March 21, 2022

Two amendments to the framework of the PMPRB found unconstitutional by the Québec Court of Appeal

On February 18, 2022, the Québec Court of Appeal held that two elements of the 2019 Amendments to the framework of the Patented Medicines Prices Review Board (PMPRB) were constitutionally invalid, falling outside the scope of federal jurisdiction over patents. By a unanimous decision, they found that the new economic factors and the requirement to take rebates into account were unconstitutional.

In an interview with the Hill Times Research, partner Eileen McMahon confirms that the Québec Court of Appeal decision is now law.

“It is law in the province of Québec and it is a constitutional ruling. And as a result, we can say that the basket of countries… is within [the PMPRB’s] jurisdiction and that’s it,” she said.

Read: A sense of déjà vu: The Québec Court of Appeal rules on constitutionality of PMPRB

When asked whether the Québec appeal decision could impact the case before the Federal Court of Appeal, Eileen noted that the issues being studied by the two courts are different, but she expects that the Québec appeal will be addressed by the parties.

The PMPRB regulations will come into force in July 2022.

You can read the full article by the Hill Times Research here.

Learn more about our Food and Drug work on our practice page.

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