Rules Amending the Patented Medicine Prices Review Board Rules of Practice and Procedure: SOR/2021-117

Canada Gazette, Part II, Volume 155, Number 12

Registration
SOR/2021-117 June 1, 2021

PATENT ACT

P.C. 2021-467 June 1, 2021

The Patented Medicine Prices Review Board, pursuant to subsection 96(2) footnote a of the Patent Act footnote b, makes the annexed Rules Amending the Patented Medicine Prices Review Board Rules of Practice and Procedure.

Ottawa, April 22, 2021

Mitchell Levine
The Chairperson of the Patented Medicine Prices Review Board

His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Health, pursuant to subsection 96(2)footnote a of the Patent Act footnote b, approves the making of the annexed Rules Amending the Patented Medicine Prices Review Board Rules of Practice and Procedure by the Patented Medicine Prices Review Board.

Rules Amending the Patented Medicine Prices Review Board Rules of Practice and Procedure

Amendments

1 The definition respondent in Rule 1 of the Patented Medicine Prices Review Board Rules of Practice and Procedure footnote 1 is replaced by the following:

respondent
means a rights holder, or a former rights holder, against whom an order of the Board is proposed to be made under the Act. (intimé)

2 Paragraph 6(1)(b) of the Rules is replaced by the following:

3 Paragraph 14(2)(b) of the Rules is replaced by the following:

4 Paragraphs 15(3)(a) and (b) of the Rules are replaced by the following:

Coming into Force

5 These Rules come into force on the day on which section 46 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, chapter 6 of the Statutes of Canada, 2017, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

As a result of amendments to the Patent Act made by the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act, similar technical amendments must be made to the Patented Medicine Prices Review Board Rules of Practice and Procedure in order to ensure that their wording is consistent with that of their enabling legislation (the Patent Act).

Objective

The amendments have the following objectives:

Description and rationale

Change 1: “patented medicine” is to be changed to “patented or protected medicine.”

Change 2: “patentee” is to be changed to “rights holder.”

One-for-one rule and small business lens

The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.

The small business lens does not apply to these amendments, as there are no costs to small businesses.

Contact

Isabel Jaen Raasch
General Counsel
Legal Services
Patented Medicine Prices Review Board
Telephone: 613‑288‑9619
Email: isabel.jaenraasch@pmprb-cepmb.gc.ca