Quarterly Financial Report for the Quarter Ended December 31, 2016

Management Statement for the Quarter Ended December 31, 2016

1. Introduction

This quarterly report has been prepared by management as required by section 65.1 of the Financial Administration Act and in the form and manner prescribed by the Treasury Board Accounting Standard (TBAS) 1.3. This quarterly report should be read in conjunction with the Main Estimates and Supplementary Estimates.

1.1 Authority, Mandate and Program Activities

The Patented Medicine Prices Review Board (PMPRB) is an independent, quasi-judicial body created by Parliament as a result of amendments to the Patent Act (Act) in 1987 (Bill C-22) and its remedial powers were supplemented by further amendments in 1993 (Bill C-91). The amendments were intended to balance the stronger patent protection for pharmaceutical patentees, with the need to protect consumers from possible excessive patented drug prices.

The PMPRB is composed of Board Staff, who are public servants responsible for carrying out the organization’s day to day work, and Board members, Governor-in-Council appointees who serve as hearing panel members in the event of a dispute between Board Staff and a patentee over the price of a patented medicine.

If Staff determines that the price of a patented medicine appears to be excessive the patentee may agree to a Voluntary Compliance Undertaking (VCU) to resolve the matter. If a consensual resolution of the issue cannot be reached with the patentee, the Chairperson¹ may hold a hearing on the matter if he/she is of the view that it is in the public interest.

At a hearing, a panel composed of Board Members acts as a neutral arbiter between Board Staff and the patentee. The Chairperson decides the composition of a panel. Provincial and territorial ministers of health have a statutory right to appear before the panel as parties, and other interested parties or groups may seek leave to participate as interveners.

In the event that a panel finds, after a public hearing, that the price of a patented medicine is or was in fact excessive, it can order a reduction of the price to a non-excessive level. It can also order a patentee to make a monetary payment to the Government of Canada in the amount of the excess revenue earned and, in cases where the panel determines there has been a policy of excessive pricing, it can double the amount of the monetary payment.

The PMPRB has a dual role:

Regulatory: To ensure that prices charged by patentees for patented medicines sold in Canada are not excessive.

Further details on the PMPRB’s authority, mandate and program activities may be found in the Report on Plans and Priorities and the Main Estimates.

1.2 Basis of Presentation

This quarterly report has been prepared by management using an expenditure basis of accounting. The accompanying Statement of Authorities includes the PMPRB’s spending authorities granted by Parliament and those used by the organization, consistent with the Main Estimates and Supplementary Estimates for the 2016-17 fiscal year. This quarterly report has been prepared using a special purpose financial reporting framework designed to meet financial information needs with respect to the use of spending authorities.

The authority of Parliament is required before moneys can be spent by the Government. Approvals are given in the form of annually approved limits through appropriation acts or through legislation in the form of statutory spending authority for specific purposes.

When Parliament is dissolved for the purposes of a general election, section 30 of the Financial Administration Act authorizes the Governor General, under certain conditions, to issue a special warrant authorizing the Government to withdraw funds from the Consolidated Revenue Fund (CRF). A special warrant is deemed to be an appropriation for the fiscal year in which it is issued.

As part of the departmental performance reporting process, the PMPRB prepares its annual departmental financial statements on a full accrual basis in accordance with Treasury Board accounting policies, which are based on Canadian Generally Accepted Accounting Principles for the public sector. However, the spending authorities voted by Parliament remain on an expenditure basis.

The quarterly report has not been subject to an external audit or review.

2. Highlights of Fiscal Quarter and Fiscal Year to Date (YTD) Results

This quarterly financial report reflects the results of the current fiscal period in relation to the Main Estimates. The PMPRB’s spending for Q3 of 2016-17 has decreased by $27 thousand (1%) over spending for the same quarter in 2015-16 and YTD spending has increased by $454 thousand (8%), from $5,920 thousand in 2015-16 to $6,374 thousand in 2016-17.

The money reported in the PMPRB’s Annual Financial Statements as non-respendable revenue is a result of payments to the Government of Canada made by patentees through Voluntary Compliance Undertakings (VCUs)² or Board Orders to offset excess revenues. The Minister of Health may enter into agreements with any province respecting the distribution to that province of amounts received by the Receiver General, less any costs incurred in relation to the collection and distribution of those amounts. In Q3 of 2016-17 the PMPRB received $4,842 thousand in repayment of excess revenues, as compared to $5,689 thousand in Q3 of 2015-16. YTD, the PMPRB has received $6,998 thousand in repayment of excess revenues, as compared to $5,753 thousand in 2015-16.

Revenues that are non-respendable are not available to discharge the PMPRB’s liabilities. While the Chairperson is expected to maintain accounting control, he/she has no authority regarding the disposition of non-respendable revenues. As a result, non-respendable revenues are considered to be earned on behalf of the Government of Canada and are not therefore presented as a reduction to the entity's total gross budgetary expenditures.

2.1 Significant Changes to Authority

As shown in the Statement of Authorities of this document, there were no significant changes to the total authorities available for the year when compared to Q3 of 2015-16.

2.2 Significant Changes to Budgetary Expenditures by Standard Object

This section elaborates on variances in expenditures, Statutory items and Vote 1 by standard object to explain changes in spending trends from the same quarter of the previous year.

Overall, YTD spending has increased by $454 thousand (8%), and Q3 has decreased by $27 thousand (1%).

For “Personnel”, YTD and Q3 spending have increased by $268 thousand and $74 thousand, respectively. The increase is mainly due to the completion of planned staffing actions of vacant positions. The increase is partially offset by a decrease in the amount of uncontrollable personnel costs paid in 2016-17.

For information services, YTD and Q3 spending have decreased by $41 thousand and $58 thousand, respectively. The variance is attributable to a fluctuation in requirements for purchasing specialized pharmaceutical data and database updates to be used in the analysis of drug prices and their cost drivers

For “Professional and special services”, YTD increase of $237 thousand is explained by an increase in expenditures for litigation-related legal services.

For “Rentals”, YTD increase of $19 thousand is mainly due to a change in IT license requirements.

For “Acquisition of machinery and equipment”, YTD and Q3 spending have decreased by $23 thousand and $20 thousand, respectively. The decrease is mostly due to the acquisition of virtualization software and secured filing cabinets in 2015-16.

For “Other subsidies and payments”, Q3 spending increased by $17 thousand. The variance is attributable to salary overpayments as a result of problems with the new pay system that are expected to be recovered.

There were no significant variances to report in the other standard objects.

3. Risks and Uncertainties

The PMPRB is funded through annual appropriations. As a result, its operations are impacted by any changes in funding approved through Parliament. The PMPRB has no authority to spend revenues received during the year as a result of payments made by patentees to the Government of Canada through VCU’s or Board Orders to offset excess revenues. The Minister of Health may enter into agreements with any province respecting the distribution to that province of amounts received by the Receiver General, less any costs incurred in relation to the collection and distribution of those amounts.

The PMPRB’s funding includes a Special Purpose Allotment (SPA) to conduct Public Hearings, in Vote 1 (Program expenditures) of $2,438 thousand. The SPA can only be used to cover the costs of public hearings, such as external legal counsel and expert witnesses, etc. Any unspent amount is returned to the Consolidated Revenue Fund (CRF). The PMPRB’s expenditures are influenced by the number and complexity of investigations into the prices of patented medicines, the number of investigations that result in hearings and the number of hearing decisions that form the basis of judicial review applications, all of which are inherently unpredictable.

The PMPRB’s most significant expenditure is “Personnel”, representing 61% of its annual planned expenditures. Given the highly specialized nature of its consumer protection mandate, the PMPRB must continue to attract and retain subject matter experts. More than 36% of its employees are over 45 years of age and at least nine of them are eligible to retire over the next five years. Given the organization’s small size, the departure or hiring of a handful of employees in one quarter can have a significant impact on the quarter’s expenditures.

4. Significant changes in relation to operations, personnel and programs

Changes to Key Senior Personnel

Dr. Mitchell Levine was reappointed Vice-Chairperson of the PMPRB for a second five-year term on November 10, 2016.

The PMPRB does not currently have a permanent Chairperson. In the absence of a Chairperson, the Vice-chairperson assumes the role.

Changes to Programs

There have been no significant changes in relation to programs over the last year.

Approval by Senior Officials

Approved by:

Ottawa, Canada
January 23, 2017

Footnotes

¹ In accordance with subsection 93(3) of the Patent Act, if the Chairperson is absent or incapacitated or if the office of the Chairperson is vacant, the Vice-Chairperson has all the powers and functions of the Chairperson during the absence, incapacity or vacancy.

² VCUs are approved by the Chairperson or, if the VCU is submitted after the issuance of a Notice of Hearing, the Board Hearing Panel.

Statement of Authorities (unaudited)

¹ Includes only Authorities available for use and granted by Parliament at quarter end

(S) Statutory vote

Table 1: Departmental budgetary expenditures by Standard Object (unaudited)

¹ Includes only Authorities available for use and granted by Parliament at quarter end