A-29.01, r. 2 - Regulation respecting the conditions governing the accreditation of manufacturers and wholesalers of medications

Schedule Disposition versions

2012-09-01

SCHEDULE II

(s. 2)

WHOLESALER’S COMMITMENT

1. The wholesaler undertakes to respect, in his transactions with pharmacists, the manufactuer’s guaranteed selling price, to which is added his mark-up as established in section 2 of this commitment, and consequently he agrees to comply with the following requirements:

(1) every sale of a drug must be recorded in writing in an invoice indicating the net price paid by the buyer for each drug;

(2) a discount may be granted only for a payment made within 30 days following the purchase and such discount may not exceed 2% of the net price;

(3) no reduction in the price of the drug may be applied to other merchandise;

(4) no reduction in the price of a drug may be granted for the attainment of a fixed purchase volume for a given period;

(5) no good may be provided without consideration and no reduction as a rebate, discount or premium may be granted to a buyer;

(6) upon the sale of a drug, no term of payment greater than 90 days may be granted to a buyer, even in the case of a consignment.

2. The wholesaler undertakes, in establishing his selling price, not to increase the manufacturer’s guaranteed selling price by more than 6.25% in relation to the package size purchased. As of 1 April 2012, the increase may not exceed 6.50%.

The profit margin shall be limited to a maximum amount provided for in respect of certain medications entered on the List of medications drawn up under section 60 of the Act respecting prescription drug insurance (chapter A-29.01).

3. The wholesaler undertakes to forward to the Board, not later than 1 September for the period from 1 January to 30 June of the same year and not later than 1 March of the following year for the period from 1 July to 31 December, the following statistics on his sales of drugs by product and by package size:

(1) the number of package sizes sold to Québec pharmacists;

(2) the amount of sales to Québec pharmacists;

(3) the weighted average price represented by the ratio of the amount of sales to the number of package sizes sold.

4. The wholesaler undertakes to furnish to the Board any information that it may require regarding the price of the drugs that he offers for sale under section 58 of the Act respecting prescription drug insurance (chapter A-29.01).

5. The wholesaler may terminate his commitment by means of 60 days’ notice in writing forwarded to the Minister.

IN WITNESS WHEREOF, THE WHOLESALER, by his duly authorized representative, has signed at ______________________________, on ______________________________ 20__________

__________(Name of wholesaler)__________

__________(Signature)__________

__________(Name of signatory)__________

__________(Position of signatory)__________

M.O. 92-06, Sch. II; M.O. 96-08, s. 3; M.O. 2007-016, s. 5; M.O. 2008-001, s. 2; S.Q. 2010, c. 15, s. 90; M.O. 2011-006, s. 2.