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ARTICLE · 07 APRIL 2020

PM(NOC) Statutory Deadlines Still Applicable

As we reported, the Federal Court (FC) has suspended its hearings scheduled between March 16, 2020 and April 17, 2020 (the Suspension Period) sine die.

CanadaCoronavirus (COVID-19)

As we reported, the Federal Court (FC) has suspended its hearings scheduled between March 16, 2020 and April 17, 2020 (the Suspension Period) sine die. Proceedings brought in accordance with the Patented Medicines (Notice of Compliance) Regulations (Regulations) fall under the FC's jurisdiction. However, certain deadlines related to these proceedings are set by the Regulations themselves. Such 'statutory' deadlines are not subject to the FC's Suspension Period.

As the FC states in its recent FAQ on its COVID-19 Practice Direction and Order, the deadline for commencing a proceeding pursuant to section 6 of the Regulations continues to apply and cannot be extended or varied. This is because the power to vary or suspend this deadline (and other statutory deadlines) lies with the Government of Canada and not with the Court.

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