On the basis of these authorities, the Court concluded that the pith and substance of the impugned amendments and the PMPRB was patents, not industry-specific pricing practices.
The PMPRB should look to involve the provinces and territories in drug pricing consultations and secure the support of them in designing an intergovernmental regulatory scheme.
Various studies have confirmed that the effect of the PMPRB on prices may not be substantial Anis and Wen (1998), using a study based on 1992 data, show that the PMPRB maximum allowable price thresholds appear not to be binding.
Still, it is true that PMPRB reviews are binding on the prices of at least some drugs.
In any case, in the short term PMPRB regulations prohibit substantial price increases, and even for new drugs it seems unlikely that the PMPRB would allow Canadian prices to be set at U.
In that case, the limitations on supply threatened by Rx&D would likely become a reality, leading to supply shortages, which in turn could only be fixed by increasing prices beyond the limits currently imposed by the PMPRB.
Eliminate the price review functions of the PMPRB in order to remove the rationale for action by the U.
This would involve modifying the Food and Drugs Act to explicitly restrict retail pharmacies from shipping any product reviewable under PMPRB guidelines to customers outside of Canada.