Mr. Speaker, I would like to thank the member for St. Paul's for her speech. I understand that the purpose of the bill she introduced today is to make it possible to prohibit the export or sale of prescription drugs and medications set out in a schedule to the Food and Drugs Regulations. There are currently no drugs listed in the schedule.
The bill has two specific goals. The first is to establish the principle that exporting any drug listed in the schedule should be prohibited if such activity could compromise the supply of that drug in Canada. The bill's second goal is to make it illegal to export prescription drugs. Bill C-378 is a kind of insurance policy against bulk exportation of prescription drugs in case of shortages in Canada.
To better understand the issue, we need to look at the pricing mechanisms for prescription drugs. In the United States, the power to set prices for prescription drugs is in the hands of pharmaceutical corporations. They can price their products as they see fit. Under pressure from American lobbyists, the Bush administration allows the pharmaceutical industry complete freedom to set its prices.
In Canada, except in Quebec, the Patented Medicine Prices Review Board, the PMPRB, which was established in 1987 in accordance with the Patent Act, sets maximum prices for medicines. The PMPRB is responsible for protecting the interests of Canadian consumers by ensuring that prices charged by manufacturers for patented medicines are not excessive.
Quebec has its own drug review process, the Conseil du médicament. The drug policy includes measures to ensure that Quebec is paying fair and reasonable prices for drugs.
It would be interesting to find out why the price difference is so big that Americans want to buy their medicines in Canada. Because prices in Canada are fixed by independent agencies, prices for identical products are often 30% to 60% lower here than in the United States.
It was pointed out earlier that the price of prescription drugs exported to and paid for by Americans fluctuates according to the value of the Canadian dollar. As the Canadian dollar rises, Canadian drugs become less profitable and attractive to Americans. Today the Canadian dollar was trading at $1.07 U.S., or 7% higher than its U.S. counterpart.
So how can we ensure the security of supply for Canada? Cross-border sales of pharmaceuticals to the United States have become an important source of trade for Canada. Since the Americans can take advantage of lower prices here than at home, they try to stock up in Canada. The potential is considerable, given that 37 million people aged 55 and older want to buy their pharmaceuticals here.
According to the Ordre des pharmaciens du Québec, the on-line pharmaceutical market has reached over $1 billion a year in Canada. Although all Canadian pharmacies must obey Canadian laws, the legislation is not airtight everywhere. While on one hand, the federal government has the authority to legislate exports, on the other hand, the provinces and territories are responsible for regulating medical and pharmaceutical practices through, in Quebec, the Collège des médecins and the Ordre des pharmaciens.
Thus, trade is particularly lucrative in Manitoba, where the laws surrounding the sale of pharmaceuticals are more flexible. According to estimates by a company called Secor, in 2003, nearly 20% of pharmacists in that province worked mainly to sell to Americans. That was the infamous peak year that was mentioned earlier. Also according to the same source, the majority of pharmacists in Canada who sell to the United States happen to be in Manitoba.
The Canadian Pharmacists Association warned of the following:
Canada needs to protect itself from having our drug supply drained, which will occur if the US passes this legislation. The cross border drug trade does not appear to be on the agenda of the current [Conservative] government. We believe that acting only after US bills are passed and Canadians are experiencing drug shortages is not an adequate response on the part of the Canadian government. The government will have to act sooner or later – and sooner is preferred. An important first step would be to pass Bill 378.
In Canada, neither international trade obligations nor domestic law prohibit such exports. However, Quebec and the provinces must follow rules with respect to these export transactions. Someone can speak about Ontario, but I will limit myself to the situation in Quebec.
As in so many other areas, Quebec is way ahead in terms of monitoring sales of prescription drugs and has taken steps to prevent the online sale of prescription drugs to Americans.
Under the Pharmacy Act, a pharmacist can sell drugs only to patients who have prescriptions written by a person authorized under Quebec legislation or the legislation of a Canadian province that authorizes that person to prescribe that drug if that person practises in Quebec.
The Quebec Code of ethics of physicians stipulates that in order to write a prescription for a patient, a doctor must evaluate the patient, establish a diagnosis, formulate a treatment plan, provide information to the patient and obtain consent. Some Quebec doctors have already been struck from the Collège des médecins du Québec for illegally selling drugs on the Internet to Americans they never met. I have with me a newspaper article that mentions the name of four such doctors who were fined between $5,000 and $25,000, in addition to being banned from practising for six months for signing prescriptions for U.S. patients without meeting them. I was quite surprised to see the name of a doctor from my riding on that list of four doctors. They operated on the Internet at myprescription.com, which means that Internet pharmacies are right next door.
Physicians practising in Quebec are not allowed to countersign a prescription from another physician without complying with the requirements that apply to the prescription. A Quebec physician who countersigns a prescription from an American physician therefore risks being sued, not only in Quebec, but also in the United States.
In terms of online business, Quebec already has the necessary tools to protect pharmacies' supply and ensure that patients receive the appropriate medication for their condition and information on how to use it properly.
In conclusion, the Bloc Québécois supports Bill C-378 in principle. The bill answers concerns about the possible reduction in inventories of drugs meant for Canadians. Although there is no shortage at present, we need to look at preventive measures before such a situation occurs. By setting strict criteria to regulate bulk drug exports, Bill C-378 would prevent an unfortunate situation from arising.
The bill should reassure the pharmaceutical industry and prevent it from raising drug prices, as American companies were tempted to do in retaliation.
The bill does not place a total ban on drug exports. It provides for a mechanism based on known criteria that can be produced in evidence.