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ontario regulation 123/20

made under the

Ontario Drug Benefit Act

Made: April 3, 2020
Filed: April 6, 2020
Published on e-Laws: April 6, 2020
Printed in The Ontario Gazette: April 25, 2020

Amending O. Reg. 201/96

(GENERAL)

1. (1) Subparagraph 1 i of subsection 11 (1) of Ontario Regulation 201/96 is revoked and the following substituted:

i. less than or equal to 25 per cent of the drug benefit price of the original product as set out in the Formulary,

A. on the date the product is first proposed for designation as a listed drug product, if no other product has been designated as interchangeable with the original product, or

B. in all other cases, on the date when the first product became designated as interchangeable with the original product, or

(2) Subsection 11 (1) of the Regulation is amended by adding the following paragraph:

3. Despite paragraphs 1 and 2, for the purposes of setting the drug benefit price of an interchangeable product the executive officer may adjust the drug benefit price of the original product upon which the drug benefit price of the interchangeable product is based, having regard to the price of the original product in other provinces and territories, and the historical drug benefit price of the original product on the Formulary or as agreed to by the manufacturer and the executive officer under section 15 of this Regulation, but in doing so shall not change the actual drug benefit price of the original product on the Formulary where the original product is still listed.

Commencement

2. This Regulation comes into force on April 1, 2020, and if it is filed after that date is deemed to have come into force on that date.