Canada: Final Amendments To The PMPRB Regulations Announced

Today, the federal government announced the final draft of the Regulations Amending the Patented Medicines Regulations (Additional Factors and Information Reporting Requirements) (the Regulations). The Patented Medicines Regulations1provide companies with patented medicines, the amended Patented Medicines Prices Review Board (the Board or the PMPRB) reporting requirements. These amendments have been anticipated since the consultation period on the draft published in the Canada Gazette, Part I ended in February 2018. The Regulations are expected to publish in the Canada Gazette, Part II (the CGII) on August 21, 2019.

For all medicines, the basket of comparator countries has been amended.2 The United States and Switzerland have been removed, while Australia, Belgium, Japan, Netherlands, Norway, and Spain have been added. France, Germany, Italy, Sweden, and the United Kingdom remain in the basket. Notably, the price used for comparison from these countries is still the ex-factory price.

In addition, for all medicines, the calculations of "average price" and "net revenue" that require reporting have changed.3 For both calculations, the patentee will be required to report the actual price or revenue obtained, taking into account any adjustments, reimbursements, or reductions including as a result of free goods, free services, gifts or other benefits of a like nature. According to the regulatory impact analysis statement (RIAS), this information will be considered privileged under s. 87 of the Patent Act.  

Reporting requirements will be reduced for patented veterinary medicines, generic medicines, and over the counter (OTC) medicines (with the exception of drugs found in Schedule D to the Food and Drugs Act). Patentees will only be required to report price, sales, identity information and information on the new regulatory factors when requested by the Board. This has expanded the reduced requirements for OTC medicines to include controlled substances and radiopharmaceuticals, however, biologics listed on Schedule D will still be required to report. 

For medicines assigned their drug identification number (DIN) on or after the day these Regulations are published in the CGII, the following additional requirements will apply and be considered as other factors in determining whether the medicine is sold at an excessive price.4

a) The medicine's pharmacoeconomic value in Canada5

If a cost-utility analysis prepared by a publically funded Canadian organization shows that the cost of the medicine, when pro-rated for use over a 12-month period, is greater than or equal to 50 per cent of the GDP per capita in Canada at the time the analysis is published, patentees will be required to provide that analysis to the Board. This requirement applies to an analysis in which the outcomes are expressed as the cost per quality-adjusted life year for each indication that is the subject of the analysis. Furthermore, if any information is redacted from the public version of the analysis, the patentee is required to provide that redacted information to the Board. This information will be due 30 days after the day the medicine is first offered for sale in Canada, or 30 days after it is first published, if publication is after the date of first sale.

b) The size of the market for the medicine in Canada6

The patentee will be required to provide to the Board the estimated maximum use of the medicine in Canada as measured by the total quantity of the medicine expected to be sold in final dosage form and the period of time used for this estimate. This will be required within 30 days of the date the medicine is first offered for sale in Canada. Updates to this estimate will be required within 30 days of any Notice of Compliance (NOC) approving a new or modified therapeutic use of the medicine.

c) The GDP in Canada and the GDP per capita in Canada

No additional criteria are set out explaining this factor. The patentee will not need to report on this information, as it can be obtained from Statistics Canada.

The PMPRB will have to amend its guidelines in order to reflect these amendments. It was announced at a media briefing on August 9, 2019, that draft guidelines are expected to be published early in the fall with the goal of a final product in February 2020 — although these are not firm deadlines. If this is the case, it will give companies time to review the guidelines and prepare for compliance as of the coming into force of the Regulations.

The Regulations will come into force on July 1, 2020.


1 SOR/94-688 as amended.

2 Amended Schedule to section 4(1)(f)(iii).

3 Amended sections 4(4)(a) and (b).

4 New section 4.4

5 New section 4.1

6 New section 4.2

About BLG

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

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions