Code of Conduct

Complaint Process

Rx&D Code of Conduct - IPRC Guidelines for Complaint Receipt and Adjudication
(Rev. 2 - July 10, 2006)

1. Contact Address
   Complaints must be submitted in writing and sent to Rx&D by mail or email to the addresses below for tracking purposes. Verbal, telephone or fax complaints will not be accepted.
   
   All complaints should be addressed to:
   
   Canada's Research-Based Pharmaceutical Companies (Rx&D)
   Les compagnies de recherche pharmaceutique du Canada (Rx&D)
   55 rue Metcalfe Street, Suite/bureau 1220, Ottawa, ON K1P 6L5
   Attention: Industry Practices Review Committee c/o Director of Industry Practices
    
   You may also send your complaints to the following email address: complaints@canadapharma.org
    
2. Subject of Complaint
   Complaints must specify the Rx&D member company against which the complaint is being made. Complainants are advised that the Code applies to Rx&D members. It does not apply to generic drug companies, or to innovative pharmaceutical companies that are not Rx&D members. A list of member companies is available on Rx&D's website at: canadapharma.org/Members.
    
3. Complainant Identity and Contact Information
   Complainant Identity and Contact Information. Each complainant must identify him or herself, and any company/organization/association with which they are affiliated. Full return address and contact information must also be provided. Anonymous complaints or complaints with inadequate complainant contact information will not be considered. Unless the complainant has identified him or herself to the member company that is the subject of the complaint, Rx&D will not identify the complainant to the member company during the investigation and adjudication process. Member companies that are complainants are encouraged to identify themselves. However, complainants are hereby notified that in the event that a Code complaint decision of the Industry Practices Review Committee is appealed (by either the complainant or the member company, and unless the complainant chooses to discontinue the complaint upon appeal by the member company), the complainant's identity will be disclosed, and the complainant will be required to participate in the arbitration process.
    
4. Complaint Information
   Complainants must set out in writing as much specific information as possible (who/what/when/where) regarding their complaint. Evidence in the form of documentation and/or photographs is permissible, but complainants are advised that Rx&D may not return any materials submitted. Complainants are advised that the provision of timely, clear and accurate information will greatly assist in the processing of the complaint. Complaints regarding potential Code breaches that are determined to have occurred more than one hundred and twenty (120) days after the event(s) giving rise to the complaint(s) became known to, or reasonably ought to have been known to, the complainant, will not be considered by the IPRC.
    
5. Code of Conduct Reference.
   If at all possible, complainants should set out what section(s) of the Code of Conduct the complainant believes has been violated. Correct references to the Code will facilitate the processing of a complaint. The Code is available in English on Rx&D's website at Rx&D's website
    
6. Exchange of Information
   Before the complaint is formally reviewed by the IPRC and without prejudice to the complaint, the Director of Industry Practices will attempt to engage the disputing parties in an initial exchange of information. This normally involves the Director of Industry Practices seeking a timely written response to the complaint by the Member that is subject to the complaint. Subject to the Member's agreement, this response will be shared with the complainant. If the complainant wishes to withdraw the complaint, the complaint process is terminated at this point. A letter confirming that the file has been closed will be sent from the Director of Industry Practices to both parties. Otherwise the Director of Industry Practices will refer the complaint file to the IPRC for adjudication.
    
7. Follow up Enquiries
   Complainants should also be aware that in order to process and adjudicate the complaint, follow up enquiries from Rx&D may be required. Failure to respond to such enquiries may result in the discontinuation of the complaint process.
    
8. Advertising Related Complaints
   Complaints regarding member company advertising issues should not be directed to Rx&D, but rather should be directed to the Pharmaceutical Advertising Advisory Board (PAAB) at:
    
   Pharmaceutical Advertising Advisory Board
   375 Kingston Road
   Pickering, ON
   LIV IA3
    
9. Language of Complaints
   Complainants may submit complaints in accordance with these requirements in English or in French.
    
10. Timeframes
    The Code sets out various timeframes for the processing and adjudication of complaints. While the IPRC and Rx&D staff attempt to adhere to these timeframes wherever reasonably possible, logistics and other commitments of the volunteer members may preclude strict compliance. In an effort to minimize possible scheduling conflicts between the members, the IPRC will pre-schedule at least four (4) meetings throughout the year. The IPRC and Rx&D staff will attempt to ensure that any delays do not unduly prejudice either party to a complaint.
     
11. Good Faith
    Rx&D wishes to ensure that all complaints submitted in accordance with this process have been filed by the complainant in good faith. Rx&D reserves the right to reject complaints that are determined to be frivolous, vexatious, and abusive to Rx&D and/or its member companies, moot, or otherwise made in bad faith.
     
12. Transparency
    Rx&D encourages transparency, especially in regard to the Code of Conduct. To that end, a record of all Code-related complaints (i.e., the number of complaints lodged, withdrawn, rejected or adjudicated) will be made available on the Members' website and published in Rx&D Update. Only on the occasions where the IPRC determines an infraction will the Member's name be published in on the Members' website and in Rx&D Update.
    
    Only on the occasions where the IPRC determines an infraction will the Members name be published in on the Members' website and in Rx&D Update.

NOTE: In the event that any of the following complaint requirements are not followed, complainants are advised that Rx&D reserves the right to reject their complaint without further notice.