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The Competitive Drug Pricing Act (Various Acts Amended)

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S.M. 2013, c. 53

Bill 45, 3rd Session, 40th Legislature

The Competitive Drug Pricing Act (Various Acts Amended)

(Assented to December 5, 2013)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

THE PHARMACEUTICAL ACT

C.C.S.M. c. P60 amended

1           The Pharmaceutical Act, C.C.S.M. c. P60, is amended by this Part.

2           Section 75 is amended by adding the following definition:

"product agreement" means an agreement between the government and one or more manufacturers or distributors of a drug that relates wholly or partly to the price or supply of a drug that is, or may be eligible to be, either or both of the following:

(a) designated as an interchangeable product,

(b) specified in a regulation made under clause 9(1.1)(a) of The Prescription Drugs Cost Assistance Act. (« accord d'approvisionnement »)

3(1)        Section 79 is amended by adding the following after clause (a):

(a.1) removing a product from a formulary;

3(2)        Section 79 is further amended by renumbering it as subsection 79(1) and adding the following as subsections 79(2) and (3):

Notice not required

79(2)       Subject to subsection (3), a regulation may be made under subsection (1) at any time without prior notice to anyone.

Notice requirement — product agreement

79(3)       Subsection (2) does not relieve the minister of any notice requirement set out in a product agreement.

PART 2

THE PHARMACEUTICAL ACT (S.M. 2006, c. 37 (unproclaimed))

S.M. 2006, c. 37 (unproclaimed) amended

4           The Pharmaceutical Act, as enacted by S.M. 2006, c. 37, is amended by this Part.

5           Section 77 is amended by adding the following definition:

"product agreement" means an agreement between the government and one or more manufacturers or distributors of a drug that relates wholly or partly to the price or supply of a drug that is, or may be eligible to be, either or both of the following:

(a) designated as an interchangeable product;

(b) specified in a regulation made under clause 9(1.1)(a) of The Prescription Drugs Cost Assistance Act. (« accord d'approvisionnement »)

6(1)        Section 81 is amended by adding the following after clause (a):

(a.1) removing a product from a formulary;

6(2)        Section 81 is further amended by renumbering it as subsection 81(1) and adding the following as subsections 81(2) and (3):

Notice not required

81(2)       Subject to subsection (3), a regulation may be made under subsection (1) at any time without prior notice to anyone.

Notice requirement — product agreement

81(3)       Subsection (2) does not relieve the minister of any notice requirement set out in a product agreement.

PART 3

THE PRESCRIPTION DRUGS COST ASSISTANCE ACT

C.C.S.M. c. P115 amended

7            The Prescription Drugs Cost Assistance Act is amended by this Part.

8           Section 1 is amended by adding the following definition:

"product agreement" means an agreement between the government and one or more manufacturers or distributors of a drug that relates wholly or partly to the price or supply of a drug that is, or may be eligible to be, either or both of the following:

(a) designated as an interchangeable product under legislation governing the profession of pharmacy,

(b) specified in a regulation made under clause 9(1.1)(a); (« accord d'approvisionnement »)

9(1)        Subsection 9(1.1) is amended by adding the following after clause (a.2):

(a.3) removing a drug or other item from a regulation made under clause (a) or (a.2);

9(2)        The following is added as subsections 9(4) and (5):

Notice not required

9(4)        Subject to subsection (5), a regulation may be made under subsection (1.1) at any time without prior notice to anyone.

Notice requirement — product agreement

9(5)        Subsection (4) does not relieve the minister of any notice requirement set out in a product agreement.

PART 4

TRANSITIONAL AND COMING INTO FORCE

Definition of "product agreement"

10(1)       In this section, "product agreement" means an agreement between the government and one or more manufacturers or distributors of a drug that relates wholly or partly to the price or supply of a drug that is, or may be eligible to be, either or both of the following:

(a) designated as an interchangeable product under legislation governing the profession of pharmacy;

(b) specified in a regulation made under clause 9(1.1)(a) of The Prescription Drugs Cost Assistance Act.

Application

10(2)       This section applies only to a product agreement made before March 31, 2014.

Termination of agreement

10(3)       Despite any provision of a product agreement to the contrary, the minister may, on giving 30 days' prior written notice to the other party or parties to the agreement, terminate the agreement — or any provision of it — if, in respect of a drug to which the agreement relates,

(a) the manufacturer or distributor is unable to provide the drug at a price specified by, or acceptable to, the minister;

(b) the manufacturer or distributor is unable to supply the drug in the quantity or in the manner required by the agreement; or

(c) the minister considers it advisable in the public interest to do so.

Effect of exercise of power

10(4)       Despite any provision of a product agreement or any law to the contrary,

(a) no damages or compensation of any kind are payable by the government; and

(b) no proceedings in which damages or compensation is claimed may be commenced or maintained against the government;

arising from the exercise of a power under this section.

Coming into force

11          This Act comes into force on the day it receives royal assent.