116.1. The Minister may, before entering a medicine on the list drawn up under section 116, make a listing agreement with its manufacturer, provided the contract for the supply of that medicine is not subject, under the Act respecting contracting by public bodies (chapter C-65.1), to the public call for tenders process. The purpose of such an agreement is to provide for the payment of sums by the manufacturer to the Minister in particular by means of a rebate or discount which may vary according to the volume of sales of the medicine.
The price of the medicine specified in the supply contract does not take into account the sums paid pursuant to the listing agreement.
For the purpose of making a listing agreement, the Minister may temporarily exclude a medication from the application of the third and fourth paragraphs of section 116. The exclusion does not apply to a person to whom the medication was provided before the publication date of the notice of its exclusion or in the cases prescribed by a regulation made under the sixth paragraph of section 60 of the Act respecting prescription drug insurance (chapter A-29.01). The notice of a medication’s exclusion is published on the website of the Régie de l’assurance maladie du Québec and comes into force on the date of its publication or any later date specified in the notice. A notice of the end date of the exclusion is also published on the website. Publication on the Régie’s website imparts authentic value to such notices. Despite section 9 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), no person has a right of access to a listing agreement. Only the following information is to be published in the annual report on the activities of the department required under section 12 of the Act respecting the Ministère de la Santé et des Services sociaux (chapter M-19.2):
(1) the name of the drug manufacturer;
(2) the name of the medicine; and
(3) the annual total sum received pursuant to listing agreements, but only in the cases where at least three agreements made with different drug manufacturers are in force in the fiscal year.