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The Pharmaceutical Act

S.M. 1991-92, c. 28

Bill 51, 2nd Session, 35th Legislature

The Pharmaceutical Act

(Assented to July 26, 1991)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART 1

DEFINITIONS

Definitions

1           In this Act,

"association" means the Manitoba Pharmaceutical Association; («Association»)

"by-laws" means by-laws of the council made under section 72; («règlements administratifs»)

"council" means the council of the association; («conseil»)

"court" means the Court of Queen's Bench; («cour»)

"dentist" means a person licensed to practice dentistry in a province or territory of Canada; («dentiste»)

"dispense" means to provide a drug pursuant to a prescription but does not include the administration of a drug; («dispenser»)

"drug" means

(a) a substance or mixture of substances manufactured, sold or represented for use in

(i) the diagnosis, treatment, mitigation or prevention of a disease, disorder, abnormal physical state, or the symptoms thereof, in humans, animals, fish or fowl, or

(ii) the restoration, correction or modification of organic functions in humans, animals, fish or fowl,

and includes a substance that is produced in whole or in part by a synthetic process either alone or in conjunction with another substance, but does not include a proprietary medicine as defined from time to time by the regulations made under the Food and Drugs Act (Canada) unless the proprietary medicine is named in the regulations under this Act, and

(b) a substance named in the regulations under this Act; («drogue»)

"licensed pharmacist" means a pharmacist who holds an annual licence under section 14; («pharmacien autorisé»)

"medical practitioner" means a person licensed to practice medicine in a province or territory of Canada; («médecin»)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; («ministre»)

"pharmacist" means a person registered as a pharmacist under this Act; («pharmacien»)

"pharmacy" means a facility used for the practice of pharmacy; («pharmacie »)

"pharmacy licence" means a licence to operate a pharmacy issued under section 49; («permis de pharmacie»)

"practice of pharmacy" means

(a) responsibility for preparing, distributing and controlling drugs in a pharmacy,

(b) compounding a prescription,

(c) dispensing a drug,

(d) selling a drug by retail,

(e) operating a pharmacy insofar as the operation relates to the practice of pharmacy,

(f) disseminating information on the safe and effective use of a drug when dispensing or selling a drug, or

(g) subdividing or breaking up a manufacturer's original package of a drug for the purpose of re-packaging the drug in larger or smaller quantities for re-distribution or sale by retail; («exercice de la pharmacie »)

"prescription" means a direction given by a medical practitioner, dentist or veterinary surgeon directing that a stated amount of a drug specified in the direction be dispensed for the person, animal, fish or fowl named in the direction; («ordonnance»)

"register" means the register under section 8; («registre»)

"registrar" means the registrar or the registrar-treasurer appointed under subsection 6(7); («registraire»)

"regulations" means the regulations made under Part 9; («règlements»)

"sell" means to offer for sale, expose for sale, have in possession for sale, or distribute whether or not the distribution is made for consideration; («vendre »)

"student" means a person registered as a student under section 15; («étudiant»)

"veterinary surgeon" means a person licensed to practise veterinary medicine, veterinary surgery or veterinary dentistry in a province or territory of Canada. («vétérinaire»)

PART 2

PRACTICE OF PHARMACY

Exclusive right to practise pharmacy

2(1)        Subject to subsections (2) and (3), a person is guilty of an offence who, not being a pharmacist, engages in the practice of pharmacy.

Application to other persons

2(2)        Nothing in this Act

(a) applies to a person who is authorized by law to sell drugs to a pharmacist, medical practitioner, dentist or a veterinary surgeon;

(b) applies to a wholesale dealer who supplies drugs in the ordinary course of wholesale dealing, if the drugs are in sealed manufacturers' packages and the person who receives them is authorized by this Act to sell the drugs by retail;

(c) prevents a medical practitioner, dentist or veterinary surgeon from supplying or administering a drug to a person, animal, fish or fowl requiring it;

(d) prevents a nurse from administering a drug on the direction of a medical practitioner or a dentist;

(e) prevents a medical practitioner, dentist or veterinary surgeon from compounding a prescription or dispensing a drug if to do so is permitted by the regulations and the prescription is compounded and the drug is dispensed in accordance with the regulations.

Saving provisions

2(3)        Nothing in this Act prevents a person from selling or keeping for sale a drug that under the regulations to the Food and Drugs Act (Canada) may be sold for agricultural or veterinary purposes without a prescription.

Representation as pharmacist

3(1)        No person except a pharmacist shall

(a) represent or hold out, expressly or by implication, that he or she is entitled to engage in the practice of pharmacy, or represent or hold himself or herself out as a pharmacist; or

(b) use any sign, display, title or advertisement implying that the person is a pharmacist.

Use of titles

3(2)        No person except a pharmacist shall use the following titles:

(a) pharmacist;

(b) pharmaceutical chemist;

(c) druggist;

(d) apothecary;

(e) dispensing chemist;

or any similar designation or any suffix, prefix, word, title or designation, abbreviated or otherwise, implying that the person is registered as a member of the association or engaged in or entitled to engage in the practice of pharmacy.

PART 3

MANITOBA PHARMACEUTICAL ASSOCIATION

Association

4(1)        "The Manitoba Pharmaceutical Association" is continued as a body corporate.

Powers

4(2)        The association has the capacity and, subject to this Act, the rights, powers and privileges of a natural person.

Membership

4(3)        The membership of the association consists of the persons whose names are on the register and who have paid the fees prescribed in the by-laws.

Meetings

4(4)        A general meeting of the association shall be held at least once a year and special general meetings of the association shall be held when the council considers it advisable.

Notice of meetings

4(5)        Notice of the time and place of each meeting referred to in subsection (4) shall be given in accordance with the by-laws.

Qualification to vote

4(6)        Every member who is a licensed pharmacist is entitled to vote at a meeting of the association.

Council established

5(1)        There is hereby established a governing body of the association called the council.

Council to manage affairs

5(2)        The council shall manage and conduct the business and affairs of the association and exercise the rights, powers and privileges of the association in the name and on behalf of the association.

Composition of council

6(1)        The council shall consist of not less than eight members, two of whom are lay members appointed under subsection (2), and the balance of whom are elected from the members of the association in accordance with the by-laws.

Lay members

6(2)        The lay members, who must not be and must never have been pharmacists, are to be appointed by the minister for two year terms.

Lay member's term

6(3)        A lay member continues to hold office after the expiry of his or her term until the member is reappointed or a successor is appointed.

Remuneration

6(4)        The members of the council shall be paid such remuneration and expenses as the council may determine.

Ex officio members

6(5)        The immediate past president of the association and the dean of the faculty of pharmacy of the University of Manitoba, or during the absence or incapacity of the dean, the acting dean, are ex officio members of council who have voting rights on the council.

Officers

6(6)        The members of the council shall elect from among themselves the officers of the association specified in the by-laws in the manner and for the term specified in the by-laws.

Registrar and staff

6(7)        The council shall appoint a registrar or a registrar-treasurer and may appoint other officers, inspectors or staff that it considers necessary to perform the work of the association.

Council to convene meetings

7           Upon a written request signed by at least 5% of the members of the association entitled to vote, the council shall convene a special general meeting for the purpose specified in the request after giving notice of the time and place of the meeting in accordance with the by-laws.

PART 4

REGISTRATION AND LICENSING

Registers

8           The registrar shall, subject to the direction of the council, maintain the following registers:

(a) a register of pharmacists;

(b) a register of students;

(c) a register of licensed pharmacists;

(d) a register of licensed pharmacies;

(e) a register of licensed pharmacists who hold a pharmacy licence.

Board of examiners

9           The council shall, in accordance with the by-laws, appoint a board of examiners to consider and decide on applications for registration under section 10.

Registration of pharmacists

10(1)       An application for registration as a pharmacist shall be approved by the board of examiners if the applicant

(a) produces evidence satisfactory to the board of examiners showing that

(i) the applicant has obtained a degree in pharmacy from a college, school or faculty of pharmacy approved by the council, or the board of examiners is satisfied that the applicant's academic qualifications are substantially equivalent to a degree in pharmacy from an approved college, school or faculty of pharmacy, and

(ii) the applicant has passed any examination that is set or approved by the council;

(b) is a resident of Canada and is sufficiently acquainted with one of the official languages of Canada so as to be able to competently discharge the duties of a pharmacist;

(c) establishes that his or her name has not been removed for cause from the register of an association of persons authorized to engage in the practice of pharmacy in Canada or elsewhere;

(d) establishes that he or she has not been suspended as a result of professional misconduct by an association of persons governing the practice of pharmacy in Canada or elsewhere;

(e) is not less than 18 years of age;

(f) pays the fee prescibed in the by-laws; and

(g) meets any other requirements prescribed in the regulations.

Entry in register

10(2)       The registrar shall enter in the register of pharmacists the name of a person whose application for registration is approved by the board of examiners.

Certificate of registration

10(3)       On entering the name of a person in the register, the registrar shall issue a certificate of registration to the person.

Application for registration not approved

11          If the board of examiners does not approve an application for registration, it shall give notice to the applicant in writing, with reasons for its decision, and shall advise the applicant of the applicant's right to appeal the decision of the board of examiners to the council.

Appeal to council

12(1)       A person whose application for registration as a pharmacist is not approved by the board of examiners may, by notice in writing within 30 days of receipt of a notice of refusal, appeal the decision of the board of examiners to the council, specifying the reasons for the appeal.

Hearing

12(2)       On receipt of a notice of appeal under this section, the council shall schedule an appeal of the applicant's application for registration within 90 days after receipt of the notice of appeal by the council.

Notification of hearing

12(3)       An applicant who appeals a decision of the board of examiners under this section

(a) shall be given notice in writing by the council of the date, place and time of the appeal; and

(b) is entitled to appear with counsel and make representations to the council at the appeal.

Participation by board of examiners

12(4)       A member of the board of examiners who is also a member of the council may participate in the appeal but shall not vote on a decision under this section.

Decision by council

12(5)       On considering an appeal under this section, the council may make any decision the board of examiners could have made and shall give the applicant written notice of its decision.

Appeal from decision of council

13(1)       A person whose application for registration as a pharmacist is refused by the council may appeal the decision to the court by filing a notice of appeal within 30 days from the date on which the applicant is informed of the refusal.

Powers of court on appeal

13(2)       The court on hearing an appeal may

(a) make any decision that in its opinion should have been made; or

(b) refer the matter back to the council for further consideration in accordance with any direction of the court.

Annual licence fee

14(1)       A pharmacist who is engaged in the practice of pharmacy shall pay to the association the annual licence fee prescribed in the by-laws.

Issuance of annual licence

14(2)       On payment of the annual licence fee, the registrar shall issue an annual licence in a form approved by the council to a pharmacist

(a) whose registration is not under suspension or cancelled; and

(b) who meets any other requirements or conditions prescribed in the regulations for the issuance of an annual licence.

Entitlement to practise

14(3)       Subject to this Act, an annual licence entitles a pharmacist to engage in the practice of pharmacy during the year for which the annual licence is issued and to represent or hold out that he or she is a pharmacist.

Duration of licence

14(4)       An annual licence remains in force for the time prescribed in the by-laws and may be renewed in accordance with this Act and the by-laws.

Registration of students

15(1)       An application for registration as a student shall be approved by the registrar if the applicant

(a) is a student in the faculty of pharmacy of the University of Manitoba, or is completing any further educational requirements prescribed in the regulations;

(b) pays the fee prescribed in the by-laws; and

(c) meets any other requirements prescribed in the regulations.

Appeal from refusal to register

15(2)       A person whose application for registration as a student is refused under subsection (1) may appeal the refusal to the council, in which case section 12 applies with necessary modifications.

PART 5

DISCIPLINE

Definitions

16          In this Part,

"conduct" includes an act or omission; («conduite»)

"investigated person" means

(a) a pharmacist, or

(b) in a case to which subsection 18(2) applies, a former pharmacist,

in respect of whose conduct an investigation is conducted or a hearing is held under this Part. («personne visée par l'enquête»)

COMPLAINTS COMMITTEE

Complaints committee

17          The council shall, in accordance with the by-laws, appoint a complaints committee consisting of

(a) one member of the council who is a pharmacist;

(b) one lay member of the council; and

(c) one member of the association who is not a member of the council.

Complaints

18(1)       Any person, including an inspector appointed under section 64, may make a complaint in writing to the registrar about the conduct of a pharmacist and the complaint shall be dealt with in accordance with this Part and the regulations.

Complaints against former members

18(2)       If, after the certificate of registration, annual licence or pharmacy licence of a pharmacist is suspended, cancelled or not renewed under this Act or any predecessor to this Act,

(a) a complaint is made about the former pharmacist; and

(b) the complaint relates to conduct occurring before the suspension, cancellation or failure to renew occurred;

the complaint may, notwithstanding the suspension, cancellation or failure to renew, be dealt with within two years following the date of suspension, cancellation or failure to renew as if the suspension or cancellation or failure to renew had not occurred.

Referral to complaints committee

19          The registrar shall

(a) if a complaint is made under section 18; or

(b) if the registrar has reason to believe that the conduct of a member constitutes or may constitute unskilled practice of pharmacy or professional misconduct;

refer the matter to the complaints committee.

Preliminary investigation

20(1)       On referral of a matter to the complaints committee, the complaints committee may direct that a preliminary investigation into the conduct of a member be held and may appoint an inspector or other person to conduct the preliminary investigation.

Records and information

20(2)       A person conducting a preliminary investigation may require the investigated person

(a) to produce to the person any records in the possession of or under the control of the investigated person; and

(b) to attend at the preliminary investigation.

Failure to produce records

20(3)       The association may apply ex parte to the court for an order

(a) directing the investigated person to produce to the person conducting a preliminary investigation any records in his or her possession or under his or her control, if it is shown that the investigated person failed to produce them when required by the person conducting the preliminary investigation; or

(b) directing any person to produce to the person conducting a preliminary investigation any records that are or may be relevant to the complaint being investigated.

Investigation of other matters

20(4)       A person conducting a preliminary investigation may investigate any other matter related to the professional conduct or the skill in practice of the investigated person that arises in the course of the investigation.

Report to complaints committee

20(5)       On concluding the preliminary investigation, the person conducting it shall report his or her findings to the complaints committee.

Decision of complaints committee

21(1)       The complaints committee may, after review or preliminary investigation,

(a) direct that the matter be referred, in whole or in part, to the discipline committee;

(b) direct that the matter not be referred to the discipline committee;

(c) accept the voluntary withdrawal of a member of his or her right to practise pharmacy;

(d) issue a formal, written caution to the member censuring the member's conduct.

Decision served on investigated person and complainant

21(2)       The complaints committee shall serve on the investigated person and the complainant a notice setting out the decision of the complaints committee under subsection (1) and the reasons for the decision.

Hearing not required

21(3)       The complaints committee is not required to hold a hearing or to afford to any person an opportunity to appear or to make oral submissions before making a decision or giving a direction under this section, except that the committee shall not issue a caution under clause (1)(d) without first meeting with the investigated person.

Voluntary withdrawal

22(1)       If the complaints committee accepts a voluntary withdrawal under clause 21(1)(c), it may direct the member to obtain counselling or treatment.

Conditions

22(2)       A voluntary withdrawal remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the preliminary investigation has been resolved, at which time the complaints committee may impose conditions on the member's entitlement to engage in the practice of pharmacy, including conditions that the member

(a) practise under supervision;

(b) not engage in sole practice;

(c) permit periodic inspections by a person authorized by the complaints committee to carry out inspections;

(d) permit periodic audits of records; or

(e) report to the complaints committee or the registrar on specific matters.

Referral to discipline committee

22(3)       Notwithstanding the acceptance of a voluntary withdrawal by the complaints committee, the complaints committee may at any time refer the conduct or complaint that was the subject of the preliminary investigation to the discipline committee.

Appeals committee

23          The council shall, in accordance with the by-laws, appoint an appeals committee consisting of three persons, two of whom are members of the council and one of whom is a lay person appointed either under subsection 6(2) or from the roster of persons appointed under subsection 26(4).

Appeal by complainant to appeals committee

24(1)       A complainant who is served with a notice under subsection 21(2) directing that a matter not be referred to the discipline committee may, by notice in writing to the registrar, mailed within 30 days of the service of the notice on the complainant, appeal that direction to the appeals committee.

Power on appeal

24(2)       On an appeal under subsection (1), the appeals committee shall do one or more of the following:

(a) make any decision that in its opinion ought to have been made by the complaints committee;

(b) quash, vary or confirm the decision of the complaints committee;

(c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the appeals committee may make.

Decision served on investigated person and complainant

24(3)       The appeals committee shall give notice to the investigated person and the complainant in writing of its decision and the reasons for its decision.

Suspension pending decision

25(1)       Notwithstanding anything in this Act, the complaints committee may, when there is a question of serious risk to the public, suspend one or more of the certificate of registration, annual licence or pharmacy licence of the investigated person pending the outcome of proceedings under this Part.

Application for stay

25(2)       The investigated person may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the complaints committee under subsection (1).

DISCIPLINE COMMITTEE

Discipline committee

26(1)       There shall be a discipline committee consisting of not less than five persons appointed by the council in accordance with this section.

Membership

26(2)       At least three members of the discipline committee shall be members of the council and at least one member of the discipline committee shall be a lay person who is not and has never been a pharmacist.

Lay members

26(3)       A lay member of the discipline committee shall be

(a) a person appointed as a lay member of the council under subsection 6(2); or

(b) a lay person named in a roster established under subsection (4).

Roster of lay members

26(4)       The minister may appoint a roster of persons who are not and have never been pharmacists who may act as members of the discipline committee and of the appeals committee under section 23.

Chairperson

26(5)       The discipline committee shall elect from among its members a chairperson and a vice-chairperson.

Members not to have taken part in investigation

26(6)       No person who is a member of the complaints committee or the appeals committee shall be a member of the discipline committee.

Procedure

27          Subject to the approval of the council, the discipline committee shall determine its own practice and procedure.

Hearing by discipline committee

28(1)       On referral of a matter to the discipline committee under clause 21(1)(a), the discipline committee shall hold a hearing.

Date of hearing

28(2)       The hearing before the discipline committee shall commence on a date within 120 days after the date on which the matter is referred.

Notice of hearing

28(3)       At least 30 days before the date of the hearing, the registrar shall serve on the investigated person and the complainant a notice of hearing stating the date, time and place at which the discipline committee will hold a hearing and identifying in general terms the complaint or matter in respect of which the hearing will be held.

Right to appear and be represented

28(4)       The association and the investigated person may appear and be represented by counsel at a hearing before the discipline committee.

Examination of documentary evidence

28(5)       An investigated person shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing.

Adjournments

28(6)       The chairperson of the discipline committee may adjourn a hearing from time to time.

Investigation of other matters

28(7)       The discipline committee may investigate and hear any other matter concerning the conduct of an investigated person that arises in the course of its proceedings, but in that event the committee shall declare its intention to investigate the further matter and shall permit the investigated person sufficient opportunity to prepare his or her answer to the further matter.

Hearings open to public

29(1)       A hearing shall be open to the public unless the discipline committee is satisfied that

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;

(c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or

(d) the safety of a person may be jeopardized.

Exclusion of public

29(2)       If subsection (1) does not require a hearing to be open to the public, the discipline committee may make an order that the public be excluded from the hearing or any part of it and it may make other orders it considers necessary to prevent the public disclosure of matters disclosed at the hearing, including orders banning the publication or broadcasting of those matters.

Public information may be disclosed

29(3)       No order shall be made under subsection (2) that prevents the publication of anything that is contained in the register and available to the public.

Exclusion of public during certain motions

29(4)       The discipline committee may make an order that the public be excluded from the part of a hearing dealing with a motion for an order under subsection (2).

Orders with respect to matters in submissions

29(5)       The discipline committee may make any order necessary to prevent the public discloure of matters disclosed in the submissions relating to any motion described in subsection (4), including prohibiting the publication or broadcasting of those matters.

Reasons for order to exclude public, etc., available to public

29(6)       The discipline committee shall ensure that any order it makes under this section and its reasons are available to the public in writing.

Reconsidering of order to exclude public, etc.

29(7)       The discipline committee may reconsider an order made under subsection (2) at the request of any person or on its own motion.

Evidence

30(1)       At a hearing of the discipline committee, the oral evidence of witnesses shall be taken on oath and there shall be a full right to cross examine witnesses and call evidence in defence and reply.

Power to administer oaths

30(2)       For the purpose of an investigation or hearing under this Act, the registrar and the chairperson of the discipline committee have power to administer oaths and affirmations.

Recording of evidence

30(3)       The oral evidence given at a hearing of the discipline committee shall be recorded.

Witnesses

31          The investigated person and any other person who, in the opinion of the discipline committee, has knowledge of the complaint or matter being investigated are compellable witnesses in any proceeding under this Part.

Notice to attend and produce records

32(1)       The attendance of witnesses before the discipline committee and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.

Registrar shall provide notices

32(2)       On the written request of the investigated person or the person's counsel or agent, the registrar shall provide any notices that the person requires for the attendance of witnesses or the production of records.

Witness fees

32(3)       A witness, other than the investigated person, who has been served with a notice to attend or a notice for production under subsection (1) or (2) is entitled to be paid the same fees in the same manner as are payable to a witness in an action in the court.

Failure to attend or give evidence

33(1)       Proceedings for civil contempt of court may be brought against a witness

(a) who fails to attend before the discipline committee in compliance with a notice to attend;

(b) who fails to produce any records in compliance with a notice to produce them; or

(c) who refuses to be sworn or to answer any question he or she is directed to answer by the discipline committee.

Failure by investigated person

33(2)       If the witness referred to in subsection (1) is the investigated person, the failure or refusal to attend may be held to be professional misconduct.

Hearing in absence of investigated person

34          The discipline committee, on proof of service on the investigated person of the notice of hearing, may

(a) proceed with the hearing in the absence of the investigated person or the person's agent; and

(b) act, decide or report on the matter being heard in the same way as if the investigated person were in attendance.

Unskilled practice or misconduct

35          Conduct of an investigated person that in the opinion of the discipline committee

(a) is detrimental to the public interest;

(b) contravenes this Act or the regulations or the code of ethics adopted under section 73;

(c) contravenes an Act of the Parliament of Canada or of the Legislature relating to the sale of drugs, poisons or alcohol;

(d) displays a lack of knowledge of or lack of skill or judgment in the practice of pharmacy; or

(e) demonstrates incapacity or unfitness to practise pharmacy or demonstrates that the person is suffering from an ailment that might, if the person is allowed to continue to practise pharmacy, constitute a danger to the public;

constitutes either unskilled practice of pharmacy or professional misconduct, whichever the discipline committee finds.

Findings of discipline committee

36(1)       The discipline committee may find that the conduct of an investigated person constitutes neither unskilled practice of pharmacy nor professional misconduct.

Finding of unskilled practice or professional misconduct

36(2)       The discipline committee may find that the conduct of an investigated person constitutes unskilled practice of pharmacy or professional misconduct, or both, and shall deal with the investigated person in accordance with this Part.

Orders of discipline committee

37(1)       If the discipline committee finds that the conduct of an investigated person constitutes unskilled practice of pharmacy or professional misconduct, or both, the committee may make any one or more of the following orders:

(a) reprimand the investigated person;

(b) suspend one or more of the certificate of registration, annual licence, or pharmacy licence of the investigated person for a stated period;

(c) suspend one or more of the certificate of registration, annual licence or pharmacy licence of an investigated person until

(i) the investigated person has completed a specified course of studies or obtained supervised practical experience, or

(ii) the committee is satisfied as to the competence of the investigated person to practise pharmacy;

(d) accept in place of a suspension the investigated person's undertaking to limit his or her practice;

(e) impose conditions on the investigated person's entitlement to engage in the practice of pharmacy, including the conditions that he or she

(i) practise under supervision,

(ii) not engage in sole practice,

(iii) not function as a holder of a pharmacy licence for a specified period,

(iv) permit periodic inspections by a person authorized by the committee to carry out inspections,

(v) permit periodic audits of records, or

(vi) report to the committee or the council on specific matters;

(f) direct the investigated person to pass a particular course of study or satisfy the committee or the council as to the person's competence;

(g) direct the investigated person to satisfy the committee that a disability or addiction can be or has been overcome, and suspend one or more of the certificate of registration, annual licence or pharmacy licence of the investigated person until the committee is so satisfied;

(h) require the investigated person to take counselling that in the opinion of the committee is appropriate;

(i) direct the investigated person to waive, reduce or repay money paid to the investigated person that, in the opinion of the committee, was unjustifed for any reason;

(j) cancel one or more of the certificate of registration, annual licence or pharmacy licence of the investigated person.

Committee may consider cautions

37(2)       To assist the discipline committee in making an order under this section, the committee may be advised of any formal, written caution previously issued to the member under clause 21(1)(d) and the circumstances under which it was issued.

Cancellation or suspension of certificate, etc.

37(3)       When the certificate of registration or the annual licence of a member is suspended or cancelled, the member shall not practise pharmacy during the period of the suspension or cancellation, and any pharmacy licence issued in that person's name shall be cancelled.

Ancillary orders

37(4)       The discipline committee may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including that

(a) a further or new investigation be held into any matter; or

(b) the discipline committee be convened to hear a complaint without a preliminary investigation.

Contravention of order

37(5)       If the discipline committee is satisfied that an investigated person has contravened an order under subsection (1), it may, without a further hearing, cancel or suspend one or more of the certificate of registration, annual licence or pharmacy licence held by the investigated person.

Costs and fines

38(1)       The discipline committee may, in addition to or instead of dealing with the conduct of an investigated person in accordance with section 37, order that the investigated person pay to the association

(a) all or part of the costs of the investigation, hearing and appeal;

(b) a fine not exceeding $10,000.; or

(c) both the costs under clause (a) and the fine under clause (b);

within the time set by the order.

Filing of order

38(2)       The association may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.

Written decision

39(1)       The discipline committee shall, following the completion of a hearing, make a written decision on the matter consisting of the reasons for its decision, and a statement of any order made by it.

Decision forwarded to registrar

39(2)       The discipline committee shall forward to the registrar

(a) the decision;

(b) the record of the proceedings, consisting of all evidence presented before it, including all exhibits and documents.

Service of decision

39(3)       The registrar shall, on receiving the decision and record, serve a copy of the decision on the investigated person and the complainant.

Copies of transcript

39(4)       The investigated person may examine the record of the proceedings before the discipline committee, and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the committee.

Publication of decision

40          Notwithstanding that any proceeding or part of a proceeding under this Part may have been held in private, the association may, after the expiration of any appeal period, publish

(a) the name of an investigated person in respect of whom an order is made under section 37 or 38; and

(b) the circumstances relevant to the finding of unskilled practice of pharmacy or professional misconduct.

Stay pending appeal to council

41(1)       The decision of the discipline committee remains in effect pending an appeal to the council unless the council, on application, stays the decision pending the appeal.

Stay pending appeal to court

41(2)       The decision of the council remains in effect pending an appeal to the court unless the court, on application, stays the decision pending the appeal.

APPEAL TO COUNCIL

Appeal to council

42(1)       An investigated person or the complainant may appeal to the council a finding or an order, or both, of the discipline committee.

Notice of appeal

42(2)       An appeal under subsection (1) shall be commenced by a written notice of appeal which shall state the reasons for the appeal.

Notice to be served

42(3)       A notice of appeal under this section shall be served on the registrar within 30 days after the date on which the decision of the discipline committee is served on the investigated person.

Notice to members of council

42(4)       The registrar shall, on receiving a notice of appeal under subsection (3), give to each member of the council and to the investigated person and the complainant a copy of the notice of appeal and shall make available to each member of the council and to the investigated person and the complainant a copy of the record of the proceedings before the discipline committee and the decision of the discipline committee.

Notice of hearing of appeal

43(1)       The registrar shall, on receiving a notice of appeal under section 42, serve on the investigated person and the complainant a notice of hearing of the appeal stating the date, time and place of the hearing.

Date of hearing

43(2)       The hearing shall commence on a date within 120 days after the date of service of the notice of appeal on the registrar under subsection 42(3).

Right to appear and be represented

44(1)       The discipline committee, the investigated person and the complainant may appear and be represented by counsel at the hearing of an appeal before the council.

Discipline committee members may not participate

44(2)       The members of the discipline committee who heard the matter and whose decision is appealed from shall not participate or vote on the matter appealed to the council.

Quorum

44(3)       The council may perform its functions under this Part if it has a quorum that is set for that specific purpose by the by-laws.

Appeal on the record

44(4)       The appeal to the council shall be founded on the record of the proceedings before the discipline committee and the decision of the discipline committee.

Adjournments, further evidence

44(5)       The council on an appeal may

(a) grant adjournments of the proceedings or reserve the determination of the matters before it for a future meeting of the council;

(b) on granting special leave for that purpose, receive further evidence; and

(c) draw inferences of fact and make a determination or finding that, in its opinion, ought to have been made by the discipline committee.

Procedure

44(6)       Sections 29 to 34 apply to proceedings before the council, with necessary modifications.

Powers of council on appeal

44(7)       The council shall, within 90 days from the date of the conclusion of all proceedings before it, do any of the following:

(a) make any finding or order that in its opinion ought to have been made by the discipline committee;

(b) quash, vary or confirm the finding or order of the discipline committee or any part of the finding or order; or

(c) refer the matter back to the discipline committee for further consideration in accordance with any direction of the council.

Costs

44(8)       The council may make an award as to costs payable on the conclusion of an appeal before the council.

Written decision

45(1)       The council shall make a written decision on a matter it has dealt with in accordance with subsection 44(7) and forward the decision to the registrar.

Service of decision

45(2)       The registrar shall, on receiving the decision under subsection (1), serve a copy of the decision on the investigated person, the complainant and the discipline committee.

APPEAL TO COURT

Appeal to court

46(1)       An investigated person may appeal to the court any finding or order made by the council under subsection 44(7).

Commencement of appeal

46(2)       An appeal shall be commenced

(a) by filing a notice of appeal; and

(b) by giving a copy of the notice of appeal to the registrar;

within 30 days from the date on which the decision of the council is served on the investigated person.

Appeal on the record

46(3)       An appeal to the court shall be founded on the record of the hearing before the council and the decision of the council.

Powers of court on appeal

47          The court on hearing the appeal may

(a) make any finding or order that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the council or any part of it; or

(c) refer the matter back to the council for further consideration in accordance with any direction of the court.

PART 6

PHARMACIES

Practice only in a pharmacy

48(1)       A pharmacist may engage in the practice of pharmacy only in a licensed pharmacy.

Pharmacy licence

48(2)       No person shall establish or operate a pharmacy except under the authority of a pharmacy licence issued under this Part.

Application for licence

48(3)       An applicant for a pharmacy licence shall, at least 30 days prior to the date the applicant intends to operate a pharmacy,

(a) file an application with the registrar in a form and disclosing such information as the council may require;

(b) provide evidence satisfactory to the council

(i) respecting the ownership of the pharmacy, and if the applicant is a corporation, respecting the legal and beneficial ownership of the shares of the corporation,

(ii) as to the suitablility of the premises for the purpose of a pharmacy, and

(iii) that a licensed pharmacist will be present in the pharmacy at all times that the practice of pharmacy is being engaged in; and

(c) provide an undertaking that the name under which the pharmacy is operated will not contravene the code of ethics adopted by the association under section 73.

Application by person other than a pharmacist

48(4)       When the applicant is not a licensed pharmacist, the application shall indicate the name of a licensed pharmacist who is designated by the applicant as the manager of the pharmacy.

Application by corporation

48(5)       When the applicant is a corporation, the application shall set out

(a) the name of a licensed pharmacist who is designated by the applicant as the manager of the pharmacy;

(b) the name of every director of the corporation who is a licensed pharmacist; and

(c) the names and addresses of the directors of the corporation.

Issuance of pharmacy licence

49(1)       The registrar shall issue a pharmacy licence in a form approved by the council to an applicant if

(a) the applicant and the pharmacy and its proposed operation meet the requirements of this Part and the regulations; and

(b) the applicant pays the fee prescribed in the by-laws.

Terms and conditions

49(2)       The registrar may issue a pharmacy licence subject to terms and conditions.

Appeal from refusal to issue licence

49(3)       If the registrar refuses to issue a pharmacy licence or issues a licence subject to terms or conditions, the provisions of Part 4 concerning appeals from decisions of the board of examiners apply, with necessary modifications, as though the registrar were the board of examiners.

Register

50(1)       The registrar shall enter in the register of licensed pharmacies the name of a person to whom a licence is issued under section 49.

Duration and renewal of licence

50(2)       A pharmacy licence remains in force for the time prescribed in the by-laws and may be renewed in accordance with this Act and the by-laws.

Obligations of licence holder

51          The holder of a pharmacy licence shall

(a) ensure that a licensed pharmacist is present in the pharmacy at all times that the practice of pharmacy is being engaged in;

(b) ensure that the pharmacy licence and the annual licence of every licenced pharmacist employed in the pharmacy is displayed in a conspicuous public place in the pharmacy;

(c) notify the registrar in writing of the names of the pharmacy manager, any licensed pharmacist and any student employed by the licence holder, and notify the registrar of any change in employment of such persons within seven days of the change; and

(d) comply with any requirements prescribed in the regulations.

Referral to discipline committee

52(1)       When the registrar has reason to believe that a pharmacy or its operation fails to conform to the requirements of this Act and the regulations or to any term or condition to which the pharmacy licence is subject, the registrar may refer the matter to the discipline committee for a hearing and determination.

Part 5 procedures, etc. to apply

52(2)       Except as provided in subsection (3), the provisions of Part 5 apply, with necessary modifications, to an allegation referred to the discipline committee under subsection (1) as if the allegation was conduct or a complaint referred to the discipline committee under Part 5.

Application of Part 5 re orders

52(3)       Subsection (4) applies, instead of subsection 37(1) and clause 38(1)(b) of Part 5, to an allegation referred to the discipline committee under subsection (1).

Orders of discipline committee

52(4)       If the discipline committee finds that a person who has been issued a pharmacy licence has established or operated the pharmacy without conforming to the requirements of this Act and the regulations or to any term or condition to which the pharmacy licence is subject, it may make one or more of the following orders:

(a) reprimand the person;

(b) suspend the person's pharmacy licence for a stated period;

(c) direct the person to waive, reduce or repay money paid to the person that, in the opinion of the committee, was unjustified for any reason;

(d) cancel the person's pharmacy licence;

(e) if the person is a corporation, order that no member may engage in the practice of pharmacy in the pharmacy in which the situation that gave rise to the matter under investigation occurred, until the discipline committee is satisfied that

(i) the situation that gave rise to the matter under investigation has been corrected, or

(ii) the standards prescribed in this Act and the regulations have been met by the pharmacy;

(f) order the person to pay a fine to the association

(i) not exceeding $10,000., if the person is an individual, and

(ii) not exceeding $25,000., if the person is a corporation.

Suspension pending decision

53(1)       Notwithstanding anything in this Act, the registrar may, when there is a question of serious risk to the public,

(a) suspend a pharmacy licence; and

(b) order that no member may engage in the practice of pharmacy in a licensed pharmacy in which the situation that gave rise to the matter under investigation occurred;

pending the outcome of proceedings under this Part.

Application for stay

53(2)       The holder of a pharmacy licence may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the registrar under subsection (1).

Change in ownership of pharmacy

54          If the ownership or control of a licensed pharmacy changes in the manner and to the extent prescribed in the regulations or, when a corporation owns or operates a pharmacy, if a majority of the shares of the corporation are transferred, the holder of a pharmacy licence shall notify the registrar within seven days of the change, and the registrar may cancel the licence and may require that an application for a new pharmacy licence under this Part be made.

Carrying on business of bankrupt person

55          A holder of a pharmacy licence who becomes bankrupt or insolvent or makes an assignment for the benefit of creditors shall so notify the registrar, and the trustee in bankruptcy, liquidator or assignee may operate the pharmacy for the purposes of the bankruptcy, insolvency or assignment if the pharmacy is personally managed by a licensed pharmacist.

Use of titles

56          No person shall use any of the following designations in connection with a retail or wholesale business that is not a licenced pharmacy:

(a) "pharmacy", "drug store", "drug department", "drug sundries", or "drug mart";

(b) "drug" or "drugs";

(c) "prescription" or "prescriptions";

(d) "medicine";

or any similar designation or any suffix, prefix, word, title or designation, abbreviated or otherwise, implying that the business is licensed under this Act.

PART 7

SUSPENSION AND CANCELLATION OF CERTIFICATES OF REGISTRATION AND LICENCES

Suspension and cancellation of registration

57(1)       The certificate of registration, annual licence or pharmacy licence of a person is suspended or cancelled when a decision to suspend or cancel is made in accordance with this Act, or at a later time specifically directed by the complaints committee, the discipline committee, the council or the court.

Memorandum in register

57(2)       The registrar shall, when a decision is made to suspend or cancel a certificate of registration, an annual licence or a pharmacy licence or when other disciplinary action is taken, enter a memorandum to that effect in the appropriate register.

Surrender of licence, etc.

57(3)       A person whose certificate of registration, annual licence or pharmacy licence is cancelled shall surrender the certificate or licence, as the case may be, to the registrar.

Death of member

57(4)       If the registrar is satisfied that a person registered under this Act has died, the registrar shall enter a memorandum to that effect in the register.

Suspension on default of fees

58          At the direction of the council, the registrar may suspend one or more of the certificate of registration, annual licence or pharmacy licence of a person for non-payment of annual licence fees, penalties or costs payable under this Act after giving the person at least 30 days notice of the default and intention to suspend.

Cancellation of registration on request

59          A person may request the cancellation of his or her certificate of registration, annual licence or pharmacy licence by filing a written request with the registrar who shall then cancel the certificate or licence, as the case may be.

Cancellation of registration made in error

60          The council may direct the registrar to cancel a certificate of registration, annual licence or pharmacy licence issued in error.

Cancellation of registration for fraud

61          If the council is satisfied that a person obtained a licence or registration in a register under this Act by means of a false or fraudulent representation or declaration, the council shall order the cancellation of one or more of the certificate of registration, annual licence or pharmacy licence of that person.

Reinstatement

62(1)       The council may, upon application by a person whose certificate of registration, annual licence or pharmacy licence has been cancelled, direct the registrar to reinstate in the applicable register the name of the person whose certificate or licence has been cancelled.

Reinstatement subject to conditions

62(2)       The council may direct that the reinstatement of the name of a person under subsection (1) be subject to such conditions as the council may prescribe.

PART 8

GENERAL PROVISIONS

No misrepresentation of drugs

63(1)       No person shall knowingly sell a drug under the representation or pretense that it is a particular drug that it is not, or contains a substance that it does not.

Sales on prescription

63(2)       No pharmacist shall sell a drug that is specified in a regulation made under clause 74(b) except to a medical practitioner, dentist or veterinary surgeon or pursuant to a prescription of a medical practitioner, dentist or veterinary surgeon.

Copies of prescriptions

63(3)       Every person who presents a prescription to a pharmacist to be filled is entitled to a copy and the copy shall be plainly marked "copy", but the original prescription shall be retained by the pharmacy.

Appointment of inspectors

64(1)       The council may appoint one or more inspectors for the purposes of this Act.

Inspection of licensed pharmacy

64(2)       An inspector may inspect the operation of a licensed pharmacy and shall report his or her findings to the registrar on the conclusion of each inspection.

Entry of premises and inspection of records

65(1)       For the purpose of enforcing and administering this Act and the regulations, an inspector may at any reasonable time, and when requested, upon presentation of an identification card issued by the council,

(a) without a warrant, enter the business premises of a pharmacist or a pharmacy and make such inspections as may be reasonably required to determine compliance with this Act and the regulations;

(b) require the production of any record that the inspector reasonably considers necessary for the purpose of enforcing this Act and the regulations;

(c) inspect and, upon giving a receipt therefor, remove records or things relevant to the inspection for the purpose of making copies or extracts; and

(d) remove substances and things for examination or test purposes upon giving a receipt therefor.

Admissibility of copies

65(2)       A copy of a record made under clause (1)(c) and certified to be a true copy by the inspector is, in the absence of evidence to the contrary, admissible in evidence in any proceeding or prosecution as proof of the original record and its contents.

Entry with order

65(3)       When a justice is satisfied by information under oath that there are reasonable grounds for believing that it is necessary for an inspector to enter a building, vehicle or other place for the enforcement of this Act or the regulations, and

(a) a reasonable, unsuccessful effort to effect entry without the use of force has been made; or

(b) there are reasonable grounds for believing that entry would be denied without a warrant;

the justice may at any time, and if necessary upon application without notice, issue an order authorizing the inspector and such other persons as may be named in the order, with such peace officers as are required to assist, to enter the building or other place and to take such action that an inspector may take under subsection (1).

Obstruction of inspector

65(4)       No person shall obstruct an inspector or withhold from an inspector or conceal or destroy any records, documents, substances or things relevant to an inspection.

Service of documents

66          A notice, order or other document under this Act or the regulations is sufficiently given or served if it is

(a) delivered personally; or

(b) sent by registered mail, or by another service that provides the sender with proof of delivery, to the intended recipient at that person's last address appearing on the records of the association.

Registrar's certificate

67          A certificate purporting to be signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period,

(a) a member, a licensed pharmacist, or the holder of a pharmacy licence; or

(b) an officer or an inspector of the association or a member of the council or of a committee or board established under this Act, the regulations or the by-laws;

is, in the absence of evidence to the contrary, admissible in evidence in all courts and tribunals as proof of the facts stated in it without proof of the registrar's appointment or signature.

Proof of conviction

68          For the purpose of proceedings under this Act, a certified copy under the seal of the court or signed by the convicting justice or the Clerk of a Provincial Judges Court, of the conviction of a person for any crime or offence under the Criminal Code (Canada) or under any other Act or regulation is conclusive evidence that the person has committed the crime or offence stated, unless it is shown that the conviction has been quashed or set aside.

Protection from liability

69          No action lies against the association, the council, the registrar, a person conducting a preliminary investigation, an inspector, a member of a committee or board established under this Act or the regulations or the by-laws, or any officer or person acting on the instructions of any of them for anything done in good faith in the performance or intended exercise of any power under this Act, the regulations or the by-laws or for any neglect or default in the performance or exercise in good faith of such a duty or power.

Injunction

70          The court, on application by the council, may grant an injunction enjoining any person from doing any act that contravenes Part 2 or Part 6 notwithstanding any penalty that may be provided by this Act in respect of that contravention.

PART 9

REGULATIONS, BY-LAWS AND CODE OF ETHICS

Regulations made by the council

71(1)       The council may make regulations

(a) permitting the compounding of prescriptions and the dispensing of drugs by medical practitioners, dentists and veterinary surgeons and respecting the conditions under which such compounding and dispensing may be carried out;

(b) establishing requirements to be met by applicants for registration as pharmacists and students;

(c) prescribing further conditions to be met before a certificate of registration, an annual licence or a pharmacy licence is issued or renewed;

(d) providing for the evaluation of experience and training requirements for applicants for registration as members and for the examination of the applicants with respect to those requirements;

(e) prescribing standards for the practice of pharmacy;

(f) prescribing the records to be kept by pharmacists and holders of pharmacy licences and the length of time they must be kept;

(g) respecting the establishment, contents and maintenance of registers under section 8;

(h) respecting the removal from the registers of any memorandum or entry made in them under this Act or the regulations;

(i) providing for additional duties and functions of inspectors and the registrar;

(j) respecting the procedures for hearings and preliminary investigations by the complaints committee or a person appointed by the complaints committee, or by the discipline committee, in matters relating to the conduct or practice of members or holders of pharmacy licences whether or not a complaint has been made;

(k) respecting registration procedures;

(l) governing the publication of a notice of the suspension or cancellation of a certificate of registration, annual licence or pharmacy licence or of any other decision under Part 5 or 6 in a form and manner prescribed by the council;

(m) respecting conditions to be met by a person whose certificate of registration, annual licence or pharmacy licence has been suspended or cancelled under this Act and who is applying for reinstatement under section 62;

(n) respecting the conditions under which the name of a person whose certificate of registration, annual licence or pharmacy licence has been suspended or cancelled may be reinstated in a register and the conditions under which a certificate of registration, annual licence or pharmacy licence may be reissued;

(o) providing for the renewal of an annual licence or a pharmacy licence;

(p) prescribing conditions on the sale of drugs;

(q) prescribing the information required to be recorded on a prescription or a prescription label;

(r) governing the use of computers and other electronic devices in the practice of pharmacy;

(s) prescribing standards for pharmacies, including their operation and the maintenance, space, equipment and facilities required for them;

(t) prescribing the circumstances under which a change in ownership of a licensed pharmacy must be reported to the registrar under section 54.

Approval of regulations

71(2)       A regulation under subsection (1) does not come into force unless it is approved by

(a) a majority of members of the association

(i) present and voting at a general meeting, or

(ii) voting in a mail vote or other voting method conducted in accordance with the by-laws; and

(b) the Lieutenant Governor in Council.

By-laws

72(1)       The council may make by-laws

(a) for the government of the association and the management and conduct of its affairs;

(b) respecting the calling and conduct of meetings of the association and the council;

(c) respecting the nomination, election and number of council members and officers of the association, the filling of vacancies on the council and any committee or board established by the council and the appointment of ex officio members of the council and of any committee or board established by the council, and prescribing the term of office and the duties and functions of those members, officers and ex officio members;

(d) providing for the procedures for the election of pharmacists to the council;

(e) providing for the division of the province into districts and prescribing the number of council members to be elected from each district;

(f) governing the number of members that constitutes a quorum at meetings of the association and the council;

(g) governing the operation, proceedings and quorum of the complaints committee and the discipline committee, the appointment of acting members and ex officio members and the procedures for filling vacancies, and prescribing the terms of office, duties and functions of ex officio members;

(h) setting remuneration, fees and expenses payable to members of the council or of committees or boards established under this Act, the regulations or the by-laws for attending to the business of the association;

(i) respecting the fees payable by members and by applicants for registration;

(j) respecting the annual fee payable to the association in respect of an annual licence and a pharmacy licence;

(k) authorizing the council to prescribe the form of a certificate of registration, an annual licence, a pharmacy licence and any other form or document that may be required for the purposes of this Act, the regulations or the by-laws;

(l) respecting the holding of votes by mail or any other method on any matter relating to the association;

(m) governing the establishment, operation and proceedings of committees or boards, the appointment and revocation of members and acting members of those committees or boards and the procedures for filling vacancies on those committees or boards;

(n) setting the date on which an annual licence and a pharmacy licence expire;

(o) providing for the appointment and remuneration of officers and other employees of the association and prescribing their duties and functions;

(p) respecting the payment of sums of money or the providing of other assistance to other pharmaceutical associations;

(q) providing for the term of office of the registrar and the appointment of an individual as an acting registrar who has all of the powers, duties and functions of the registrar under this Act and the regulations when the registrar is absent or unable to act or when there is a vacancy in the office of registrar.

Amendments and repeal of by-laws

72(2)       After notice is given in accordance with the by-laws, a by-law under subsection (1) may be amended or repealed by a majority of the members of the association,

(a) present and voting at a general meeting; or

(b) voting in a mail vote conducted in accordance with the by-laws.

Code of ethics

73          The association may, by resolution passed at an annual general meeting, adopt a code of ethics governing the conduct of its members, students, licensed pharmacists and holders of pharmacy licences.

Lieutenant Governor in Council regulations

74          The Lieutenant Governor in Council may make regulations

(a) prescribing substances, including proprietary medicines, as drugs for the purposes of this Act;

(b) for the purpose of subsection 63(2), specifying drugs that can only be sold to a medical practitioner, dentist or veterinary surgeon or pursuant to a prescription of a medical practitioner, dentist or veterinary surgeon.

PART 10

INTERCHANGEABLE PHARMACEUTICAL PRODUCTS

Definitions

75          In this Part,

"dispenser" means a person who dispenses a drug pursuant to a prescription; («fournisseur»)

"formulary" means the formulary established by regulation under section 79; («liste»)

"interchangeable product" means a product

(a) that contains a drug or drugs in the same or similar amounts of the same or similar active ingredients in the same or similar dosage form as another product directed by a prescription, and

(b) that is designated in the formulary as interchangeable with that other product directed by the prescription; («produit interchangeable»)

"operator of a pharmacy" means the holder of a pharmacy licence. («exploitant d'une pharmacie»)

Substitution of interchangeable product

76(1)       If a prescription directs the dispensing of a specific interchangeable product, the dispenser shall dispense either the interchangeable product that is prescribed or another interchangeable product at a cost that is not more than the sum of

(a) the cost for the lowest priced interchangeable product prescribed in the formulary; and

(b) the maximum additional amount prescribed in the regulations.

Exception if "no substitution" instruction

76(2)       Subsection (1) does not apply to a prescription that includes, in the prescriber's own handwriting, the words "no sub" or "no substitution".

"No substitution" instructions continue

76(3)       If an interchangeable product is prescribed for a person on a continuing basis and the original prescription is marked "no sub" or "no substitution", any subsequent oral authorization for the continuation of that prescription shall be dispensed according to the "no substitution" instruction, unless at the time of issuing a subsequent authorization the prescriber waives the "no substitution" instruction.

Amount charged if "no substitution" instruction

76(4)       If a prescription that includes a "no substitution" instruction directs the dispensing of an interchangeable product, the dispenser shall not charge more for the product than the sum of

(a) the cost for the product that is prescribed in the formulary; and

(b) the maximum additional amount prescribed in the regulations.

No liability for dispensing interchangeable products

77          If an interchangeable product is dispensed in accordance with this Part, no action or other proceeding may be commenced against the person who issued the prescription or the dispenser on the grounds that an interchangeable product other that the one prescribed was dispensed.

Advisory committee

78          The Lieutenant Governor in Council may establish an advisory committee to provide advice on matters relating to the formulary.

Regulations

79          The Lieutenant Governor in Council may make regulations

(a) establishing a formulary that

(i) designates products as interchangeable with one or more other products,

(ii) prescribes the maximum costs chargeable for interchangeable products, and

(iii) sets out information respecting pharmaceutical products;

(b) for the purpose of clauses 76(1)(b) and 76(4)(b), prescribing the maximum additional amount that may be charged for interchangeable products.

PART 11

PENALTIES

Contravention by individuals

80(1)       An individual who contravenes this Act or the regulations is guilty of an offence and is liable on summary conviction

(a) for a first offence, to a fine of not more than $5,000.; and

(b) for a subsequent offence, to a fine of not more than $15,000.

Contravention by corporations

80(2)       A corporation that contravenes this Act or the regulations is guilty of an offence and is liable on summary conviction

(a) for a first offence, to a fine of not more than $10,000; and

(b) for a subsequent offence, to a fine of not more than $50,000.

Directors and officers of corporation

80(3)       If a corporation is convicted of an offence under subsection (2), each director, officer, employee or agent of the corporation who was in whole or in part responsible for the conduct of the part of the business of the corporation that gave rise to the offence is guilty of an offence unless he or she proves, on the balance of probabilities, that he or she took all reasonable care to prevent the commission of the offence.

Penalty for directors and officers

80(4)       A person convicted of an offence under subsection (3) is liable on summary conviction

(a) for a first offence, to a fine of not more than $5,000.; and

(b) for a subsequent offence, to a fine of not more than $15,000.

Limitation

80(5)       A prosecution under this section may be commenced within 2 years after the commission of the alleged offence, but not afterwards.

Prosecution of offence

80(6)       Any person may be a prosecutor or complainant in the prosecution of an offence under this Act, and the government may pay to the prosecutor a portion of any fine recovered in an amount that it considers appropriate towards the costs of the prosecution.

Stay of proceedings

80(7)       When the association is the prosecutor of an offence under this Act, it may apply for a stay of proceedings in the prosecution and the court shall grant the stay.

Responsibility of owner and manager

81(1)       Every owner or manager of a pharmacy is liable for every offence against this Act committed by a person in the owner's or manager's employ or under his or her supervision with his or her permission, consent or approval, express or implied.

Prosecution of owner or manager

81(2)       When a person operates a pharmacy contrary to this Act or the regulations, the owner and the manager of the pharmacy, or either of them, may be proceeded against, and prosecution or conviction of one of them is not a bar to prosecution or conviction of the other.

PART 12

TRANSITIONAL, REPEAL AND COMING INTO FORCE

"Former Act" defined

82(1)       In this section and in sections 83 to 85, "former Act" means The Pharmaceutical Act, R.S.M. 1987, c. P60.

Registration continued

82(2)       An individual who is a member of The Manitoba Pharmaceutical Association under the former Act is deemed to be registered as a member under this Act.

Annual licence continued

82(3)       An annual licence issued under the former Act is deemed to be an annual licence under this Act.

Shop licence continued

82(4)       A shop licence issued under the former Act is deemed to be a pharmacy licence under this Act.

Council continued

83          The members of the council under the former Act are deemed to be members of the council under this Act, elected or appointed for the same period and holding the same offices.

Application for registration continued

84          An application for registration made under the former Act but not concluded before the coming into force of this Act shall be dealt with under this Act.

Proceedings re complaint made before this Act comes into force

85(1)       A complaint that was made or discipline proceedings that were commenced but not concluded before the coming into force of this Act shall be concluded under the former Act as though this Act had not come into force.

Proceedings re complaint made after this Act comes into force

85(2)       A complaint made after the coming into force of this Act that relates to conduct occurring all or partly before the coming into force of this Act shall be dealt with under the former Act.

Repeal

86          The Pharmaceutical Act, R.S.M. 1987, c. P60, is repealed.

C.C.S.M. reference

87          This Act may be referred to as chapter P60 of the Continuing Consolidation of the Statutes of Manitoba.

Coming into force

88          This Act comes into force on a day fixed by proclamation.