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Agile licensing, risk, biologics, and more: Wide-ranging amendments to Canada’s drug and medical device regulations

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By Sarah Pennington, Paul Jorgensen & Kristin Wall on March 3, 2025

Canada has made wide-ranging amendments to the Food and Drug Regulations (FDR) and the Medical Devices Regulations (MDR). The amendments are intended to deliver on Health Canada’s modernization commitments, codify long-standing policies and practices, and implement…

Drug shortages: New requirements proposed for the Food and Drug Regulations

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By Julia Kafato, Sarah Pennington, Paul Jorgensen & Kristin Wall on February 12, 2025

Health Canada has proposed additional regulations intended to prevent, mitigate, and respond to drug shortages. The proposed amendments to the Food and Drug Regulations (Regulations) include new requirements for drug market authorization holders to develop shortage prevention and…

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Pharma in Brief’s 2024 Year in Review and Trends for 2025

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By Kristin Wall, Christopher A. Guerreiro, Paul Jorgensen & Sarah Pennington on February 3, 2025

2024 saw no shortage of headlines in the Canadian pharma space. Here we look back on the year’s most notable legal and regulatory developments and look forward to areas to watch in 2025.

1. National pharmacare comes to Canada

In…

Health Canada disclosing more information on pending generic drug submissions

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By Sarah Pennington, Kristin Wall & Paul Jorgensen on February 25, 2024

On February 23, 2024, Health Canada published a Notice advising that it was making its review process for generic drug submissions more transparent.  Specifically, for generic drug submissions accepted into review on or after April 1, 2024, Health Canada will…

Federal Court finds trademark confusion between the names of two approved biologics

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By Kristin Wall, Christopher A. Guerreiro & Fiona Sarazin on February 13, 2024

The Federal Court (FC) has found the brand name of a biologic drug to be confusingly similar to the brand name of a drug used to treat the same disorder, but with a different active ingredient. The application…

Dormant drug status can trigger generic access to an alternate Canadian Reference Product

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By Sarah Pennington, Kristin Wall & Paul Jorgensen on February 8, 2024

On January 26, 2024, Health Canada published a Notice concerning its application of the definition of Canadian Reference Product (CRP) in the Food and Drug Regulations (Regulations). The Notice advises that if an innovative drug is…

Pharma in Brief’s 2023 Year in Review and Trends for 2024

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By Kristin Wall, Christopher A. Guerreiro, Paul Jorgensen & Pardeep Heir on January 10, 2024

As you start the new year, allow us to recap 2023’s important legal and regulatory developments for Canadian pharma. We also flag what to watch out for in 2024. 

The most significant legal development in 2023 was the introduction of…

Florida approved to import Canadian prescription drugs

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By Sarah Pennington, Kristin Wall & Paul Jorgensen on January 7, 2024

On January 5, 2024, the US Food and Drug Administration (FDA) approved Florida’s proposal to import prescription drugs from Canada. This is the first approval of a Section 804 Importation Program (SIP) by the FDA. Whether…

New Canadian Drug Agency formed, while National Pharmacare bill is delayed into 2024

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By Kristin Wall, Christopher A. Guerreiro & Paul Jorgensen on December 20, 2023

The Government of Canada has announced the creation of the Canadian Drug Agency (CDA). According to the government, the CDA “will provide the dedicated leadership and coordination needed to make Canada’s drug system more sustainable and better prepared…

What is a natural health product? Health Canada’s findings upheld by Federal Courts

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By Kristin Wall & Paul Jorgensen on November 20, 2023

In recent months, the Federal Courts have twice upheld Health Canada’s findings as to what is, and is not, a natural health product. The Courts’ decisions provide insight into how natural health products are distinguished, under federal law, from cosmetics…

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