A successful intellectual property strategy always complies with regulatory rules and laws
We are experts in navigating the complex Canadian regulatory environment.
In the strict and constantly changing regulatory environment for pharmaceuticals and biologics in Canada, expert regulatory and compliance advice and counselling is essential to maximize commercial opportunities while minimizing unnecessary risk.
Drawing on our extensive legal and litigation expertise in regulatory areas, we provide an integrated team approach and a level of technical depth and support for our Canadian and international clients that is unmatched in Canada.
Our lawyers have deep expertise in managing issues that arise at the pharmaceutical/biologic patent-regulatory interface. We offer our clients expert assistance and targeted advice, helping to develop and implement policies to ensure best practices. We also have extensive experience drafting submissions on proposed regulatory amendments. In addition, if necessary, our experienced litigators will pursue judicial reviews before federal, provincial and appellate courts.
We recognize the importance of coordinating patent prosecution and enforcement with regulatory and market status of pharmaceutical and biologic drug products, throughout a product’s life cycle, from early clinical development to regulatory approval to litigation and beyond.
In our regulatory and compliance practice we work with and advise clients on matters that extend to and include pharmaceuticals (small molecules), biologics, Advanced Therapeutic Products, controlled drugs and substances, medical devices, natural health products and veterinary products.
Our regulatory and compliance services include:
- Regulatory (Health Canada and provincial) and health care compliance advice
- Reimbursement, interchangeability, rebate and procurement advice
- Marketing and advertising, including programs with HCPs and patients, disease awareness initiatives, collaboration agreements, PR communications, Direct-to-Consumer advertising campaigns, and Innovative Medicines Canada (IMC) and Pharmaceutical Advertising Advisory Board (PAAB) matters
- Brand name assessments including Look-alike Sound-alike (LA/SA) Assessments of product names
- Access to Information Act and Freedom of Information and Protection of Privacy Act matters
- Regulatory due diligence
- Data protection advice and responding to eligibility rejections by the Office of Patented Medicines and Liaison (OPML)
- Patent listing under the Patented Medicines (Notice of Compliance) Regulations, including preparation of forms and responding to objections by the OPML
- Certificates of supplementary protection, including preparation of applications
- Patented Medicine Prices Review Board (PMPRB) advice
- Submissions on draft statutory and regulatory amendments
- Applications for judicial review
We assist our clients with all relevant government agencies, including:
- Health Canada
- Patented Medicine Prices Review Board
- Provincial insurers
- Regulatory colleges for health care professionals
- The Office of Patented Medicines and Liaison
We advise on all applicable legislation, including:
- The Food and Drugs Act
- Provincial reimbursement (e.g. Ontario Drug Benefit Act, Drug Interchangeability and Dispensing Fee Act)
- Laws governing health care professionals (e.g. Medicine Act, Drug and Pharmacies Regulation Act)
- Access to Information Act
- Freedom of Information and Protection of Privacy Act
Key Contacts
Related Publications & Articles
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PMPRB releases September 2026 NEWSletter
The September NEWSletter also provides information about the PMPRB’s participation in past and future events, as well as NPDUIS research initiative and activities.Read More -
Health Canada’s modernization of clinical trial framework: notice of interim policy and results from consultation
As we previously reported, Health Canada consulted on the framework for clinical trials, including on the new Clinical Trials Regulations and draft and updated guidance documents. Health Canada has no...Read More -
Health Canada updates policies on foreign regulatory actions, summary reporting, compliance & enforcement and requests for new data
Health Canada announced a number of new and updated guidance documents and policies in September 2026, including the following.Read More -
PM(NOC) Regulations: ninth-year anniversary of major amendments
September 21, 2026, marked the ninth anniversary of the significant amendments to the Patented Medicines (Notice of Compliance) Regulations (Regulations).Read More -
Consultation on proposed interim approach to reduce review timeline to 180 days for certain pediatric drugs
On September 14, 2026, Health Canada launched a consultation seeking public feedback on a proposed “new interim approach to speed up the review of certain pediatric drugs”, including on the proposed e...Read More -
Health Canada takes action to address generic drug submission review backlog
Health Canada is not currently meeting its performance standards for the review of some generic drug submissions. On September 1, 2026, Health Canada launched a new webpage, Improving how we review ge...Read More -
PMPRB consults further on revised proposed practice directions
The Patented Medicine Prices Review Board (PMPRB) holds public hearings on two types of mattersRead More -
Canada’s Drug Agency: guidance document on use of AI methods & summary of precision medicine initiatives
In July 2026, Canada’s Drug Agency (CDA) published Use of Artificial Intelligence Methods to Generate Real-World Evidence Submitted to Canada’s Drug Agency for HTA. This guidance document describes pr...Read More
Related News & Media
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Smart & Biggar boasts 21 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2023
Smart & Biggar is proud to be featured as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2023. In total, 21 of our lawyers and patent agents have been recognized across...Read More -
BIO 2023: Connect with Smart & Biggar’s leading Canadian Life Sciences team
Smart & Biggar's leading Life Sciences team will be attending this year’s Bio International Convention in Boston, and look forward to reconnecting with colleagues and clients from around the world...Read More -
Smart & Biggar sees four lawyers recognized in Who’s Who Legal: Life Sciences 2023
Smart & Biggar is proud to announce that four lawyers have been named in the recent Who’s Who Legal: Life Sciences 2023 Global Guide as leaders in life sciences law.Read More -
Smart & Biggar boasts 16 lawyers and agents recognized as leaders for IP in Who’s Who Legal: Canada Guide 2022
Smart & Biggar is proud to be featured once again as a leader in IP in the recent edition of Who’s Who Legal (WWL) Canada Guide 2022. In total, 16 of our lawyers and patent agents have been recogn...Read More -
Smart & Biggar partners recognized in the 2022 edition of IAM Strategy 300: The World’s Leading IP Strategists
Smart & Biggar is proud to share that Ottawa partner and Chair of the firm Daphne Lainson and Montréal partner Sanjay Goorachurn have been recognized once again in the 2022 edition of IAM Strategy...Read More -
Smart & Biggar partners recognized at the 10th annual LMG Life Sciences Awards Americas 2022
Smart & Biggar is proud to share that Ottawa partner and Chair of the firm Daphne Lainson and Vancouver partner Mark Pidkowich have been recognized in the 10th annual LMG Life Sciences Awards Amer...Read More -
Smart & Biggar receives six shortlist nominations for the 2022 LMG Life Sciences Americas Awards
Smart & Biggar is proud to announce that we have been shortlisted for six LMG Life Sciences Awards 2022. Each award nomination recognizes Smart & Biggar’s exceptional leadership in life scien...Read More -
Smart & Biggar leads the Canadian patent rankings with 23 lawyers and agents listed in IAM Patent 1000
Smart & Biggar is pleased to announce our continued standing as a ‘gold tier' firm in Canada for patent prosecution and litigation, in the 2022 IAM Patent 1000: The World’s Leading Patent Professi...Read More
