Skip to main content
The Pharmaceutical Act

C.C.S.M. c. P60

The Pharmaceutical Act

PART 1
DEFINITIONS AND INTERPRETATION
1(1) Definitions
(2) Reference to "Act" includes regulations
PART 2
PRACTICE OF PHARMACY
2(1) Practice of pharmacy
(2) Included practices
(3) Drug to be dispensed only by prescription
3(1) Exclusive right to practise
(2) Application to other persons
4(1) Representation as being entitled to practise pharmacy
(2) Use of titles
PART 3
COLLEGE OF PHARMACISTS OF MANITOBA
5(1) College established
(2) Duty to serve the public interest
(3) Powers
(4) Membership
(5) Meetings
(6) Notice of meetings
6(1) Council
(2) Council to manage affairs
(3) Council to govern and administer
(4) Council at meetings of membership
7(1) Composition of council
(2) Public representatives
(3) By-laws for election and appointment of members
(4) Roster of public representatives
(5) Officers
(6) Remuneration
(7) Registrar and staff
(8) Identification card
(9) Committees
8 Committee re prescribing practices
PART 4
REGISTRATION AND LICENSING
REGISTERS
9(1) Registers
(2) Information on register
(3) Access to register information
(4) Access to licence information
REGISTRATION OF PHARMACISTS
10
11(1) Registration of pharmacists
(2) Conditions
(3) Entry in the register
(4) Certificate of registration
12(1) Conditional registration
(2) Rights and obligations of persons on the conditional register
(3) Conditions
(4) Entry in the register
13 Application not approved
REGISTRATION IF EMERGENCY
14(1) Registration if emergency
(2) Emergency need not be declared
(3) Certificate of registration and licence
PHARMACIST LICENCE
15(1) Pharmacist licence application
(2) Issuance of pharmacist licence
(3) Licence terms or conditions
16(1) Entitlement to practise
(2) Specialty practice
(3) Representation as specialist
17 Duration of licence
TEMPORARY PRACTICE
18(1) Temporary practice
(2) Temporary registration and licence
REGISTRATION OF STUDENTS
19 Registration of students
REGISTRATION OF INTERNS
20 Registration of interns
APPEALS
21(1)
(2) Notice
(3) Hearing
(4) Right to appear
(5) Participation by member of board, registrar
(6) Decision by council
(7) Notice of decision
22(1) Appeal to court
(2) No stay of decision
(3) College is party to appeal
(4) Appeal heard as a new matter
(5) Powers of court on appeal
CANCELLATION OR SUSPENSION OF REGISTRATION OR LICENCE
23(1) Registration or licence may be cancelled or suspended
(2) Registration or licence may be cancelled if fraud
(3) Registration or licence may be cancelled if conviction
(4) Surrender of certificate or licence
(5) Publication of cancellation
24(1) Interim suspension by registrar
(2) Referral to the complaints committee
(3) Notice of suspension
25 Appeal to court
26(1) Court order appointing custodian
(2) Contents of order
(3) Costs
(4) Notice of application
(5) Service of court order
PART 5
PHARMACIST PROFILES
27(1) Pharmacist profiles
(2) Definition
(3) Regulations re pharmacist profiles
(4) Verification of information
(5) Prior review by pharmacist
28(1) Regulation required by the minister
(2) L.G. in C. may make regulation
PART 6
COMPLAINTS
29 Definitions
COMPLAINTS COMMITTEE
30(1) Complaints committee
(2) Public representatives
(3) Selection of panel
(4) Composition of panel
(5) Effect of member being unable to continue
(6) Decision of panel
(7) Reference to complaints committee
31(1) Complaints against members and others
(2) Complaints against former members and owners
(3) Complaints against former students and interns
32 Referral to complaints committee
33(1) Informal resolution
(2) Investigation
(3) Registrar to designate investigator
(4) Records and information
(5) Use of data processing system, photography and copying equipment
(6) Removal of records, etc. to make copies
(7) Failure to produce records
(8) Warrant for entry into premises
(9) Investigation of other matters
(10) Failure to produce records or denial of entry is grounds for complaint
(11) Report to complaints committee
(12) Investigation of other member or owner
DECISION OF COMPLAINTS COMMITTEE
34(1) Decision of complaints committee
(2) Matter not resolved by mediation
(3) Decision served on investigated person and complainant
(4) Hearing not required
35(1) Conditions on right to practise
(2) Costs
CENSURE
36(1) Personal appearance
(2) Publication of censure
(3) Order for costs
VOLUNTARY SURRENDER OF REGISTRATION OR LICENCE
37(1) Voluntary surrender of registration or licence
(2) Order for costs
38 Conditions on reinstatement
APPEAL BY COMPLAINANT
39(1) Appeal by complainant
(2) Notice
(3) Appointment of appeal panel
(4) Exclusion from panel
(5) Power on appeal
(6) Notice of decision
(7) Hearing not required
SUSPENSION OF REGISTRATION OR LICENCE PENDING DECISION
40(1) Suspension of registration or licence pending decision
(2) Notice of suspension or conditions
41 Application for stay
MISCELLANEOUS
42 Referral to discipline committee
43 Disclosure of information to authorities
DISCIPLINE COMMITTEE
44(1) Discipline committee
(2) Public representatives
45(1) Selection of panel
(2) Composition
(3) Exclusion from panel
(4) Effect of member being unable to continue
HEARINGS
46(1) Hearing
(2) Date of hearing
(3) Notice of hearing
(4) Public notice of hearing
47(1) Right to appear and be represented
(2) Adjournments
(3) Recording of evidence
48(1) Investigated person may examine documentary evidence
(2) Investigated person to provide documentary evidence
(3) Evidence of expert without report
(4) Failure to provide summary
(5) Hearing process: rules of evidence do not apply
(6) Oral and affidavit evidence
49 Investigation of other matters
50(1) Hearing open to public
(2) Request for a private hearing
(3) When private hearing may be held
(4) Reasons for excluding the public to be available
51(1) Evidence
(2) Power to administer oaths and affirmations
52(1) Witnesses
(2) Notice to attend and produce records
(3) Registrar to provide notices
(4) Witness fees
(5) Failure to attend or give evidence
(6) Evidence taken outside Manitoba
(7) Queen's Bench Rules apply
53 Hearing in absence of investigated person
DECISION OF PANEL
54 Findings of panel
55(1) Orders of panel
(2) Panel may consider censures, orders, practice directions
(3) Ancillary orders
(4) Costs when conditions imposed
(5) Contravention of order
56(1) Costs and fines
(2) Nature of costs
(3) Failure to pay costs and fines by time ordered
(4) Filing of order
57(1) Written decision
(2) Decision forwarded to registrar
(3) Service of decision
(4) Copies of transcript and record
58 Publication of decision
APPEAL TO COURT
59(1) Appeal to Court of Appeal
(2) Commencement of appeal
(3) Appeal on the record
60 Powers of Court on appeal
61 Stay pending appeal
REINSTATEMENT
62 Reinstatement
PART 7
PHARMACIES
63 Pharmacy licence
64(1) Application for licence
(2) Contents of application
(3) Pharmacy manager
(4) Separate application for facility
(5) Application by a corporation
(6) Application by a partnership
65(1) Issuance of a pharmacy licence
(2) Terms or conditions
(3) Duration
(4) Register of licensed pharmacies
66(1) Application for renewal of a pharmacy licence
(2) Renewal of a pharmacy licence
67 Appeal
68 Obligations of owner
69 Complaints
70 Change in ownership of pharmacy
71 Carrying on business of a bankrupt person
72(1) Use of titles: any retail or wholesale business
(2) Use of titles: retail or wholesale business implying that it is licensed
PART 8
REGULATIONS, BY-LAWS AND CODE OF ETHICS
73(1) Regulations
(2) Ministerial regulations
(3) Incorporation by reference
(4) Regulation may apply to part of the province, classes of persons
74 Approval of regulations
75(1) By-laws
(2) Incorporation by reference
(3) Amendment or repeal of by-laws
76(1) Code of ethics
(2) Incorporation by reference
(3) Amendment or repeal of code of ethics
PART 9
INTERCHANGEABLE PHARMACEUTICAL PRODUCTS
77 Definitions
78 Dispense as written
79(1) Substitution of interchangeable product
(2) Product not available
(3) Exception if "no substitution" instructions
(4) Method of giving "no substitution" instructions
(5) "No substitution" instructions continue
(6) Amount charged if "no substitution" instruction
80 No liability for dispensing interchangeable products
81(1) Regulations
(2) Notice not required
(3) Notice requirement — product agreement
PART 10
GENERAL PROVISIONS
INSPECTORS
82(1) Appointment of inspectors
(2) Audit or inspection of a pharmacy practice or operation
(3) Entry of premises and inspection of records
(4) Entry with order
(5) Order to produce records, etc.
(6) No obstruction of inspector
83(1) Use of data processing system and copying equipment
(2) Removal of records, etc. to make copies
84 Copies as evidence
85 Audit for other professions
SERVICE OF DOCUMENTS
86(1) Service of documents
(2) Deemed receipt
(3) Deemed receipt even if document returned, etc.
REGISTRAR'S CERTIFICATE AND LETTERS OF STANDING
87 Registrar's certificate
88 Letters of standing
PROOF OF CONVICTION
89 Proof of conviction
OFFENCES
90(1)
(2) Offence re confidential information
(3) Fraudulent representation on application for registration or licence
(4) Offence by employer
(5) Liability of directors, officers and employees
(6) Limitation on prosecution
(7) Prosecution of offence
(8) Stay of proceedings
91 Single act of unauthorized practice or operation
PROTECTION FROM LIABILITY
92 Protection from liability
93 Limitation period re members
CONFIDENTIALITY OF INFORMATION
94(1) Definitions
(2) Confidentiality of information
(3) Non-identifying information
95(1) Registrar to collect information
(2) Member must provide information
(3) Minister may require information
(4) Registrar to provide information to minister
(5) Minister may disclose information
(6) Authorized entities
INJUNCTION
96 Injunction
DUTY TO REPORT
97(1) Duty of members to report
(2) Exemption from liability for disclosure
EMPLOYER'S RESPONSIBILITIES
98(1) Responsibility to ensure registration and licence
(2) Responsibility to report professional misconduct
99 Responsibility for employees
ANNUAL REPORT
100(1) Annual report
(2) Contents of report
PART 11
TRANSITIONAL, REPEAL, C.C.S.M. REFERENCE AND COMING INTO FORCE
101(1) "Former Act" defined
(2) Registration continued
(3) Pharmacist licence continued
(4) Pharmacy licence continued
(5) Application for registration or licence continued
(6) Council continued
(7) Complaints under former Act: discipline hearing commenced
(8) Complaints under former Act: no discipline hearing commenced
(9) Written cautions
102 Repeal
103 C.C.S.M. reference
104 Coming into force