Bill 28 – An Act mainly to implement certain
provisions of the Budget Speech of 4 June 2014 and return to a
balanced budget in 2015-2016 was tabled by Carlos
Leitão, Quebec's Minister of Finance, on November 26,
2014. This Bill, which would amend various laws, intends to give
effect to certain measures proposed in the 2014 budget.
Listing agreements with drug manufacturers
Bill 28 would allow the Minister of Health and Social Services
to enter into "drug listing agreements" directly with
Under such listing agreements manufacturers would pay rebates or
discounts to the government, which could vary according to the
sales volumes of the drugs listed.
The agreements could be entered into before the drugs are listed
on the "List of medications covered by the basic drug
insurance plan". They could also be entered into before drugs
are listed on the "List of medications provided in
institutions", provided the contracts for the supply of such
drugs are not subject to a public call for tenders.1
Bill 28 also provides that the listing agreements would remain
confidential notwithstanding the right of access to documents held
by public bodies contemplated by s 9 of the Actrespecting access to documents held by public bodies and the
protection of personal information.2 However, some
of the information in these agreements, for example, the
manufacturer's name, the drug name and the total annual amount
received by the government under the listing agreement would have
to be published in the Department of Health and Social
Services' annual financial report and would thus become public
knowledge. The total annual amount received under these agreements
would not be disclosed unless three or more listing agreements are
entered into with different drug manufacturers in a given fiscal
The Pan-Canadian Pharmaceutical Alliance
A legislative amendment would allow Quebec to participate in the
collective negotiations of the pan Canadian Pharmaceutical Alliance
(pCPA), whose goal is to conduct common
negotiations between the provinces and territories and the
manufacturers of brand-name drugs.
By joining the pCPA's common negotiation platform, Quebec
may eventually, like the other provinces and
territories,3 be able to increase its purchasing power,
reduce drug costs, ensure uniform pricing and coverage criteria and
increase access to pharmacological treatment options.
The Premier of Quebec said that the aim of this new measure is
to ensure the economic viability of the public drug insurance plan
and to increase the public's access to drugs, as well as
producing savings of about $25 million for Quebec.
Special consultations on Bill 28 will be held in early 2015.
Individuals or associations that are affected by Bill 28 will be
invited to submit briefs and to testify before the Public Finance
Committee. Dates of committee sessions have not been announced
Pharmaceutical companies will definitely want to track Bill
28's progress closely, as it will certainly affect their
approach to negotiations with the Government of Quebec.
1. Act respecting contracting by public bodies,
CQLR c. C-65.1.
2. CQLR c. A-2.1.
3. Yukon is not a member of the pCPA.
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright is a global legal practice. We provide
the world's pre-eminent corporations and financial institutions
with a full business law service. We have more than 3800 lawyers
based in over 50 cities across Europe, the United States, Canada,
Latin America, Asia, Australia, Africa, the Middle East and Central
Recognized for our industry focus, we are strong across all
the key industry sectors: financial institutions; energy;
infrastructure, mining and commodities; transport; technology and
innovation; and life sciences and healthcare.
Wherever we are, we operate in accordance with our global
business principles of quality, unity and integrity. We aim to
provide the highest possible standard of legal service in each of
our offices and to maintain that level of quality at every point of
Norton Rose Fulbright LLP, Norton Rose Fulbright Australia,
Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South
Africa (incorporated as Deneys Reitz Inc) and Fulbright &
Jaworski LLP, each of which is a separate legal entity, are members
('the Norton Rose Fulbright members') of Norton Rose
Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein
helps coordinate the activities of the Norton Rose Fulbright
members but does not itself provide legal services to
The content of this article is intended to provide a
general guide to the subject matter. Specialist advice should be
sought about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Effective September 1, 2016, the Disposition of Surplus Real Property Regulation to the Ontario Education Act was amended with the intention to reduce barriers to the formation of health and community hubs in Ontario.
This appeal relates to two generic drug submissions for two different products: exemestane and infliximab. Both submissions cross-referenced the submission of another generic company that had received a Notice of Compliance.
Two recent decisions from the Supreme Court of Canada directly affect Quebec's farm businesses by confirming La Financière Agricole du Québec's discretion in the administration of the farm income stabilization program...
On October 6, 2016, the Ontario Legislature reintroduced the Patients First Act, 2016 as Bill 41. Bill 41 is very similar to its predecessor, Bill 210, which was introduced in June 2016, but makes some important changes to the previous bill.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).