Annual Report on the Administration of the Access to Information Act 2017-2018

Patented Medicine Prices Review Board
Annual Report on the Administration of the Access to Information Act
April 1, 2017 to March 31, 2018

Table of Contents

Copy of the Report can be obtained from and enquiries can be directed to the Director of the Board Secretariat and Communications at:

Patented Medicine Prices Review Board
Standard Life Centre
Box L40
333 Laurier Avenue West, Suite 1400
Ottawa, Ontario - K1P 1C1
Tel: (613) 288-9635
Fax: (613) 952-7626
E-mail: guillaume.couillard@pmprb-cepmb.gc.ca
www.pmprb-cepmb.gc.ca


Introduction

The Patented Medicine Prices Review Board (PMPRB, Board) became subject to the Access to Information Act (ATIA) on June 14, 1990. Pursuant to sections 87 and 88 of the Patent Act and the Patented Medicines Regulations, certain information filed by patentees is privileged and may not be made public except in the course of a public hearing before the Board. This information is also exempt from disclosure under section 24 of the ATIA.

The purpose of the ATIA is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government.

Pursuant to section 72 of the ATIA, this document contains the Annual Report to Parliament on the administration of the ATIA for 2017-2018 by the PMPRB as submitted to the Minister of Health.

About PMPRB and Mandate

The PMPRB is an independent quasi-judicial body established by Parliament in 1987 under the Patent Act (Act). The Minister of Health is responsible for the pharmaceutical provisions of the Act as set out in sections 79 to 103. Although part of the Health Portfolio, the PMPRB carries out its mandate at arm’s length from the Minister of Health. It also operates independently of other bodies such as Health Canada, which approves drugs for safety and efficacy; federal, provincial, and territorial public drug plans, which have responsibility for approving the listing of drugs on their respective formularies and determining price levels for the purpose of reimbursement; and the Common Drug Review, which provides listing recommendations based on cost-effectiveness to participating public drug plans.

The PMPRB has a dual role: regulatory and reporting. The mandate of the PMPRB is to ensure that prices at which patentees sell their patented medicines in Canada to hospitals, wholesalers and pharmacies are not excessive; and, to report on pharmaceutical trends of all medicines and on research and development spending by patentees.

Delegation of Authority

The Chairperson of the Board has delegated the responsibilities associated with the administration of the ATIA to the Director, Board Secretariat, Communications and Strategic Planning (BSCSP). As a result, Access to Information and Privacy requests are part of the BSCSP and operational responsibility for the application of the Act has been delegated to Guillaume Couillard, Director, BSCSP, to act as the Access to Information Coordinator (Coordinator). Please refer to Annex A for the signed Delegation Order.

Organizational Structure

The PMPRB is a small organization of around 65 FTEs. Given that the PMPRB receives few Access to Information (ATI) requests, all requests are received and processed by the Coordinator.

The Coordinator reports to the Chairperson of the Board on the disposition of the requests. The Secretariat is responsible for consultations with applicants, other government institutions, third parties and the Office of the Information Commissioner.

A processing structure for the receipt, review and retrieval of requests is established to ensure that incoming requests are registered with the Coordinator, distributed to the appropriate Branch for action and receipt is acknowledged to the applicant. The documents relevant to the request are retrieved by the Branch and forwarded on to the Coordinator who reviews and processes the information for disposition within the prescribed timeframe.

The Coordinator liaises and coordinates with the Treasury Board Secretariat (TBS), the Office of the Information Commissioner, and any other government department or agency, and is also responsible for developing the corporate policies and practices related to access to information.

Statistical Report

The PMPRB received 3 new access to information requests under the ATIA between April 1, 2017 and March 31, 2018.

Annex B provides the statistical report on Access to Information processed by the PMPRB between April 1, 2017 and March 31, 2018.

The Board also provides a controlled-access reading room at its offices where files related to ATIA can be examined.

Informal Requests

The PMPRB regularly receives informal requests for information and responds to them in accordance with the spirit of the ATIA. The PMPRB responds to informal public inquiries through its BSCSP Branch either via telephone, mail or email. A request is considered to be "formal" if it is presented to the Coordinator in writing, refers to the ATIA and provides sufficient information to identify the records.

Interpretation of Statistical Report

Over the past ten (10) years, the number of new access to information requests filed with the PMPRB has widely varied. The PMPRB received 3 new requests in 2017-2018.

Table 1Statistics on Access to Information Requests
Fiscal Year Total Source of new requests
Media Academia Business Organization Public
2007-2008 5     1 3 1
2008-2009 2     2    
2009-2010 9Footnote 1     3   6Footnote 1
2010-2011 3 1   2    
2011-2012 0          
2012-2013 13     1 6 6
2013-2014 0          
2014-2015 6     5   1
2015-2016 0          
2016-2017 1       1  
2017-2018 3         3

Under its regulatory mandate, the PMPRB reviews the prices at which the patentees sell their patented medicines in Canada to ensure that they are not excessive. Retail prices are outside the purview of the PMPRB. Therefore, the PMPRB’s core mandate requires that it deal directly with patentees rather than with the general public. This may explain the limited number of ATI requests submitted to the PMPRB from the public.

The PMPRB has a statutory obligation to protect pricing information as filed by patentees. Pursuant to sections 87 and 88 of the Patent Act and the Patented Medicines Regulations, certain information filed by patentees is privileged and may not be made public except in the course of a public hearing before the Board. This information is also exempt from disclosure under section 24 of the ATIA.

Summaries of these completed ATI requests are posted on the PMPRB website at www.pmprb-cepmb.gc.ca, under Access to Information and Privacy.

The PMPRB is committed to ensuring transparency and as such endeavours to publish all publicly available information on its website.

Responses to requests processed

3 new requests were received in 2017-2018

Exemptions and Exclusions and Completion time

Exemptions were applied to one request. The requests received were addressed within 30 days of the receipt except for one owing to workload.

Fees & Costs

During the reporting period, $15 was collected. During 2017-2018, the PMPRB incurred an estimated $10,000 in salary, resources expended by the BSCSP and Corporate Services to meet the requirements of the ATIA.

Access-related Training and Education

For the reporting period, the PMPRB did not participate in Access-related training or education.

Access to Information Complaints or Investigations

Throughout the reporting period of FY 2017-2018, the PMPRB received no complaints with regard to access to information nor was it the subject of investigations from the Office of the Information Commissioner.

Appeals

Throughout the reporting period of FY 2017-2018, no applications/appeals were filed with the Federal Court or the Federal Court of Appeal.

Annex A – Delegation Order

Pursuant to Section 73 of the Access to Information Act, R.S.C.C. A-1, as amended

I, Dr. Mitchell Levine, Chairperson of the Patented Medicine Prices Review Board, and acting as Chairperson. a government institution as listed in Schedule 1 (Section 3) of the Act, DO HEREBY authorize GUILLAUME COUILLARD, Director, Board Secretariat, Communications and Strategic Planning, of the Patented Medicine Prices Review Board to exercise, perform and to carry out the duties, functions and powers of Access to Information and Privacy Coordinator, as pursuant to Section 73 of the Act.

DATED in OTTAWA, in the province of Ontario, this May 30, 2018.

Dr. Mitchell Levine
Chairperson
Patented Medicine Prices Review Board

Annex B – Stastistical Report on the Access to Information Act

Reporting Period: 2017-04-01 to 2018-03-31

Part 1 – Requests under the Access to Information Act

1.1 Number of Requests
  Number of Requests
Received during reporting period 3
Outstanding from previous reporting period 0
Total 3
Closed during reporting period 3
Carried over to next reporting period 0
1.2 Sources of requests
Source Number of Requests
Media 0
Academia 0
Business (Private Sector) 0
Organization 0
Public 3
Decline to Identify 0
Total 3
1.3 Informal requests
Completion Time
1 to 15 Days 16 to 30 Days 31 to 60 Days 61 to 120 Days 121 to 180 Days 181 to 365 Days More Than 365 Days Total
0 0 0 0 0 0 0 0

Note: All requests previously recorded as “treated informally” will now be accounted for in this section only.

Part 2 – Requests closed during the reporting period

2.1 Disposition and completion time
Disposition of requests Completion Time
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
All disclosed 0 1 0 0 0 0 0 1
Disclosed in part 0 0 0 1 0 0 0 1
All exempted 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0
No records exist 1 0 0 0 0 0 0 1
Request transferred 0 0 0 0 0 0 0 0
Request abandoned 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0
Total 1 1 0 1 0 0 0 3
2.2 Exemptions
Section Number of requests
13(1)(a) 0
13(1)(b) 0
13(1)(c) 0
13(1)(d) 0
13(1)(e) 0
14 0
14(a) 0
14(b) 0
15(1) 0
15(1) - I.A.Footnote A 0
15(1) - Def.Footnote B 0
15(1) - S.A.Footnote C 0
16(1)(a)(i) 0
16(1)(a)(ii) 0
16(1)(a)(iii) 0
16(1)(b) 0
16(1)(c) 0
16(1)(d) 0
16(2) 0
16(2)(a) 0
16(2)(b) 0
16(2)(c) 0
16(3) 0
16.1(1)(a) 0
16.1(1)(b) 0
16.1(1)(c) 0
16.1(1)(d) 0
16.2(1) 0
16.3 0
16.4(1)(a) 0
16.4(1)(b) 0
16.5 0
17 0
18(a) 0
18(b) 0
18(c) 0
18(d) 0
18.1(1)(a) 0
18.1(1)(b) 0
18.1(1)(c) 0
18.1(1)(d) 0
19(1) 0
20(1)(a) 1
20(1)(b) 1
20(1)(b.1) 0
20(1)(c) 0
20(1)(d) 0
20.1 0
20.2 0
20.4 0
21(1)(a) 0
21(1)(b) 0
21(1)(c) 0
21(1)(d) 0
22 0
22.1(1) 0
23 0
24(1) 0
26 0
2.3 Exclusions
Section Number of requests
68(a) 0
68(b) 0
68(c) 0
68.1 0
68.2(a) 0
68.2(b) 0
69(1) 0
69(1)(a) 0
69(1)(b) 0
69(1)(c) 0
69(1)(d) 0
69(1)(e) 0
69(1)(f) 0
69(1)(g) re (a) 0
69(1)(g) re (b) 0
69(1)(g) re (c) 0
69(1)(g) re (d) 0
69(1)(g) re (e) 0
69(1)(g) re (f) 0
69.1(1) 0
2.4 Format of information released
Disposition Paper Electronic Other formats
All disclosed 1 0 0
Disclosed in part 1 0 0
Total 2 0 0

2.5 Complexity

2.5.1 Relevant pages processed and disclosed
Disposition of requests Number of pages processed Number of pages disclosed Number of requests
All disclosed 3 3 0
Disclosed in part 668 668 0
All exempted 0 0 0
All excluded 0 0 0
Request abandoned 0 0 0
Neither confirmed nor denied 0 0 0
2.5.2 Relevant pages processed and disclosed by size of requests
Disposition Less than 100 pages processed 101-500 pages processed 501-1000 pages processed 1001-5000 pages processed More than 5000 pages processed
Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed Number of requests Pages disclosed
All disclosed 1 3 0 0 0 0 0 0 0 0
Disclosed in part 0 0 0 0 1 668 0 0 0 0
All exempted 0 0 0 0 0 0 0 0 0 0
All excluded 0 0 0 0 0 0 0 0 0 0
Request Abandoned 0 0 0 0 0 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0 0 0 0 0 0
Total 1 3 0 0 1 668 0 0 0 0
2.5.3 Other complexities
Disposition Consultation required Assessment of fees Legal advice sought Other Total
All disclosed 0 0 0 0 0
Disclosed in part 0 0 0 0 0
All exempted 0 0 0 0 0
All excluded 0 0 0 0 0
Request Abandoned 0 0 0 0 0
Neither confirmed nor denied 0 0 0 0 0
Total 0 0 0 0 0

2.6 Deemed refusals

2.6.1 Reasons for not meeting statutory deadline
Number of requests closed past the statutory deadline Principal Reason
Workload External consultation Internal consultation Other
1 1 0 0 0
2.6.2 Number of days past deadline
Number of days past deadline Number of requests past deadline where no extension was taken Number of requests past deadline where an extension was taken Total
1 to 15 days 0 0 0
16 to 30 days 0 0 0
31 to 60 days 0 0 0
61 to 120 days 0 1 1
121 to 180 days 0 0 0
181 to 365 days 0 0 0
More than 365 days 0 0 0
Total 0 1 1
2.7 Requests for translation
Translation Requests Accepted Refused Total
English to French 0 0 0
French to English 0 0 0
Total 0 0 0

Part 3 – Extensions

3.1 Reasons for extensions and disposition of requests
Disposition of requests where an extension was taken 9(1)(a) Interference with operations 9(1)(b) Consultation 9(1)(c) Third party notice
Section 69 Other
All disclosed 0 0 0 0
Disclosed in part 0 0 0 0
All exempted 0 0 0 0
All excluded 0 0 0 0
No records exist 0 0 0 0
Request abandoned 0 0 0 0
Total 0 0 0 0
3.2 Length of extensions
Length of extensions 9(1)(a) Interference with operations 9(1)(b) Consultation 9(1)(c) Third-party notice
Section 69 Other
30 days or less 0 0 0 0
31 to 60 days 0 0 0 0
61 to 120 days 0 0 0 0
121 to 180 days 0 0 0 0
181 to 365 days 0 0 0 0
365 days or more 0 0 0 0
Total 0 0 0 0

Part 4 – Fees

Fee Type Fee Collected Fee Waived or Refunded
Number of requests Amount Number of requests Amount
Application 3 $15 0 $0
Search 0 $0 0 $0
Production 0 $0 0 $0
Programming 0 $0 0 $0
Preparation 0 $0 0 $0
Alternative format 0 $0 0 $0
Reproduction 0 $0 0 $0
Total 3 $15 0 $0

Part 5 – Consultations received from other institutions and organizations

5.1 Consultations received from other Government of Canada institutions and organizations
Consultations Other Government of Canada Institutions Number of pages to review Other organizations Number of pages to review
Received during reporting period 17 288 0 0
Outstanding from the previous reporting period 0 0 0 0
Total 17 288 0 0
Closed during the reporting period 17 288 0 0
Pending at the end of the reporting period 0 0 0 0
5.2 Recommendations and completion time for consultations received from other Government of Canada institutions
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 0 16 0 0 0 0 0 16
Disclose in part 0 0 0 1 0 0 0 1
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 16 0 1 0 0 0 17
5.3 Recommendations and completion time for consultations received from other organizations
Recommendation Number of days required to complete consultation requests
1 to 15 days 16 to 30 days 31 to 60 days 61 to 120 days 121 to 180 days 181 to 365 days More than 365 days Total
Disclose entirely 0 0 0 0 0 0 0 0
Disclose in part 0 0 0 0 0 0 0 0
Exempt entirely 0 0 0 0 0 0 0 0
Exclude entirely 0 0 0 0 0 0 0 0
Consult other institution 0 0 0 0 0 0 0 0
Other 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0

Part 6 – Completion time of consultations on Cabinet confidences

6.1 Requests with Legal Services
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0
6.2 Requests with Privy Council Office
Number of Days Fewer Than 100 Pages Processed 101-500 Pages Processed 501-1000 Pages Processed 1001-5000 Pages Processed More Than 5000 Pages Processed
Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed Number of Requests Pages Disclosed
1 to 15 0 0 0 0 0 0 0 0 0 0
16 to 30 0 0 0 0 0 0 0 0 0 0
31 to 60 0 0 0 0 0 0 0 0 0 0
61 to 120 0 0 0 0 0 0 0 0 0 0
121 to 180 0 0 0 0 0 0 0 0 0 0
181 to 365 0 0 0 0 0 0 0 0 0 0
More than 365 0 0 0 0 0 0 0 0 0 0
Total 0 0 0 0 0 0 0 0 0 0

Part 7 – Complaints and Investigations

Section 32 Section 35 Section 37 Total
0 0 0 0

Part 8 – Court Action

Section 41 Section 42 Section 44 Total
0 0 0 0

Part 9 – Resources related to the Access to Information Act

9.1 Costs
Expenditures Amount
Salaries $10,000
Overtime $0
Goods and Services $0
Professional services contracts $0  
Other $0  
Total $10,000
9.2 Human Resources
Resources Person Years Dedicated to Access to Information Activities
Full-time employees 0.05
Part-time and casual employees 0.00
Regional staff 0.00
Consultants and agency personnel 0.00
Students 0.00
Total 0.05

Note: Enter values to two decimal places.

Date modified: