HomeC.C.S.M. c. P60
The Pharmaceutical Act
| Back to the Act | Regulations |
| PART 1 | |
| DEFINITIONS | |
| 1 | Definitions |
| PART 2 | |
| PRACTICE OF PHARMACY | |
| 2(1) | Exclusive right to practise pharmacy |
| (2) | Application to other persons |
| (3) | Saving provisions |
| 3(1) | Representation as pharmacist |
| (2) | Use of titles |
| PART 3 | |
| MANITOBA PHARMACEUTICAL ASSOCIATION | |
| 4(1) | Association |
| (2) | Powers |
| (3) | Membership |
| (4) | Meetings |
| (5) | Notice of meetings |
| (6) | Qualification to vote |
| 5(1) | Council established |
| (2) | Council to manage affairs |
| 6(1) | Composition of council |
| (2) | Lay members |
| (3) | Lay member's term |
| (4) | Remuneration |
| (5) | Ex officio members |
| (6) | Officers |
| (7) | Registrar and staff |
| 7 | Council to convene meetings |
| PART 4 | |
| REGISTRATION AND LICENSING | |
| 8 | Registers |
| 9 | Board of examiners |
| 10(1) | Registration of pharmacists |
| (1.1) | Conditions |
| (2) | Entry in register |
| (3) | Certificate of registration |
| 10.1(1) | Registration if emergency |
| (2) | Emergency need not be declared |
| (3) | Certificate of registration or licence |
| 11 | Application for registration not approved |
| 12(1) | Appeal to council |
| (2) | Hearing |
| (3) | Notification of hearing |
| (4) | Participation by board of examiners |
| (5) | Decision by council |
| 13(1) | Appeal from decision of council |
| (2) | Powers of court on appeal |
| 14(1) | Annual licence fee |
| (2) | Issuance of annual licence |
| (3) | Entitlement to practise |
| (4) | Duration of licence |
| 15(1) | Registration of students |
| (2) | Appeal from refusal to register |
| PART 5 | |
| DISCIPLINE | |
| 16 | Definitions |
| COMPLAINTS COMMITTEE | |
| 17 | Complaints committee |
| 18(1) | Complaints |
| (2) | Complaints against former members |
| 19 | Referral to complaints committee |
| 20(1) | Preliminary investigation |
| (2) | Records and information |
| (3) | Failure to produce records |
| (4) | Investigation of other matters |
| (5) | Report to complaints committee |
| 21(1) | Decision of complaints committee |
| (2) | Decision served on investigated person and complainant |
| (3) | Hearing not required |
| 22(1) | Voluntary withdrawal |
| (2) | Conditions |
| (3) | Referral to discipline committee |
| 23 | Appeals committee |
| 24(1) | Appeal by complainant to appeals committee |
| (2) | Power on appeal |
| (3) | Decision served on investigated person and complainant |
| 25(1) | Suspension pending decision |
| (2) | Application for stay |
| DISCIPLINE COMMITTEE | |
| 26(1) | Discipline committee |
| (2) | Membership |
| (3) | Lay members |
| (4) | Roster of lay members |
| (5) | Chairperson |
| (6) | Members not to have taken part in investigation |
| 27 | Procedure |
| 28(1) | Hearing by discipline committee |
| (2) | Date of hearing |
| (3) | Notice of hearing |
| (4) | Right to appear and be represented |
| (5) | Examination of documentary evidence |
| (6) | Adjournments |
| (7) | Investigation of other matters |
| 29(1) | Hearings open to public |
| (2) | Exclusion of public |
| (3) | Public information may be disclosed |
| (4) | Exclusion of public during certain motions |
| (5) | Orders with respect to matters in submissions |
| (6) | Reasons for order to exclude public, etc., available to public |
| (7) | Reconsidering of order to exclude public, etc. |
| 30(1) | Evidence |
| (2) | Power to administer oaths |
| (3) | Recording of evidence |
| 31 | Witnesses |
| 32(1) | Notice to attend and produce records |
| (2) | Registrar shall provide notices |
| (3) | Witness fees |
| 33(1) | Failure to attend or give evidence |
| (2) | Failure by investigated person |
| 34 | Hearing in absence of investigated person |
| 35 | Unskilled practice or misconduct |
| 36(1) | Findings of discipline committee |
| (2) | Finding of unskilled practice or professional misconduct |
| 37(1) | Orders of discipline committee |
| (2) | Committee may consider cautions and orders |
| (3) | Cancellation or suspension of certificate, etc. |
| (4) | Ancillary orders |
| (5) | Contravention of order |
| 38(1) | Costs and fines |
| (2) | Filing of order |
| 39(1) | Written decision |
| (2) | Decision forwarded to registrar |
| (3) | Service of decision |
| (4) | Copies of transcript |
| 40 | Publication of decision |
| 41(1) | Stay pending appeal to council |
| (2) | Stay pending appeal to court |
| APPEAL TO COUNCIL | |
| 42(1) | Appeal to council |
| (2) | Notice of appeal |
| (3) | Notice to be served |
| (4) | Notice to members of council |
| 43(1) | Notice of hearing of appeal |
| (2) | Date of hearing |
| 44(1) | Right to appear and be represented |
| (2) | Discipline committee members may not participate |
| (3) | Quorum |
| (4) | Appeal on the record |
| (5) | Adjournments, further evidence |
| (6) | Procedure |
| (7) | Powers of council on appeal |
| (8) | Costs |
| 45(1) | Written decision |
| (2) | Service of decision |
| APPEAL TO COURT | |
| 46(1) | Appeal to court |
| (2) | Commencement of appeal |
| (3) | Appeal on the record |
| 47 | Powers of court on appeal |
| PART 6 | |
| PHARMACIES | |
| 48(1) | Practice only in a pharmacy |
| (2) | Pharmacy licence |
| (3) | Application for licence |
| (4) | Application by person other than a pharmacist |
| (5) | Application by corporation |
| 49(1) | Issuance of pharmacy licence |
| (2) | Terms and conditions |
| (3) | Appeal from refusal to issue licence |
| 50(1) | Register |
| (2) | Duration and renewal of licence |
| 51 | Obligations of licence holder |
| 52(1) | Referral to discipline committee |
| (2) | Part 5 procedures, etc. to apply |
| (3) | Application of Part 5 re orders |
| (4) | Orders of discipline committee |
| 53(1) | Suspension pending decision |
| (2) | Application for stay |
| 54 | Change in ownership of pharmacy |
| 55 | Carrying on business of bankrupt person |
| 56 | Use of titles |
| PART 7 | |
| SUSPENSION AND CANCELLATION OF CERTIFICATES OF REGISTRATION AND LICENCES | |
| 57(1) | Suspension and cancellation of registration |
| (2) | Memorandum in register |
| (3) | Surrender of licence, etc. |
| (4) | Death of member |
| 58 | Suspension on default of fees |
| 59 | Cancellation of registration on request |
| 60 | Cancellation of registration made in error |
| 61 | Cancellation of registration for fraud |
| 62(1) | Reinstatement |
| (2) | Reinstatement subject to conditions |
| PART 8 | |
| GENERAL PROVISIONS | |
| 63(1) | No misrepresentation of drugs |
| (2) | Sales on prescription |
| (3) | Copies of prescriptions |
| 63.1 | Confidentiality of information |
| 63.2(1) | Registrar to collect information |
| (2) | Member to provide information |
| (3) | Minister may require information |
| (4) | Registrar to provide information to minister |
| (5) | Minister may disclose information |
| (6) | Authorized entities |
| 64(1) | Appointment of inspectors |
| (2) | Inspection of licensed pharmacy |
| 65(1) | Entry of premises and inspection of records |
| (2) | Admissibility of copies |
| (3) | Entry with order |
| (4) | Obstruction of inspector |
| 66 | Service of documents |
| 67 | Registrar's certificate |
| 68 | Proof of conviction |
| 69 | Protection from liability |
| 70 | Injunction |
| PART 9 | |
| REGULATIONS, BY-LAWS AND CODE OF ETHICS | |
| 71(1) | Regulations made by the council |
| (2) | Approval of regulations |
| 72(1) | By-laws |
| (2) | Amendments and repeal of by-laws |
| 73 | Code of ethics |
| 74 | Lieutenant Governor in Council regulations |
| 74.1 | Adoption of drug schedules by reference |
| PART 10 | |
| INTERCHANGEABLE PHARMACEUTICAL PRODUCTS | |
| 75 | Definitions |
| 76(1) | Substitution of interchangeable product |
| (2) | Exception if "no substitution" instruction |
| (3) | "No substitution" instructions continue |
| (4) | Amount charged if "no substitution" instruction |
| 77 | No liability for dispensing interchangeable products |
| 78 | Advisory committee |
| 79 | Regulations |
| 79.1 | Lieutenant Governor in Council regulations |
| PART 11 | |
| PENALTIES | |
| 80(1) | Contravention by individuals |
| (2) | Contravention by corporations |
| (2.1) | Contravention of section 63.1 |
| (3) | Directors and officers of corporation |
| (4) | Penalty for directors and officers |
| (5) | Limitation |
| (6) | Prosecution of offence |
| (7) | Stay of proceedings |
| 81(1) | Responsibility of owner and manager |
| (2) | Prosecution of owner or manager |
| PART 12 | |
| TRANSITIONAL, REPEAL AND COMING INTO FORCE | |
| 82(1) | "Former Act" defined |
| (2) | Registration continued |
| (3) | Annual licence continued |
| (4) | Shop licence continued |
| 83 | Council continued |
| 84 | Application for registration continued |
| 85(1) | Proceedings re complaint made before this Act comes into force |
| (2) | Proceedings re complaint made after this Act comes into force |
| 86 | Repeal |
| 87 | C.C.S.M. reference |
| 88 | Coming into force |
