did not necessarily help me get on the health committee, but I fought to do so and am pleased to be on it for specific issues.
The official opposition critic on health will know my passion for the issue of a national wellness program, for example, and there are other issues that are important to me as well, such as caregiving and seniors. The issue we are discussing tonight is an issue that has a big impact on seniors, among other Canadians. It is a pleasure to have a chance to speak late this evening on this important piece of pending legislation.
On June 29 my colleague, the Minister of Health, on behalf of the government, announced the three prong strategy on cross-border drug sales that included proposed legislative and regulatory changes to safeguard the safety and the supply of Canadian drugs. I would like to speak briefly about those proposed changes to emphasize how they respond to concerns about this industry. They respond to the concerns of ordinary Canadians, Canadians from Dartmouth—Cole Harbour and across this country.
The security of our drug supply must be maintained. I think that when Canadians give it thought, they are concerned about the availability of drugs, particularly at times like this when there are concerns raised in the media and other places about specific health concerns like pandemics.
The measures that we are talking about are simply: a drug supply network, legislation under the Food and Drugs Act to restrict the bulk export of prescription drugs, and strengthening the food and drugs regulations to require that drugs be sold based on a prescription issued within an established patient-practitioner relationship.
The first measure to establish a drug supply network to be housed in Health Canada is essential for the federal government in order to have more comprehensive data to identify when or if a prescription drug supply shortage actually exists in this country. Such a shortage could be caused by exports to the United States or many other causes, such as manufacturing problems.
The growing importance of drugs in modern health care and the threat to Canada's drug supply through the potential legalization in the United States of bulk imports makes it necessary for the Government of Canada to have the capacity to introduce appropriate controls. It is essential that we know when shortages of essential health products such as drugs occur, so we can respond in an appropriate manner. Indeed, the health of our economy could be at risk at a time when the world is bracing for an overdue influenza pandemic. We must have all the necessary tools at our disposal in order to respond.
The second measure is export controls. They would only be implemented in response to a shortage or the risk of a shortage of a drug or a class of drugs essential to the health of Canadians that would only be maintained for a specified period or as the risk persists. We will respect our international trade obligations and investors can be assured that any actions under these measures will be reasonable.
The third initiative to strengthen the existing provisions under the food and drugs regulations is required, so that prescription drugs are sold pursuant to a prescription that has been issued within an established patient-practitioner relationship. The necessity for this measure has become clear as technological innovations such as the Internet, electronic prescribing, and telemedicine create new ways of linking patients with health care practitioners. These are important innovations for the health care system, but they also provide certain challenges and this is one of those.
Authorities responsible for regulating the practice of medicine will work to ensure ethical practices that are based on that established patient-practitioner relationship. I think most Canadians believe that this type of practical procedure makes sense. The patient-practitioner relationship is, after all, paramount to most Canadians in their experience.
I would like to take a closer look at the economics of the cross-border drug business with regard to the rise of Internet pharmacies. I acknowledge the inventiveness and the entrepreneurial spirit of our Internet pharmacies. However, we cannot forget that their business is based on an ancient and fundamental business practice known as arbitrage, which, in essence, is the old adage of buy low and sell high.
It is a fundamental tenet of our health policies that drug prices in Canada be affordable. This is increasingly important as pharmaceuticals replace many older forms of medical treatment.
Not so long ago, for example, ulcers were routinely treated with special diets, antacids and in the end, surgery. Then some scientists in Australia made the remarkable and unexpected discovery that ulceration of the stomach or duodenum was the result of an infection of the stomach caused by the bacterium H. pylori. The importance of this discovery is reflected by the receipt of this year's Nobel Laureates in physiology and medicine. Now we routinely treat such infections with antibiotics and avoid significant costs and intervention with patients and doctors and hospitals.
Many within the industry have attributed Canada's low drug prices to the Patented Medicine Price Review Board, the PMPRB, that regulates patented pharmaceutical prices. Most other developed countries in the world also regulate prices with a similar mechanism with the notable exception of the United States.
The PMPRB establishes the maximum price that can be charged by manufacturers for patented medicines sold in Canada to ensure that they are not excessive.Annually, it ensures that prices do not rise faster than the rate of inflation. Now on occasion manufacturers tend to set their prices internationally at a level that reflects the ability of the marketplace to pay. That is the relative purchasing power in different countries. In Canada's case these prices are often below the PMPRB maximum for marketing purposes.
Despite the sudden growth of cross-border drug sales since December of 2003, sales stabilized at about $1 billion Canadian retail per year, and Internet drug sales have declined from $617 million to $506 million over the past year. Currently, cross-border drug sales represent more than 8% of prescription drug sales in Canada, but less than 0.5% of the $300 billion U.S. market. Average savings to American consumers have fallen from 44% in December 2003 to less than 30% nationally. This is due in part to a strong Canadian dollar and to pharmaceutical manufacturers' restrictions on the supply of drugs to Internet pharmacies.
The recent decline also is due to the fact that Canadian Internet pharmacies are increasingly meeting U.S. demand indirectly through non-North American suppliers in places such as the U.K., India, and China where drug prices are often even lower than they are here. The top three Canadian Internet pharmacies source 50% of their product from Europe. These products do not flow through Canada and do not require approval by Health Canada. We should remember that these Canadian Internet pharmacies are businesses, not philanthropies, that are responding to market demand in the United States. If they do not, other foreign Internet pharmacies will fill that demand.
Another major constraint on the growth of these exports to the U.S. has been the refusal of pharmaceutical manufacturers in Canada to sell to those pharmacies which they have reasonable grounds to believe are exporting to the United States. A March 2003 ruling by the Competition Bureau in Canada determined that since cross-border sales violated U.S. laws against importing prescription pharmaceuticals, manufacturers had a reasonable business justification from restricting the export of Canadian products to sales contracts with pharmacies and wholesalers, so long as they continued to supply our market.
Ten manufacturers have limited the supply of their products to Canadian Internet pharmacies. While these manufacturers supply controls have caused concern for some that Canadians in general might face potential drug shortages, there is no evidence for this concern. Manufacturers have clearly indicated their intention to stop supplying export pharmacies but continue to ensure adequate supply for Canadians.
As well, pharmaceutical manufacturers' inventory levels in Canada continue to be at an all time high, double the level of three years ago, providing further comfort that the drug supply is okay. However, we do not want to rely solely on the current provisions to protect our access to affordable drugs.
In the U.S. 27 states and 19 municipalities are considering drug importation at various levels. Currently, there are bills before the U.S. Congress to legalize the importation of drugs for both personal and bulk rate. Given the relative size of our two markets, I think the health minister has noted that Canada cannot be a drugstore for the Americans. This has resonated strongly in Washington and in the U.S. media.
The government strategy to address the issue of cross-border drug sales has those three clear initiatives: first, a drug supply network; second, legislation to restrict bulk export of prescriptions; and finally, strengthening Canada's food and drug regulations to ensure that drugs are sold based on a prescription within that established patient-practitioner relationship. All of these are undertakings to safeguard the safety and supply of Canadian drugs.
We must continue to be sensitive to the economic dimension as we go forward, but we will move as a government to protect the drug supply of Canadians and we will ensure that our citizens have no reason for concern.