Private Members’ Bill (PMB)

May 25, 2009

A Private Members’ Bill (PMB) can be introduced by any member of parliament who is not part of Cabinet. To determine the sequence as to when a member can submit a PMB, a draw (or lottery) takes place. With the submission of a PMB, each member has the freedom to put forth a legislative proposal on an issue that he/she feels is of particular importance. This session, I have been focusing a great deal on Canada’s foreign aid programmes to developing and least developed countries, particularly in Africa. I have a daughter in Liberia, who is currently working with the non-profit NGO, ‘Samaritan’s Purse’.  With regular feedback coming from her and her colleagues, I have heard heartbreaking accounts of the dire situation facing countless people living in Africa.

Perhaps the most serious problem facing the continent is the HIV/AIDS epidemic. Globally, more than 2.3 million children under the age of 15 are infected with HIV. Approximately, 90 percent of them are in sub-Saharan Africa, and only 6 percent of these children have access to adequate medication. 

Most African companies cannot afford to purchase necessary name-brand pharmaceuticals. Therefore, in May 2004, Bill C-9, known as the Jean Chrétien Pledge to Africa (JCPA) was passed. The goal of the legislation was to allow least developed countries to buy cheap medication produced in Canada.  Based on a ruling from the World Trade Organization (WTO), the JCPA allowed generic pharmaceutical companies to receive a conditional license that permitted them to produce medication that was patented by name-brand pharmaceutical companies.  Consequently, under the JCPA, generic producers, which distribute medications at a substantially cheaper cost than name-brand companies, are allowed to produce patented medication for the purpose of export to least-developed countries. The legislation granted a legal exception to the patents held by name-brand pharmaceutical companies, and the legal regime established under the JCPA became known as ‘Canada’s Access to Medicines Regime’ (CAMR).
 
Because adequate protection of intellectual property rights is critical to the proper commercial distribution of pharmaceuticals, many provisions were introduced into CAMR to clarify exactly under what terms generic companies could produce and sell the medication, as well as provisions for how countries could buy and import the drugs.  However, these conditions have been harshly criticized by NGOs, foreign aid activists, and other MPs as being overly complex and cumbersome. Supporting this criticism is the fact that CAMR has been used only once to bring limited quantities of medication to one country (Rwanda).

Along these lines, arguments have been made that, to be truly effective, CAMR must be reformed.  Indeed, Senator Yoine Goldstein recently put forth a bill (S-232) to restructure CAMR.  I will be giving this issue considerable attention in the near future, with the goal of working toward a balanced and effective regime for the affordable export of medication to least developed countries, while also ensuring that the fundamental safeguards found in intellectual property law are respected.

Colin Mayes, MP – Okanagan-Shuswap