Annual Report on the Administration of the Access to Information Act
2012-2013
Patented Medicine Prices Review Board
Annual Report on the Administration of
the Access to Information Act
April 1, 2012 to March 31, 2013
Table of Contents
Copy of the Report can be obtained from and enquiries can be directed to the Director of the Board Secretariat and Communications at:
Patented Medicine Prices Review Board
Standard Life Centre
Box L40
333 Laurier Avenue West, Suite 1400
Ottawa ON K1P 1C1
Toll-free: 1 877 861-2350
Tel: (613) 954-8299
Fax: (613) 952-7626
E-mail: sylvie.dupont@pmprb-cepmb.gc.ca
www.pmprb-cepmb.gc.ca
Introduction
The Patented Medicine Prices Review Board (PMPRB; Board) became subject to the Access to Information Act (ATIA) on June 14, 1990. Pursuant to sections 87 and 88 of the Patent Act and the Patented Medicines Regulations, certain information filed by patentees is privileged and may not be made public except in the course of a public hearing before the Board. This information is also exempt from disclosure under section 24 of the ATIA.
The purpose of the ATIA is to extend the present laws of Canada to provide a right of access to information in records under the control of a government institution in accordance with the principles that government information should be available to the public, that necessary exceptions to the right of access should be limited and specific and that decisions on the disclosure of government information should be reviewed independently of government.
Pursuant to section 72 of the ATIA, this document contains the Annual Report to Parliament on the administration of the ATIA for 2012-2013 by the PMPRB as submitted to the Minister of Health.
About PMPRB and Mandate
The PMPRB is an independent quasi-judicial body established by Parliament in 1987 under the Patent Act (Act). The Minister of Health is responsible for the pharmaceutical provisions of the Act as set out in sections 79 to 103. Although part of the Health Portfolio, the PMPRB carries out its mandate at arm´s length from the Minister of Health. It also operates independently of other bodies such as Health Canada, which approves drugs for safety and efficacy; federal, provincial, and territorial public drug plans, which have responsibility for approving the listing of drugs on their respective formularies and determining price levels for the purpose of reimbursement; and the Common Drug Review, which provides listing recommendations based on cost-effectiveness to participating public drug plans.
The PMPRB has a dual role: regulatory and reporting. The mandate of the PMPRB is to ensure that prices at which patentees sell their patented medicines in Canada to hospitals, wholesalers and pharmacies are not excessive; and, to report on pharmaceutical trends of all medicines and on research and development spending by patentees.
Delegation of Authority
The Chairperson of the Board has delegated the responsibilities associated with the administration of the ATIA to the Director, Board Secretariat and Communications (BSC). As a result, Access to Information and Privacy requests are part of the BSC and operational responsibility for the application of the Act has been delegated to Sylvie Dupont, Director, BSC, to act as the Access to Information Coordinator (Coordinator). Please refer to Annex A for the signed Delegation Order.
Organizational Structure
The PMPRB is a small organization of 76 FTEs. Given that the PMPRB receives few Access to Information (ATI) requests, all requests are received and processed by the Coordinator.
The Coordinator reports to the Chairperson of the Board on the disposition of the requests. The Secretariat is responsible for consultations with applicants, other government institutions, third parties and the Office of the Information Commissioner.
A processing structure for the receipt, review and retrieval of requests is established to ensure that incoming requests are registered with the Coordinator, distributed to the appropriate Branch for action and receipt is acknowledged to the applicant. The documents relevant to the request are retrieved by the Branch and forwarded on to the Coordinator who reviews and processes the information for disposition within the prescribed timeframe.
The Coordinator liaises and coordinates with the Treasury Board Secretariat (TBS), the Office of the Information Commissioner, and any other government department or agency, and is also responsible for developing the corporate policies and practices related to access to information.
Statistical Report
The PMPRB received thirteen requests for access to information under the ATIA in FY 2012-2013. As well, it received six (6) requests for consultation from other departments.
Annex B provides the statistical report on Access to Information processed by the PMPRB between April 1, 2012 and March 31, 2013.
The Board also provides a controlled-access reading room at its offices where files related to ATIA can be examined.
Informal Requests
The PMPRB regularly receives informal requests for information and responds to them in accordance with the spirit of the ATIA. The PMPRB responds to informal public inquiries through its BSC Branch either via telephone, mail or email. A request is considered to be "formal" if it is presented to the Coordinator in writing, refers to the ATIA and provides sufficient information to identify the records.
Interpretation of Statistical Report
Over the past eight (8) years, the number of new access to information requests filed with the PMPRB has widely varied. It did reach a high in 2012-2013 with thirteen requests as shown in Table 1.
Table 1 – Statistics on Access to Information Requests
| Fiscal Year |
Total |
Source of new requests |
| Media |
Academia |
Business |
Organization |
Public |
| 2005-2006 |
4 |
|
|
|
3 |
1 |
| 2006-2007 |
7 |
|
1 |
2 |
3 |
1 |
| 2007-2008 |
5 |
|
|
1 |
3 |
1 |
| 2008-2009 |
2 |
|
|
2 |
|
|
| 2009-2010 |
9* |
|
|
3 |
|
6* |
| 2010-2011 |
3 |
1 |
|
2 |
|
|
| 2011-2012 |
0 |
|
|
|
|
|
| 2012-2013 |
13 |
|
|
1 |
6 |
6 |
* Five (5) requests were submitted by one requester simultaneously to obtain different types of records over different time periods, on one specific issue.
Under its regulatory mandate, the PMPRB reviews the prices at which the patentees sell their patented medicines in Canada to ensure that they are not excessive. Retail prices are outside the purview of the PMPRB. Therefore, the PMPRB´s core mandate requires that it deal directly with patentees rather than with the general public. This may explain the limited number of ATI requests submitted to the PMPRB from the public.
The PMPRB has a statutory obligation to protect pricing information as filed by patentees. Pursuant to sections 87 and 88 of the Patent Act and the Patented Medicines Regulations, certain information filed by patentees is privileged and may not be made public except in the course of a public hearing before the Board. This information is also exempt from disclosure under section 24 of the ATIA.
The thirteen requests were filed by three requesters. While seven requests dealt with the PMPRB program, the remaining six requests focused on Temporary Help Services and appointments under the Public Service Employment Act.
Nine requests had been completed by the end of the current reporting period. Summaries of these completed ATI requests are posted on the PMPRB website at www.pmprb-cepmb.gc.ca, under Access to Information and Privacy.
The PMPRB is committed to ensuring transparency and as such endeavours to publish all publicly available information on its website.
Disposition of closed requests
The PMPRB completed nine requests. In three cases, the PMPRB released all existing information. In one case, a portion of the information was disclosed, while in five cases, the information requested did not exist.
Exemptions and Exclusions
The exemption invoked by the PMPRB fell under paragraph 21(1)(a), which protects advice provided to a government institution or a Minister of the Crown.
Completion time
Of the nine closed requests, seven were closed in 30 days or less while two were closed in 31 to 60 days.
Fees & Costs
During the reporting period, no application fees were collected. During 2012-2013, the PMPRB incurred an estimated $10,000 in salary, resources expended by the BSC and Corporate Services to meet the requirements of the ATIA.
For the reporting period, the PMPRB did not participate in Access-related training or education. It is expected that the PMPRB will hold a half-day in-house session for all employees on the management of Access to Information requests. An information session is also planned for Board Members early in 2014.
Throughout the reporting period of FY 2012-2013, the PMPRB received no complaints with regard to access to information nor was it the subject of investigations from the Office of the Information Commissioner.
Appeals
Throughout the reporting period of FY 2012-2013, no applications/appeals were filed with the Federal Court or the Federal Court of Appeal.
Annex A – Delegation Order
Pursuant to Section 73 of the Access to Information Act, R.S.C.C. A-1, as amended
I, Mary Catherine Lindberg, Chairperson of the Patented Medicine Prices Review Board, a government institution as listed in Schedule 1 (Section 3) of the Act, DO HEREBY authorize SYLVIE DUPONT, Director, Board Secretariat and Communications, of the Patented Medicine Prices Review Board to exercise, perform and to carry out the duties, functions and powers of Access to Information Coordinator, as pursuant to Section 73 of the Act.
DATED in OTTAWA, in the province of Ontario, this April 1, 2013.
Mary Catherine Lindberg
Chairperson
Patented Medicine Prices Review Board
Annex B – Stastistical Report on the Access to Information Act
Reporting Period: 01/04/2012 to 31/03/2013
Part 1 – Requests under the Access to Information Act
1.1 Number of Requests
| |
Number of Requests |
| Received during reporting period |
13 |
| Outstanding from previous reporting period |
0 |
| Total |
13 |
| Closed during reporting period |
9 |
| Carried over to next reporting period |
4 |
1.2 Sources of requests
| Source |
Number of Requests |
| Media |
0 |
| Academia |
0 |
| Business (Private Sector) |
1 |
| Organization |
6 |
| Public |
6 |
| Total |
13 |
Part 2 – Requests closed during the reporting period
2.1 Disposition and completion time
| Disposition of requests |
Completion Time |
| 1 to 15 days |
16 to 30 days |
31 to 60 days |
61 to 120 days |
121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
| All disclosed |
0 |
7 |
1 |
0 |
0 |
0 |
0 |
8 |
| Disclosed in part |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
1 |
| All exempted |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| No records exist |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Request transferred |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Request abandoned |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Treated informally |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
7 |
2 |
0 |
0 |
0 |
0 |
9 |
2.2 Exemptions
| Section |
Number of requests |
Return to footnote reference 1. I.A.: International Affairs
Return to footnote reference 2. Def.: Defence of Canada
Return to footnote reference 3. S.A.: Subversive Activities |
| 13(1)(a) |
0 |
| 13(1)(b) |
0 |
| 13(1)(c) |
0 |
| 13(1)(d) |
0 |
| 13(1)(e) |
0 |
| 14(a) |
0 |
| 14(b) |
0 |
| 15(1) - I.A. See footnote 1 |
0 |
| 15(1) - Def. See footnote 2 |
0 |
| 15(1) - S.A. See footnote 3 |
0 |
| 16(1)(a)(i) |
0 |
| 16(1)(a)(ii) |
0 |
| 16(1)(a)(iii) |
0 |
| 16(1)(b) |
0 |
| 16(1)(c) |
0 |
| 16(1)(d) |
0 |
| 16(2)(a) |
0 |
| 16(2)(b) |
0 |
| 16(2)(c) |
0 |
| 16(3) |
0 |
| 16.1(1)(a) |
0 |
| 16.1(1)(b) |
0 |
| 16.1(1)(c) |
0 |
| 16.1(1)(d) |
0 |
| 16.2(1) |
0 |
| 16.3 |
0 |
| 16.4(1)(a) |
0 |
| 16.4(1)(b) |
0 |
| 16.5 |
0 |
| 17 |
0 |
| 18(a) |
0 |
| 18(b) |
0 |
| 18(c) |
0 |
| 18(d) |
0 |
| 18.1(1)(a) |
0 |
| 18.1(1)(b) |
0 |
| 18.1(1)(c) |
0 |
| 18.1(1)(d) |
0 |
| 19(1) |
0 |
| 20(1)(a) |
0 |
| 20(1)(b) |
0 |
| 20(1)(b.1) |
0 |
| 20(1)(c) |
0 |
| 20(1)(d) |
0 |
| 20.1 |
0 |
| 20.2 |
0 |
| 20.4 |
0 |
| 21(1)(a) |
1 |
| 21(1)(b) |
0 |
| 21(1)(c) |
0 |
| 21(1)(d) |
0 |
| 22 |
0 |
| 22.1(1) |
0 |
| 23 |
0 |
| 24(1) |
0 |
| 26 |
0 |
2.3 Exclusions
| Section |
Number of requests |
| 68(a) |
0 |
| 68(b) |
0 |
| 68(c) |
0 |
| 68.1 |
0 |
| 68.2(a) |
0 |
| 68.2(b) |
0 |
| 69(1)(a) |
8 |
| 69(1)(b) |
0 |
| 69(1)(c) |
0 |
| 69(1)(d) |
0 |
| 69(1)(e) |
0 |
| 69(1)(f) |
0 |
| 69(1)(g) re (a) |
0 |
| 69(1)(g) re (b) |
0 |
| 69(1)(g) re (c) |
0 |
| 69(1)(g) re (d) |
0 |
| 69(1)(g) re (e) |
0 |
| 69(1)(g) re (f) |
0 |
| 69.1(1) |
0 |
2.4 Format of information released
| Disposition |
Paper |
Electronic |
Other formats |
| All disclosed |
0 |
9 |
0 |
| Disclosed in part |
0 |
0 |
0 |
| Total |
0 |
9 |
0 |
2.5 Complexity
2.5.1 Relevant pages processed and disclosed
| Disposition of requests |
Number of pages processed |
Number of pages disclosed |
Number of requests |
| All disclosed |
117 |
106 |
8 |
| Disclosed in part |
0 |
11 |
1 |
| All exempted |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
| Request abandoned |
0 |
0 |
0 |
2.5.2 Relevant pages processed and disclosed by size of requests
| Disposition |
Less than 100 pages processed |
101-500 pages processed |
501-1000 pages processed |
1001-5000 pages processed |
More than 5000 pages processed |
| Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
Number of requests |
Pages disclosed |
| All disclosed |
0 |
0 |
8 |
106 |
0 |
0 |
0 |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
1 |
11 |
0 |
0 |
0 |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Abandoned |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
9 |
117 |
0 |
0 |
0 |
0 |
0 |
0 |
2.5.3 Other complexities
| Disposition |
Consultation required |
Assessment of fees |
Legal advice sought |
Other |
Total |
| All disclosed |
0 |
0 |
0 |
0 |
0 |
| Disclosed in part |
0 |
0 |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
0 |
| Abandoned |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
0 |
2.6 Deemed refusals
2.6.1 Reasons for not meeting statutory deadline
| Number of requests closed past the statutory deadline |
Principal Reason |
| Workload |
External consultation |
Internal consultation |
Other |
| 2 |
0 |
0 |
0 |
2 |
2.6.2 Number of days past deadline
| Number of days past deadline |
Number of requests past deadline where no extension was taken |
Number of requests past deadline where an extension was taken |
Total |
| 1 to 15 days |
0 |
0 |
0 |
| 16 to 30 days |
0 |
0 |
0 |
| 31 to 60 days |
0 |
2 |
2 |
| 61 to 120 days |
0 |
0 |
0 |
| 121 to 180 days |
0 |
0 |
0 |
| 181 to 365 days |
0 |
0 |
0 |
| More than 365 days |
0 |
0 |
0 |
| Total |
0 |
2 |
2 |
2.7 Requests for translation
| Translation Requests |
Accepted |
Refused |
Total |
| English to French |
0 |
0 |
0 |
| French to English |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
Part 3 – Extensions
3.1 Reasons for extensions and disposition of requests
| Disposition of requests where an extension was taken |
9(1)(a)
Interference with operations |
9(1)(b)
Consultation |
9(1)(c)
Third party notice |
| Section 69 |
Other |
| All disclosed |
1 |
0 |
0 |
0 |
| Disclosed in part |
1 |
0 |
0 |
0 |
| All exempted |
0 |
0 |
0 |
0 |
| All excluded |
0 |
0 |
0 |
0 |
| No records exist |
0 |
0 |
0 |
0 |
| Request abandoned |
0 |
0 |
0 |
0 |
| Total |
2 |
0 |
0 |
0 |
3.2 Length of extensions
| Length of extensions |
9(1)(a)
Interference with operations |
9(1)(b)
Consultation |
9(1)(c)
Third party notice |
| Section 69 |
Other |
| 30 days or less |
0 |
0 |
0 |
0 |
| 31 to 60 days |
2 |
0 |
0 |
0 |
| 61 to 120 days |
0 |
0 |
0 |
0 |
| 121 to 180 days |
0 |
0 |
0 |
0 |
| 181 to 365 days |
0 |
0 |
0 |
0 |
| 365 days or more |
0 |
0 |
0 |
0 |
| Total |
2 |
0 |
0 |
0 |
Part 4 – Fees
| Fee Type |
Fee Collected |
Fee Waived or Refunded |
| Number of requests |
Amount |
Number of requests |
Amount |
| Application |
13 |
$65 |
0 |
$0 |
| Search |
0 |
$0 |
0 |
$0 |
| Production |
0 |
$0 |
0 |
$0 |
| Programming |
0 |
$0 |
0 |
$0 |
| Preparation |
0 |
$0 |
0 |
$0 |
| Alternative format |
0 |
$0 |
0 |
$0 |
| Reproduction |
0 |
$0 |
0 |
$0 |
| Total |
13 |
$65 |
0 |
$0 |
Part 5 – Consultations received from other institutions and organizations
5.1 Consultations received from other government institutions and organizations
| Consultations |
Other government institutions |
Number of pages to review |
Other organizations |
Number of pages to review |
| Received during reporting period |
6 |
36 |
0 |
0 |
| Outstanding from the previous reporting period |
0 |
0 |
0 |
0 |
| Total |
6 |
36 |
0 |
0 |
| Closed during the reporting period |
6 |
36 |
0 |
0 |
| Pending at the end of the reporting period |
0 |
0 |
0 |
0 |
5.2 Recommendations and completion time for consultations received from other government institutions
| Recommendation |
Number of days required to complete consultation requests |
| 1 to 15 days |
16 to 30 days |
31 to 60 days |
61 to 120 days |
121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
| Disclose entirely |
3 |
1 |
0 |
0 |
0 |
0 |
0 |
4 |
| Disclose in part |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
1 |
| Exempt entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Exclude entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Consult other institution |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Other |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
1 |
| Total |
4 |
2 |
0 |
0 |
0 |
0 |
0 |
6 |
5.3 Recommendations and completion time for consultations received from other organizations
| Recommendation |
Number of days required to complete consultation requests |
| 1 to 15 days |
16 to 30 days |
31 to 60 days |
61 to 120 days |
121 to 180 days |
181 to 365 days |
More than 365 days |
Total |
| Disclose entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Disclose in part |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Exempt entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Exclude entirely |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Consult other institution |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Other |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
| Total |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
Part 6 – Completion time of consultations on Cabinet confidences
| Number of days |
Number of responses received |
Number of responses received past deadline |
| 1 to 15 |
0 |
0 |
| 16 to 30 |
0 |
0 |
| 31 to 60 |
0 |
0 |
| 61 to 120 |
0 |
0 |
| 121 to 180 |
0 |
0 |
| 181 to 365 |
0 |
0 |
| More than 365 |
0 |
0 |
| Total |
0 |
0 |
Part 7 – Resources related to the Access to Information Act
7.1 Costs
| Expenditures |
Amount |
| Salaries |
$10,000 |
| Overtime |
$0 |
| Goods and Services |
$0 |
| Professional services contracts |
$0 |
| Other |
$0 |
| Total |
$10,000 |
7.2 Human Resources
| Resources |
Dedicated full-time to ATI activities |
Dedicated part-time to ATI activities |
Total |
| Full-time employees |
0.00 |
0.05 |
0.05 |
| Part-time and casual employees |
0.00 |
0.00 |
0.00 |
| Regional staff |
0.00 |
0.00 |
0.00 |
| Consultants and agency personnel |
0.00 |
0.00 |
0.00 |
| Students |
0.00 |
0.00 |
0.00 |
| Total |
0.00 |
0.05 |
0.05 |