Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210

Justice Stratas; Justice Locke; Justice Woods - 2022-12-05

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In a judicial review in the Federal Court, the appellants challenged portions of a regulation that amends the Patented Medicines Regulations. In their challenge, the appellants said that portions of the regulation were invalid because they went beyond the scope of the regulation-making power in the Patent Act. ... The Federal Court concluded that the Governor in Council’s decision to enact section 6 of S.O.R./2019-298—to change the list of comparator countries—was reasonable and, thus, the section was valid: 2020 FC 725. For the reasons that follow, I agree with the Federal Court. Therefore, I would dismiss the appeal with costs. ... As the Federal Court noted, the regulation-making authority conferred on the Governor in Council by subsection 101(1) of the Patent Act is broad. That authority, reasonably construed, supports the change to the list of comparator countries. ... But, as the Federal Court stated, an honest recognition that the amendments may cause overall cost savings as a natural consequence of the measure does not mean that that is the pith and substance of the amendments. As the Federal Court found, for the reasons it gave, the purpose is the modernization of tools the Board uses to police the excessive pricing of patented medicines.

Decision relates to:


Canadian Intellectual Property