On March 7, 2024, Health Canada published a Memorandum of Understanding (MOU) with the Competition Bureau (together, Participants) to advance their mutual interests and develop a framework of cooperation to assist in implementing their respective mandates as they relate to health products.
Information sharing: Provided they are relevant to each Participants' mandates and jurisdictions, and do not conflict with confidentiality obligations or applicable legislation, Participants commit to:
"1. Share information on complaints or inquiries, within the Participants' respective mandates, related to false, misleading or deceptive health claims;
2. Notify each other with respect to matters of mutual interest and exchange timing and other procedural information related to these matters;
3. Share and respond to requests for information related to the administration and enforcement of each Participant's legislation, strategic priorities, marketplace trends, policy and matters that may be of mutual interest;
4. Participate in knowledge transfer sessions to increase expertise in areas of mutual interest related to the laws the Participants administer and/or enforce, including, where appropriate, information obtained from international bodies related to the mandates of the Participants;
5. Coordinate communications (e.g., news releases and consumer alerts), where appropriate; and
6. Meet at least semi-annually to discuss the items enumerated above and to explore further opportunities for cooperation and coordination."
Participants will only share information provided confidentiality is maintained. They will limit access to information and consult on how to protect interests of any third parties whose information could be disclosed. Participants will not exchange or use information if doing so would contravene any relevant legislation. They may use information provided by the other Participant for a purpose different from that for which the information was initially obtained, provided the different purpose is authorized by law.
Should you have any questions, please do not hesitate to contact a member of the Life Sciences Regulatory & Compliance Group.
The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.