Patented Medicine Prices Review Board – Statement of Management Responsibility

Responsibility for the integrity and objectivity of the accompanying financial statements for the year ended March 31, 2013, and all information contained in these statements rests with the management of Patented Medicine Prices Review Board (PMPRB). These financial statements have been prepared by management using the Government's accounting policies, which are based on Canadian public sector accounting standards.

Management is responsible for the integrity and objectivity of the information in these financial statements. Some of the information in the financial statements is based on management's best estimates and judgment, and gives due consideration to materiality. To fulfill its accounting and reporting responsibilities, management maintains a set of accounts that provides a centralized record of the PMPRB's financial transactions. Financial information submitted in the preparation of the Public Accounts of Canada, and included in the PMPRB's Departmental Performance Report, is consistent with these financial statements.

Management is also responsible for maintaining an effective system of internal control over financial reporting (ICFR) designed to provide reasonable assurance that financial information is reliable, that assets are safeguarded and that transactions are properly authorized and recorded in accordance with the Financial Administration Act and other applicable legislation, regulations, authorities and policies.

Management seeks to ensure the objectivity and integrity of data in its financial statements through careful selection, training and development of qualified staff; through organizational arrangements that provide appropriate divisions of responsibility; through communication programs aimed at ensuring that regulations, policies, standards, and managerial authorities are understood throughout the PMPRB and through conducting an annual risk-based assessment of the effectiveness of the system of ICFR.

The system of ICFR is designed to mitigate risks to a reasonable level based on an ongoing process to identify key risks, to assess effectiveness of associated key controls, and to make any necessary adjustments.

The Patented Medicine Prices Review Board is subject to periodic Core Control Audits performed by the Office of the Comptroller General and uses the results of such audits to comply with the Treasury Board Policy on Internal Control.

A Core Control audit was performed in 2011-12 by the Office of the Comptroller General of Canada (OCG). The Audit Report and related Management Action Plan are posted on the PMPRB's web site.

The financial statements of the Patented Medicine Prices Review Board have not been audited.

Mary Catherine Lindberg
Chairperson
Ottawa, Canada
Date: July 31, 2013

Michelle Boudreau
Executive Director and Chief Financial Officer
Ottawa, Canada
Date: July 24, 2013

PATENTED MEDICINE PRICES REVIEW BOARD
Statement of Financial Position (Unaudited)
As at March 31

(in dollars) 2013 2012
Liabilities
Accounts payable and accrued liabilities (note 4) $ 3,339,945 $ 3,744,189
Vacation pay and compensatory leave 260,168 261,462
Employee future benefits (note 5) 429,810 915,844
Total gross liabilities 4,029,923 2,359,851
Liabilities held on behalf of Government
Accrued liabilities (note 4) (2,801,285) (2,801,285)
Total liabilities held on behalf of Government (2,801,285) (2,801,285)
Total net liabilities 1,228,638 2,120,210
Financial assets
Due from Consolidated Revenue Fund 353,345 460,841
Accounts receivable and advances (note 6) 172,546 154,258
Total net financial assets 525,891 615,099
Departmental net debt 702,747 1,505,111
Non-financial assets

Tangible capital assets (note 7) 65,950 -
Total non-financial assets 65,950 -
Departmental net financial position $ (636,797) $ (1,505,111)

The accompanying notes form an integral part of these financial statements.

Mary Catherine Lindberg
Chairperson
Ottawa, Canada
Date: July 31, 2013

Michelle Boudreau
Executive Director and Chief Financial Officer
Ottawa, Canada
Date: July 24, 2013

PATENTED MEDICINE PRICES REVIEW BOARD
Statement of Operations and Departmental Net Financial Position (Unaudited)
For the Year Ended March 31

(in dollars) 2013
Planned Results
2013 2012
Expenses
Patented Medicine Price Regulation Program $ 8,227,725 $ 4,192,859 $ 5,347,940
Pharmaceutical Trends Programs 1,477,742 740,999 1,457,407
Internal services 13,138,511 3,404,988 3,701,318
Total expenses 13,097,375 8,338,846 10,506,665

Revenues

Voluntary compliance undertakings - 19,670,485 8,394,187
Revenues earned on behalf of Government - (19,670,485) (8,394,187)
Total revenues - - -
Net cost of operations before government funding and transfers 13,138,511 8,338,846 10,506,665
Government funding and transfers
Net cash provided by Government of Canada
8,100,835 9,504,894
Change in due from Consolidated Revenue Fund
(107,496) (282,090)
Services provided without charge by other government departments (note 8)
1,213,821 1,254,264
Net cost of operations after government funding and transfers
(868,314) 29,597
Board net financial position - Beginning of year
(1,505,111) (1,475,514)
Board net financial position - End of year
$ (636,797) $ (1,505,111)

Segmented information (note 9)

The accompanying notes form an integral part of these financial statements.

PATENTED MEDICINE PRICES REVIEW BOARD
Statement of Change in Departmental Net Debt (Unaudited)
For the Year Ended March 31

(in dollars) 2013 2012
Net cost of operations after government funding and transfers $ (868,314) $ 29,597
Change due to tangible capital assets

Acquisition of tangible capital assets 65,950 -
Total change due to tangible capital assets 65,950 -
Net increase (decrease) in Departmental net debt (802,364) 29,597
Departmental net debt - Beginning of year 1,505,111 1,475,514
Departmental net debt - End of year $702,747 $ 1,505,111

The accompanying notes form an integral part of these financial statements.

PATENTED MEDICINE PRICES REVIEW BOARD
Statement of Cash Flows (Unaudited)
For the Year Ended March 31

(in dollars) 2013 2012
Operating activities
Net cost of operations before government funding and transfers $ 8,338,846 $ 10,506,665
Non-cash items:
Services provided without charge by other government departments (note 8) (1,213,821) (1,254,264)
Variations in Statement of Financial Position:
Decrease (increase) in accounts payable and accrued liabilities 404,244 (79,600)
Decrease in vacation pay and compensatory leave 1,294 50,400
Decrease in employee future benefits 486,034 268,841
Increase in accounts receivable and advances 18,288 12,852
Cash used in operating activities 8,034,885 9,504,894
Capital investing activities

Acquisitions of tangible capital assets 65,950 -
Cash used in capital investing activities 65,950 -
Net cash provided by Government of Canada $ 8,100,835 9,504,894

The accompanying notes form an integral part of these financial statements.

PATENTED MEDICINE PRICES REVIEW BOARD
Notes to the Financial Statements (Unaudited)
For the Year Ended March 31, 2013

1. Authority and objectives

The Patented Medicine Prices Review Board (PMPRB) is an independent quasi-judicial body established by Parliament in 1987 under the Patent Act (Act).

Although the PMPRB is part of the Health Portfolio, it carries out its mandate at arms-length from the Minister of Health. It also operates independently of other bodies such as Health Canada, which approves drugs for safety and efficacy, and public drug plans, which approve the listing of drugs on their respective formularies for reimbursement purposes.

Strategic Outcome: Canadians are protected from excessive prices for patented medicines sold in Canada and stakeholders are informed on pharmaceutical trends.

Patented Medicine Price Regulation Program

The PMPRB is an independent quasi-judicial body that is responsible for ensuring that the prices that patentees charge for patented medicines sold in Canada are not excessive based on the price review factors in the Patent Act (the Act). To make this determination the Board must consider each of the following factors: prices at which the medicine and other medicines in the same therapeutic class have been sold in Canada and in the seven comparator countries listed in the Patented Medicines Regulations (Regulations); changes in the Consumer Price Index (CPI); and in accordance with the Act, such other factors as may be specified in any regulations made for the purposes of the price review. Under the Act, and as per the Regulations, patentees are required to file price and sales information for each patented medicine sold in Canada, for the duration of the patent(s). Board Staff reviews the introductory and ongoing information filed by patentees, for all patented medicines sold in Canada. When it finds that the price of a patented medicine appears to be excessive, Board Staff will conduct an investigation into the price. An investigation could result in: its closure where it is concluded that the price was non-excessive; a Voluntary Compliance Undertaking (VCU) by the patentee to reduce the price and offset excess revenues obtained as a result of excessive prices through a payment and/or a price reduction of another patented drug product; or a public hearing to determine if the price is excessive, including any remedial order determined by the Board. In the event that the Board Hearing Panel finds, after a public hearing, that a price is or was excessive, it may order the patentee to reduce the price and take measures to offset any excess revenues. This program, by reviewing the prices charged by patentees for patented medicines sold in Canada, protects Canadians and the health care system from excessive prices.

Pharmaceutical Trends Program

The PMPRB reports annually to Parliament through the Minister of Health on its price review activities, the prices of patented medicines and price trends for all drugs, and R&D expenditures as reported by pharmaceutical patentees. In supporting this requirement, the pharmaceutical trend program provides complete and accurate information on trends in manufacturers' prices of patented medicines sold in Canada and on patentees' research-and-development expenditures to interested stakeholders including: industry (i.e., brand-name, biotech, generic); federal, provincial and territorial (F/P/T) governments; consumer and patient advocacy groups; third party payers; and others. This information also provides assurance to Canadians that the prices of patented medicines are not excessive. In addition, as a result of the establishment of the National Prescription Drug Utilization Information System (NPDUIS) by F/P/T ministers of health the Minister of Health requested that the PMPRB conduct analysis of price, utilization and cost trends for prescription drugs so that Canada's health system has more comprehensive, accurate information on how prescriptions drugs are being used and on the sources of cost increases. Furthermore, in 2005, as a result of the National Pharmaceutical Strategy which was part of the First Ministers' 10-Year Plan to Strengthen Health Care, the Minister of Health on behalf of F/P/T Ministers of Health, requested the PMPRB also monitors and reports on non-patented prescription drug prices. This function is aimed at providing federal/provincial/territorial governments and other interested stakeholders with a centralized credible source of information on non-patented prescription drug prices.

Internal Services

Internal services are groups of related activities and resources that are administered to support the needs of programs and other corporate obligations of an organization. These groups are: Management and Oversight Services; Communications Services; Legal Services; Human Resources Management Services; Financial Management Services; Information Management Services; Information Technology Services; Real Property Services; Materiel Services; Acquisition Services; and Travel and Other Administrative Services. Internal Services include only those activities and resources that apply across an organization and not to those provided specifically to a program.

2. Summary of significant accounting policies

These financial statements have been prepared using the Government's accounting policies stated below, which are based on Canadian public sector accounting standards. The presentation and results using the stated accounting policies do not result in any significant differences from Canadian public sector accounting standards.

Significant accounting policies are as follows:

(a) Parliamentary authorities

The Patented Medicine Prices Review Board is financed by the Government of Canada through Parliamentary authorities. Financial reporting of authorities provided to the PMPRB do not parallel financial reporting according to generally accepted accounting principles since authorities are primarily based on cash flow requirements. Consequently, items recognized in the Statement of Financial Position and the Statement of Operations and Departmental Net Financial Position are not necessarily the same as those provided through authorities from Parliament. Note 3 provides a reconciliation between the bases of reporting. The planned results amounts in the Statement of Operations and Departmental Net Financial Position are the amounts reported in the future-oriented financial statements included in the 2012-13 Report on Plans and Priorities.

(b) Net cash provided by Government

The PMPRB operates within the Consolidated Revenue Fund (CRF), which is administered by the Receiver General for Canada. All cash received by the PMPRB is deposited to the CRF and all cash disbursements made by the PMPRB are paid from the CRF. The net cash provided by Government is the difference between all cash receipts and all cash disbursements including transactions between departments of the Government.

(c) Amounts due from the Consolidated Revenue Fund

Amounts due from the CRF are the result of timing differences at year-end between when a transaction affects authorities and when it is processed through the CRF. Amounts due from the CRF represent the net amount of cash that the PMPRB is entitled to draw from the CRF without further authorities to discharge its liabilities.

(d) Revenues

  • Revenues from regulatory fees are recognized in the accounts based on the services provided in the year;
  • Other revenues are accounted for in the period in which the underlying transaction or event that gave rise to the revenue takes place;
  • Revenues that are non-respendable are not available to discharge the PMPRB's liabilities. While the Deputy Head is expected to maintain accounting control, he or she has no authority regarding the disposition of non-respendable revenues. As a result, non-respendable revenues are considered to be earned on the behalf of the Government of Canada and are therefore presented in reduction of the entity's gross revenues.

(e) Expenses

Expenses are recorded on the accrual basis:

  • Vacation pay and compensatory leave are accrued as the benefits are earned by employees under their respective terms of employment;
  • Services provided without charge by other government departments for accommodation, employer contribution to health and dental insurance plans and legal services are recorded as operating expenses at their estimated cost.

(f) Employee future benefits

  1. Pension benefits: Eligible employees participate in the Public Service Pension Plan, a multiemployer pension plan administered by the Government. The PMPRB's contributions to the Plan are charged to expenses in the year incurred and represent the total departmental obligation to the Plan. The PMPRB's responsibility with regard to the Plan is limited to its contributions. Actuarial surpluses or deficiencies are recognized in the financial statements of the Government of Canada, as the Plan's sponsor.
  2. Severance benefits: Employees entitled to severance benefits under labour contracts or conditions of employment earn these benefits as services necessary to earn them are rendered. The obligation relating to the benefits earned by employees is calculated using information derived from the results of the actuarially determined liability for employee severance benefits for the Government as a whole.

(g) Accounts receivable

Accounts receivable are stated at the lower of cost and net recoverable value. They are mainly comprised of amounts to be recovered from other government departments and the recovery is considered certain. As a result, no provision has been recorded as an offset against these amounts.

(h) Contingent liabilities

Contingent liabilities are potential liabilities which may become actual liabilities when one or more future events occur or fail to occur. To the extent that the future event is likely to occur or fail to occur, and a reasonable estimate of the loss can be made, an estimated liability is accrued and an expense recorded. If the likelihood is not determinable or an amount cannot be reasonably estimated, the contingency is disclosed in the notes to the financial statements.

(i) Tangible capital assets

All tangible capital assets and leasehold improvements having an initial cost of $10,000 or more are recorded at their acquisition cost. The PMPRB does not capitalize intangibles, works of art and historical treasures that have cultural, aesthetic or historical value, assets located on Indian Reserves and museum collections.

Amortization of tangible capital assets is done on a straight-line basis over the estimated useful life of the asset as follows:

Asset class Sub-asset class Amortization Period
Machinery and equipment Computer equipment 3-5 years

(j) Measurement uncertainty

The preparation of these financial statements requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, revenues and expenses reported in the financial statements. At the time of preparation of these statements, management believes the estimates and assumptions to be reasonable. The most significant item where estimates are used is the liability for employee future benefits. Actual results could significantly differ from those estimated. Management's estimates are reviewed periodically and, as adjustments become necessary, they are recorded in the financial statements in the year that they become known.

3. Parliamentary authorities

Patented Medicine Prices Review Board receives most of its funding through annual parliamentary authorities. Items recognized in the Statement of Financial Position and the Statement of Operations and Departmental Net Financial Position in one year may be funded through parliamentary authorities in prior, current or future years. Accordingly, the PMPRB has different net results of operations for the year on a government funding basis than on an accrual accounting basis. The differences are reconciled in the following tables:

(a) Reconciliation of net cost of operations to current year authorities used:
(in dollars) 2013 2012
Net cost of operations before government funding and transfers $ 8,338,846 $ 10,506,665
Adjustments for items affecting net cost of operations but not affecting authorities:
Services provided without charge by other government departments (1,213,821) (1,254,264)

Decrease in vacation pay and compensatory leave

1,294 50,400
Decrease in employee future benefits 486,034 268,841
Refund/adjustment of previous year's expenditures 26,500 21,855
Workforce adjustment measures 352,000 (352,000)
Total items affecting net cost of operations but not affecting authorities 7,990,853 9,241,497
Adjustments for items not affecting net cost of operations but affecting authorities:
Refund of previous year revenue - 2,512,878
Acquisition of tangible capital assets 65,950 -
Current year authorities used $ 8,056,803 $ 11,754,375

(b) Authorities provided and used:
(in dollars) 2013 2012
Authorities provided:
Vote 35 - Program expenditures $ - $ 11,735,590
Vote 45 - Program expenditures 11,667,975 -
Statutory amounts 911,028 3,513,329
Less:
Lapsed authorities (4,522,200) (3,494,544)
Current year authorities used $ 8,056,803 $ 11,754,375

4. Accounts payable and accrued liabilities

The following table presents details of the Patented Medicine Prices Review Board's accounts payable and accrued liabilities:

(in dollars) 2013 2012
Accounts payable - external parties $ 320,832 $ 361,346
Accounts payable - other government departments and agencies 17,705 7,071
Total accounts payable 338,537 368,417
Accrued liabilities 3,001,408 3,375,772
Gross accounts payable and accrued liabilities 3,339,945 3,744,189
Accrued liabilities held on behalf of government (2,801,285) (2,801,285)
Total accounts payable and accrued liabilities $ 538,660 $ 942,904

In Canada's Economic Action Plan 2012, the Government announced savings measures to be implemented by departments over the next three fiscal years starting in 2012-13. As a result, the PMPRB had recorded at March 31, 2012 an obligation for termination benefits for an amount of $352,000 as part of accrued liabilities to reflect the estimated workforce adjustment costs. This accrued liability is no longer required since the PMPRB is not expected to incur any more costs in regards to work force adjustment. Therefore, accrued liabilities has been reduced accordingly.

The PMPRB has recorded an accrued liability of $2.8 million in 2012-13 ($2.8 million for 2011-12) for an allowance for claims and litigation.

5. Employee future benefits

(a) Pension benefits

The PMPRB's employees participate in the Public Service Pension Plan, which is sponsored and administered by the Government. Pension benefits accrue up to a maximum period of 35 years at a rate of 2% per year of pensionable service, times the average of the best five consecutive years of earnings. The benefits are integrated with Canada/Québec Pension Plans benefits and they are indexed to inflation.

Both the employees and the PMPRB contribute to the cost of the Plan. The 2012-13 expense represents approximately 1.7 times (1.8 times in 2011-12) the contributions by employees which amount to:

(in dollars)

2013

2012

Expense for the year

$ 650,474

$ 685,591

The PMPRB's responsibility with regard to the Plan is limited to its contributions. Actuarial surpluses or deficiencies are recognized in the financial statements of the Government of Canada, as the Plan's sponsor.

(b) Severance benefits

The PMPRB provides severance benefits to its employees based on eligibility, years of service and salary at termination of employment. These severance benefits are not pre-funded. Benefits will be paid from future authorities. Information about the severance benefits, measured as at March 31, is as follows:

As part of collective agreement negotiations with certain employee groups, and changes to conditions of employment for executives and certain non-represented employees, the accumulation of severance benefits under the employee severance pay program ceased for these employees commencing in 2012. Employees subject to these changes have been given the option to be immediately paid the full or partial value of benefits earned to date or collect the full or remaining value of benefits on termination from the public service. These changes have been reflected in the calculation of the outstanding severance benefit obligation.

(in dollars) 2013 2012
Accrued benefit obligation - Beginning of year $ 915,844 $ 1,184,685
Expense for the year (252,458) 122,288
Benefits paid during the year (233,576) (391,129)
Accrued benefit obligation - End of year $ 429,810 $ 915,844

6. Accounts receivable and advances

The following table presents details of Patented Medicine Prices Review Board's accounts receivable and advances balances:

(in dollars) 2013 2012
Accounts receivable - other government departments and agencies $ 172,046 $ 153,758
Employee advances 500 500
Net accounts receivable and advances $ 172,546 $ 154,258

7. Tangible capital assets

Capital assets Opening Balance Acquisitions Closing Balance
(in dollars)
Computer equipment $ 91,242 $ 65,950 $ 157,192
Total $ 91,242 $ 65,950 $ 157,192
Accumulated amortization

Opening Balance

Current year amortization

Closing Balance

(in dollars)
Computer equipment $ 91,242 $ - $ 91,242
Total $ 91,242 $ - $ 91,242
Tangible capital assets net book value

Net Book Value 2012


Net Book Value 2013

(in dollars)
Computer equipment $ -
$65,950
Total $ -
$65,950

8. Related party transactions

The PMPRB is related as a result of common ownership to all Government of Canada departments, agencies, and Crown corporations. The PMPRB enters into transactions with these entities in the normal course of business and on normal trade terms. Also, during the year, the PMPRB received services which were obtained without charge from other government departments as disclosed below.

(a) Common services provided without charge by other government departments:

During the year, the PMPRB received services without charge from certain common service organizations, related to accommodation, legal services and the employer's contribution to the health and dental insurance plans. These services provided without charge have been recorded in the Board's Statement of Operations and Departmental Net Financial Position as follows:

(in dollars) 2013 2012
Accommodation $ 733,339 $ 723,952
Employer's contribution to the health and dental insurance plans 479,538 510,632
Legal Services 944 19,680
Total $ 1,213,821 $ 1,254,264

The Government has centralized some of its administrative activities for efficiency, cost-effectiveness purposes and economic delivery of programs to the public. As a result, the Government uses central agencies and common service organizations so that one department performs services for all other departments and agencies without charge. The costs of these services, such as the payroll and cheque issuance services provided by Public Works and Government Services Canada, are not included in the PMPRB's Statement of Operations and Departmental Net Financial Position.

(b) Other transactions with related parties:

(in dollars) 2013 2012
Expenses - other government departments and agencies $ 90,100 $ 142,319

Expenses and revenues disclosed in (b) exclude common services provided without charge, which are already disclosed in (a).

9. Segmented information

(in dollars) Patented Medicine Price Regulation Program Pharmaceutical trends analysis Internal services 2013
Total
2012
Total
Expenses
Salaries and employee benefits $ 3,279,037 $ 500,210 $ 2,414,905 $ 6,194,152 $ 7,554,761
Professional and special services 329,746 89,675 436,905 856,326 1,521,404
Accommodation 365,463 98,904 268,972 733,339 723,951
Utilities, materials and supplies 148,581 13,275 53,083 214,939 310,930
Rentals 2,300 3,052 111,068 116,420 12,049
Travel and relocation 40,794 6,960 51,642 99,396 94,102
Communications 13,022 274 45,563 58,859 76,770
Information services 46,871 28,649 5,202 47,767 26,275
Purchased repair and maintenance 564 - 15,583 15,583 139,135
Other 3,500 - 2,065 2,065 47,288
Total expenses 5,347,940 740,999 3,404,988 8,338,846 10,506,665
Revenues
Voluntary compliance undertakings (5,314,163) - 19,670,485 19,670,485 8,394,187
Revenues earned on behalf of Government 5,314,163 - (19,670,485) (19,670,485) (8,394,187)
Total revenues - - - - -
Net cost of operations after government funding and transfers $ 5,347,940 $ 740,999 $ 3,404,988 $ 8,338,846 $ 10,506,665
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