Mr. Chair, it is a pleasure to be able to come closer to you. This takes me back to the days when the Bloc Québécois was the official opposition. Of course, there is nothing to prevent optimistic thoughts about future seating arrangements, but that is not what we have to talk about tonight.
The Bloc Québécois has asked for this very important debate. All colleagues in this House recognize the intensity of our trade relations with the U.S. but precious few of us would be prepared to support drug exports. Motions have been made by a number of members, among them the likeable member for Glengarry—Prescott—Russell, one of the deans in this place. It seems to me that he may even have shaken hands with Wilfrid Laurier, his roots go back so far in the House of Commons.
The motions by the various members cause us to reflect upon the leeway we have here. In fact it is hard to propose solutions on something like this. Formally, given the treaties Canada has signed—trade treaties in particular—it is not clear whether it could enact legislation completely banning exports.
We know that there are provisions in these trade agreements that allow us to restrict exports if there is an anticipated crisis or danger of shortage. Might a permanent arrangement that would prevent drug exports not end up in a dispute with the United States? That is something to consider.
One fact remains, however. The number of Canadian Internet pharmacies has tripled since 2003. Today there are more than 150 of them, and half of those are in Manitoba. Of course, I understand the Conservative health critic's interest in this, since he is a Manitoba MP. I know this is a very important industry, with more than 1,000 jobs connected to it.
What is the explanation for the American attraction to our drug availability program? The first factor of course is that in Canada there is relative control over the sale of drugs. I say relative because people must not think that the control is over retail sales.
The patented medicine prices review board was created by the Conservatives under Brian Mulroney. I do not wish to bring back bad memories for the member for Glengarry—Prescott—Russell. However, the fact remains that the Conservatives created this organization at a time when patent duration was the subject of much debate and when Canada was not very competitive in terms of patent protection for industry. We moved from 10 to 17 years, and then from 17 to 20 years. As a result, we created a quasi-judicial body called the patented medicine prices review board, which controls the price at the factory gate.
So there is an action remedy system. Prices are limited to the median. For a drug available elsewhere, its retail price in seven countries is compared. If the price is determined to be excessively high, the patented medicine prices review board may take steps to force the industry to refund a portion of the retail price to consumers. That said, at present, drug prices are 35% lower than they are in the United States.
In passing, I want to say that, in recent years, the Bloc Québécois has been concerned that generic drugs were not controlled. We know that the patented medicine prices review board has no jurisdiction over them, although Canada has expanded its jurisdiction with regard to patents, but not necessarily with regard to generic drugs. The provinces decide which drugs will be on a formulary, and therefore eligible for a refund.
I also want to say that as a Quebecker and someone sensitive to the importance of research—I am very sensitive, and the member for Glengarry—Prescott—Russell is well aware that I have been known to cry in certain circumstances—I have often raised this question in caucus and added it to the agenda.
I have often included this issue on our meeting agendas. We have to recognize that the branded pharmaceutical firms, those doing research, are also behaving inappropriately. What they do has been called evergreening. In fact, a patent was to last 20 years. From the date of the application to the appearance of the generic drug on the market no more than 20 years could elapse. The branded companies filed secondary patents, thereby establishing an automatic 24 month injunction and starting the cycle over, regardless of the content.
As soon as an allegation of copyright infringement is made, under the Canadian system, which is quite similar to the American one, evergreening begins. It does not appear to me to be done for the benefit of consumers. In my battles, I have always had the support of our party's critic for industry, the member for Kamouraska—Rivière-du-Loup—Témiscouata—Les Basques. He is a member of the party's left and supports consumers' interests.
We also try to understand why Americans are interested in Canadian drugs. Our pricing system is quite controlled. Furthermore, 70 million Americans have no insurance. So when they face calamities and health problems, they have to pay full price for drugs. In some cases in the states, when you become ill without health insurance it can literally bankrupt you. This never or rarely happens in Canada.
From a technical standpoint, the whole issue of the export of drugs needs to be considered. It is not clear what level of government is responsible. What we do know is that no law in Canada currently prohibits the export of drugs. Provincial laws contain prohibitions.
I am more familiar with the situation in Quebec, where pharmacy legislation promotes the patient-doctor relationship. It is not possible for a practitioner in Quebec to fill a prescription for a U.S. citizen without facing a system of penalities going as far as being expelled from the college of physicians. Why? Because under the Pharmacy Act of Quebec a doctor must see the patient in person, must give a diagnosis and must develop a treatment plan. Unlike a doctor from Manitoba, a doctor from Quebec who fills a prescription issued in the U.S., could be found guilty and be expelled from the college of physicians.
That is why there are so few Internet pharmacies in Quebec. I am not saying there are none. The hon. member for Glengarry—Prescott—Russell is nodding his head. He probably read the same papers I did.
In closing, I think it is important for us to debate these issues. I know that the Standing Committee on Health will be conducting a study. The Bloc Québécois for the most part agrees with the idea of prohibiting the export of drugs.
Obviously the jurisdictions will have to be respected. As I was saying, Quebec already has rather hefty provisions to protect ourselves from this phenomenon. We know this is a debate that has well and truly been launched. Several million dollars are at stake, besides which if Canada were to supply the U.S. on a very large scale, it would have a shortage of drugs. Judging by the production infrastructure of companies, both generic and branded, it is not at all certain that we will be able to respond to this demand that is predicted to be 10 times greater than our own.
I am anxious to work on this issue in the Standing Committee on Health.