ARTICLE
2 October 2026

Consultation On Proposed Interim Approach To Reduce Review Timeline To 180 Days For Certain Pediatric Drugs

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Smart & Biggar

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Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
On September 14, 2026, Health Canada launched a consultation seeking public feedback on a proposed “new interim approach to speed up the review of certain pediatric drugs”, including on the proposed eligibility criteria and review timelines.
Canada Intellectual Property

On September 14, 2026, Health Canada launched a consultation seeking public feedback on a proposed “new interim approach to speed up the review of certain pediatric drugs”, including on the proposed eligibility criteria and review timelines.

The interim approach proposes to accelerate the review process for pediatric drug submissions, reducing the review timeline to within 180 days, aligning with the review timeline for submissions granted priority review status. In contrast, for example, Health Canada’s review timeline for new drug submissions (NDSs) for new active substances is 300 days.

The following pediatric drug submissions are eligible for review:

  • NDSs and supplements to NDSs for drugs falling within the pediatric-focused classes on the Incorporated by Reference List (IbR List) seeking deeming under the general deeming option of the Reliance Order; and
  • other submissions that address areas of unmet pediatric needs in Canada identified on the National Priority List of Pediatric Drugs.

In order to determine which submissions fall within the pediatric-focused classes, Health Canada has provided guidance on the interpretation of the IbR List for pediatric-focused drug classes.

The consultation closes on October 23, 2026.

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.

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