Regulation - Minister

Improving Access to Exceptional Access Program Drugs for Ontarians Living Near Manitoba and Quebec Borders

Regulation Number(s):
Instrument Type:
Regulation - Minister
Bill or Act:
Ontario Drug Benefit Act
Summary of Decision:
Made: June 4, 2021
Filed: June 14, 2021
Published on e-Laws: June 14, 2021
Printed in The Ontario Gazette: July 3, 2021
Analysis of Regulatory Impact:
No new administrative cost for business.
Further Information:
Proposal Number:
Posting Date:
October 6, 2020
Summary of Proposal:
The proposed regulation would make Quebec and Manitoba physicians and nurses who have the authority to prescribe drugs "authorized prescribers" for the purposes of Ontario's Exceptional Access Program (EAP).

In accordance with section 16 of the Ontario Drug Benefit Act (ODBA), the EAP provides funding for drugs that are not listed on the Ontario Drug Benefit (ODB) Formulary for ODB Program recipients on a case-by-case basis. In order to fund a drug product under the EAP for a specific ODB Program recipient, the Executive Officer of Ontario Public Drug Programs must receive a funding request from an "authorized prescriber". The ODBA defines "authorized prescriber" to mean an Ontario physician, Ontario nurse practitioner, or any other person or class of persons specified in a regulation made by the Minister of Health.

Some ODB Program recipients living in Ontario near the Manitoba or Quebec borders are closer to a physician or nurse in Manitoba or Quebec, than a physician or nurse in Ontario. To facilitate these recipients' access to a physician or nurse who can submit an EAP request, the Ministry is proposing a new regulation under the ODBA to make these Quebec and Manitoba physicians and nurses "authorized prescribers" for the purposes of the EAP.

The proposed regulation is based on an existing policy-based pilot that has allowed Quebec and Manitoba physicians to submit EAP requests for ODB Program recipients living in Ontario.

The proposed regulatory changes would have no costs involved, as the policy-based pilot described above is already in place. The proposed regulation would not change the number of funding requests submitted by prescribers to the EAP, but rather the types and locations of prescribers who submit the requests.
Contact Address:
3rd Flr,
5700 Yonge St,
Toronto, ON
M2M 4K5
Effective Date:
June 14, 2021