On February 24, 2021, Parliament voted down Bill C-213, which would have enacted the Canada Pharmacare Act. The Private Member's Bill was first introduced a year ago, re-introduced in September 2020 after Parliament's prorogation, and defeated at Second Reading.

The Canada Pharmacare Act set out a series of criteria and conditions that would have been required before a federal cash contribution could be provided to a province for its public drug insurance plan: public administration; comprehensiveness; universality; portability; and accessibility.

These criteria were intended to align with principles of pharmacare identified in the June 2019 Final Report of the Advisory Council on the Implementation of National Pharmacare (the Advisory Council), entitled "A Prescription for Canada: Achieving Pharmacare for All". In part, the Final Report recommended legislation to enshrine the principles in the Canada Health Act.

During debate on the Bill, the Prime Minister and other Members of Parliament rejected the Bill's unilateral imposition of national pharmacare on the provincial-territorial jurisdiction over healthcare. Instead, there was a call for future collaboration that respects constitutional jurisdictions.

As we reported, the federal government had previously announced funding for the implementation of certain recommendations from the Advisory Council, including the creation of (1) the Canadian Drug Agency; (2) a national formulary; and (3) a national strategy for high-cost drugs for rare diseases. The federal government has identified national pharmacare as a continued priority in its recent Speech from the Throne on September 23, 2020. This sentiment was repeated in the recent Debates on Bill C-213.


About Norton Rose Fulbright Canada LLP

Norton Rose Fulbright is a global law firm. We provide the world's preeminent corporations and financial institutions with a full business law service. We have 3800 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia.

Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare.

Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact.

For more information about Norton Rose Fulbright, see nortonrosefulbright.com/legal-notices.

Law around the world
nortonrosefulbright.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.