Drug company embroiled in Liberal cash-for-access controversy is still lobbying the federal government

Pharmaceutical giant Apotex, whose chairman pulled out of a cash-for-access fundraiser with Finance Minister Bill Morneau earlier in November, has not backed off its lobbying of the federal government. Records released Monday by the Office of the Commissioner of Lobbying of Canada show that Apotex lobbied government officials on Oct. 12 and Nov. 16.

Apotex chairman Barry Sherman is under investigation by Lobbying Commissioner Karen Shepherd for his involvement with a $500 a ticket Liberal party fundraiser held Nov. 7 featuring Bill Morneau. The Globe and Mail reported Sherman sold tickets and helped organize the event. Federal law prohibits lobbyists from selling tickets or organizing fundraisers for politicians if it creates an obligation for a government official.

Lobbyists are required to disclose communications with government officials by the 15th of the month following the interaction. On Oct. 12, officials from Apotex lobbied Doug Clark, executive director of the Patented Medicine Prices Review Board. That communication should have been filed by Nov. 15, when Conservative MPs were grilling the Liberals on the fundraisers in the House of Commons.

“Any monthly communication report filed after the 15th of the month following the communication is late,” said a spokesperson for the Office of the Commissioner of Lobbying, adding: “In cases of late filing, the Office contacts the registrant and ensures that they understand the requirement in the Lobbying Act to file communication reports on time.” Apotex did not immediately respond to a request for comment.

In September 2014, the Federal government banned Apotex from importing products from its Indian facilities citing “significant concerns” about how research data was handled. The Federal court subsequently cancelled the ban and allowed Apotex to import from India. However, Health Canada put inspectors in Apotex’s Canadian facilities and retested any product from India before allowing them to be sold in Canada.

Apotex is currently suing the government for $500 million, claiming financial and reputational damage from the ban. Morneau sits on the cabinet committee on litigation management. While the $500-million claim has received most of the attention, Apotex’s suit includes another provision: they want a data-integrity requirement dropped for new drug applications, making it easier to sell drugs in Canada —potentially including those manufactured in India.

On Nov. 16, Apotex lobbied Innovation Minister Navdeep Bains and three staff from his ministry on the topics of industry and international trade. On Oct. 28, Bains was the main attraction at a cash-for-access fundraiser in Kleinburg, Ont. where tickets cost up to $400.

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