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The Pharmaceutical Act
This is an unofficial archived version of The Pharmaceutical Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. P60

The Pharmaceutical Act

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

Definitions.

1

In this Act,

"council" means the council of the association: ("conseil")

"dentist" means a dentist duly qualified and licensed to practise dentistry in a province or territory of Canada; ("dentiste")

"drug" includes any substance or mixture of substances manufactured, sold or represented for use in

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

(b) restoring, correcting, or modifying organic functions in humans, animals, or fowl, and includes any substance, whether or not produced in whole or in part by a synthetic process, and either alone or in conjunction with another substance; ("médicament")

"licensed pharmacist" means a pharmacist who is the holder of a valid licence entitling him to practise and to exercise all the privileges, rights, and authorities of a licensed pharmacist under this Act; ("pharmacien autorisé")

"medical practitioner" means a medical practitioner duly qualified and licensed to practise medicine in a province or territory of Canada; ("médecin")

"medicine" includes all drugs for internal or external use of humans, animals, or fowl, and any substance or mixture of substances intended to be used for the treatment, mitigation or prevention of disease in humans, animals, or fowl; ("remède")

"pharmacist" means a person whose name is on the register of pharmacists; ("pharmacien" )

"pharmacy" means a shop in Manitoba operated for the purpose of selling by retail, poisons, drugs and medicines, or of compounding prescriptions of medical practitioners, dentists and veterinary surgeons, or a dispensary in a hospital in Manitoba; ("pharmacie")

"prescription" means an order given by a medical practitioner, dentist or veterinary surgeon, directing that a stated amount of any drug or mixture of drugs specified therein be dispensed for use by the person or animal indicated in the order; ("ordonnance")

"proprietary medicine" means any medicine or patent medicine that was registered under the Proprietary or Patent Medicine Act (Canada), or any medicine within the meaning from time to time assigned to that expression by regulations made pursuant to the Food and Drugs Act (Canada), any medicine the sale of which is not prohibited under this Act, or by any schedule hereto or by any regulation made under this Act; ("spécialité pharmaceutique")

"register of pharmacists" means the register for the establishment of which provision is made in this Act: ("registre des pharmaciens" )

"veterinary surgeon" means a person registered under The Veterinary Medical Act and licensed to practise veterinary medicine, veterinary surgery or veterinary dentistry in a province or territory of Canada. ("vétérinaire")

THE ASSOCIATION

Continuation.

2

"The Manitoba Pharmaceutical Association" is continued as a body corporate.

Membership.

3

The membership of the association consists of the persons whose names are on the register of pharmacists.

Property of the association.

4

The association may acquire real property and personal property, and may hold, alienate, exchange, mortgage, lease, charge, or dispose thereof, or of any part thereof, as occasion requires, and may erect buildings to provide accommodation for lectures on chemistry, pharmacognosy, and any other subject prescribed by the council, for a library, a pharmaceutical museum, or a specimen room, for the use of members and students of the association, and for any other purpose required by the association.

THE COUNCIL

Council.

5(1)

There shall be a council of the association composed of the ex officio members and not fewer than eight members, two of whom shall be lay members appointed under the provisions of subsection 6(7) and the remainder shall be elected from among members of the association, for the purpose of conducting the affairs and exercising the powers of the association.

Elected members shall be residents of Manitoba.

5(2)

The elected members of council shall be members of the association who reside in the province and who are licensed pharmacists.

Termination of membership.

5(3)

If an elected member of the council ceases to be a licensed pharmacist he shall cease to be a member of the council.

Divisions for election purposes.

6(1)

The association may, by by-law, divide the province into electoral divisions for the purpose of the election of members of the council, and may make provision for the number of members from each division, for the holding of elections in accordance with the by-law and for voting thereat.

Term of office.

6(2)

The elected members of council shall be elected for a term of two years.

Resignation and filling of vacancies.

6(3)

An elected member may resign his office by letter addressed to the president or the registrar of the association; and upon the death, resignation, disqualification or removal from the province of an elected member of the council, the council may appoint some other qualified person to fill the vacancy; and the person so appointed shall hold office for the remainder of the term of the person in whose stead he is appointed.

Quorum.

6(4)

A majority of members of the council is a quorum for the transaction of business.

Ex officio member of council.

6(5)

The dean of the Faculty of Pharmacy of The University of Manitoba, or during the absence from the province or incapacity of the dean his designated substitute is ex officio a member of the council.

Immediate past president ex officio member of council.

6(6)

The immediate past president of the association is ex officio a member of the council.

Appointment of certain members by L. G. in C.

6(7)

There shall be two lay members of council who are not and never have been licensed pharmacists, are resident in Manitoba and are appointed by the Lieutenant Governor in Council.

Term of office of lay members.

6(8)

The term of office of lay members of council shall be two years.

Lay member eligible for re-appointment.

6(9)

A lay member upon completion of his term of office is eligible for appointment for a further term.

General meeting.

7(1)

The members of the association shall hold a general meeting once in each year and such special meetings as the council deems advisable.

Time and place.

7(2)

The annual general meeting shall be held at such time and place as the council determines; and notice of the time and place of the meeting shall, at least 21 days in advance thereof, be given in the manner provided by the by-laws.

Special general meeting.

7(3)

Upon a requisition in writing, signed by 25 members of the association entitled to vote, the council shall convene a special general meeting for the purpose specified in the requisition, within such reasonable time as it thinks fit, first giving such notice thereof as the by-laws of the association prescribe, at least 21 days in advance thereof and stating therein the purpose for which the meeting is convened.

Quorum.

7(4)

The quorum for any meeting of the association for the transaction of business is 25 members.

Voting powers.

7(5)

Only members of the association who are holders of licences for the current year are entitled to vote at a meeting of the association.

Majority to decide questions.

8

At all meetings of the association and of the council, if there is a quorum, a majority of the members present, having a right to vote thereat, shall decide upon the matters proposed: and the person presiding has a casting vote in case of an equality of votes.

OFFICERS

Election of officers.

9(1)

The council shall biennially, at its first meeting following the annual meeting of the association held in that year, elect from among members of the council who are licensed pharmacists

(a) a president; and

(b) a president-elect;

both of whom shall serve in their respective office for a term of two years.

Appointment of registrar.

9(2)

The council shall appoint a registrar or a registrar-treasurer for such term and on such conditions as council may deem advisable.

Appointment of other officers.

9(3)

The council may appoint such officers, inspectors or agents as it deems necessary.

Continuance of office.

9(4)

The members of council, the president and president-elect respectively, shall continue in office until their successors are elected.

POWERS OF COUNCIL

Management.

10

Subject to the by-laws of the association the council has the sole control and management of the property of the association; but no real property shall be acquired, alienated, mortgaged, leased, charged, or disposed of, without the previous authorization of the majority of the members of the association present at an annual meeting or at a special meeting of the association called for the purpose.

By-laws.

11(1)

The council may make by-laws, not inconsistent with this Act, respecting

(a) the holding and conduct of examinations for candidates for registration as pharmacists and for registration as students;

(b) the prescribing of subjects upon which the candidates are to be examined, and the qualifications of candidates:

(c) the establishment of a scale of fees to be paid by members, by candidates for examination, and by applicants for registration and for annual licences;

(d) the appointment, remuneration, and defining of the duties of officers, examiners, and employees of the association;

(e) the payment, remuneration, or indemnity, to members of the council in attending its sittings or in attending upon the business of the association;

(f) the imposition of penalties for default in payment of fees and terms of re-admission to the privileges of the association, whether the default occurred before or after the coming into force of this Act;

(g) the imposition of penalties upon, or the censure, suspension, or expulsion from the association of

(i) a pharmacist or student found by the council or the discipline committee thereof to be guilty of conduct detrimental to the public interest or of wilful negligence, or of misconduct in the practice of his business or profession, or who is convicted of a crime or offence against a statute relating to the sale of drugs, poisons, or alcoholic liquors, and (ii) a pharmacist who is a director of a corporation that has a valid shop licence issued under this Act, and that is found by the council or the discipline committee thereof to be guilty of conduct detrimental to public interest or convicted of a crime or offence against a statute relating to the sale of drugs, poisons, or alcoholic liquors;

(h) the regulation of the meetings and proceedings of the association and the council;

(i) the assistance, pecuniary or otherwise, of other pharmaceutical associations where, in the opinion of the council, the assistance will be of benefit to the association or the members thereof;

(j) the establishment and maintenance of standards required to be observed by pharmacists in the practice of their profession;

(k) the forms to be used under this Act;

(l) the holding of inquiries with regard to any matter concerning which the council has jurisdiction or has power to make by-laws; and

(m) any other matter requisite for carrying out the objects of this Act.

By-laws, amendment or repeal.

11(2)

The by-laws may be amended, altered or repealed, in whole or in part at any general meeting of the association, if notice in accordance with the by-laws is given of the intention so to do.

Approval of certain by-laws.

11(3)

A by-law made under clauses (1)(f) and (g) has no effect until it is approved by the Lieutenant Governor in Council.

Discipline committee.

12(1)

The council shall appoint a discipline committee consisting of not less than five persons no less than three of whom shall be members of council, and at least one of whom shall be a lay member of council.

Power of discipline committee.

12(2)

The discipline committee may on behalf of the council, exercise those powers of council with respect to disciplinary matters and the imposition of penalties upon, or the censure, suspension, or expulsion from the association of a pharmacist or student.

No action against council or committee.

12(3)

No action lies against the council or any committee thereof or any of the members of the council or any committee thereof for any proceedings bona fide taken or enforced or attempted under any by-law or regulation made under this Act.

Attendance of witnesses at an inquiry.

12(4)

The council or a committee thereof, and any party to an inquiry made under this Act, may obtain on praecipe from the Court of Queen's Bench, a subpoena for the attendance of witnesses and the production of books, documents, and other things at the inquiry; and disobedience of any such subpoena or refusal to give evidence shall be deemed a contempt of court.

Witness fees.

12(5)

Witnesses appearing on an inquiry are entitled to the like allowance as witnesses attending upon a trial in the Court of Queen's Bench.

Existing by-laws validated.

13(1)

By-laws, rules and regulations in force on the coming into force of this Act continue in force and effect until they are amended or repealed in accordance with this Act.

Code of ethics.

13(2)

The association may, by resolution passed at an annual general meeting thereof, adopt a code of ethics for the government of its members and students and licensed pharmacists and non-observance of any of the requirements of a code so adopted constitutes conduct detrimental to the public interest.

Board of examiners, appointment.

14

The council may appoint a board of examiners, consisting of such number of persons as it determines, to examine persons who apply to be examined and registered under this Act.

Duties and procedures of discipline committee.

15(1)

The discipline committee of the association shall from time to time, prepare, such rules for the conduct of its proceedings as the committee considers necessary and submit those rules to council of the association for approval following which approval those rules of procedure shall prevail in all discipline, and complaint matters submitted to the committee.

Filing of complaints.

15(2)

Any person may file or register a complaint against any member of the association by delivering the complaint in writing to the registrar of the association.

Discipline committee to convene meetings.

15(3)

The registrar of the association, upon receiving a complaint shall forthwith notify the chairman of the discipline committee of the complaint and the chairman of the discipline committee shall, in accordance with the rules from time to time in force, respecting the operation of the discipline committee, cause to be convened, a meeting of that committee for the hearing of the complaint, within 90 days of the receipt of a notice from the registrar.

Inquiry prior to hearing.

15(4)

Notwithstanding subsection (3), where the disciplinary committee upon receipt of a complaint from the registrar, is of the opinion that an inquiry into the complaint should be made before holding a hearing in the matter, it may direct that an inquiry into the complaint be made by the association's inspection staff and following the completion of the inquiry, it shall, not later than 90 days after the completion of the inquiry convene a meeting for the hearing of the complaint.

Right to counsel.

15(5)

Each party to a matter that is the subject of a hearing by the discipline committee has a right to be represented at the hearing by counsel of his choice, to adduce evidence and to examine and cross-examine witnesses appearing at the hearing.

Notification of decision to parties.

15(6)

The discipline committee, following the completion of a hearing of a complaint referred to it, shall forthwith deliver in writing a decision, with reasons, and a copy of the decision shall immediately be provided to the complainant and to the member complained against by the registrar of the association.

Notice of appeal.

15(7)

Where a complainant or a member complained against is not satisfied with the decision of the discipline committee, the complainant or member may, within 14 days following the date of the decision in writing by the discipline committee, file a notice of appeal by registered mail sent to the registrar.

Notice of time, date and place of hearing appeal.

15(8)

Upon receipt of a notice of appeal under subsection (7), the registrar shall forthwith notify the appellant and the president or the chief officer of the association for the time being of the receipt of the notice of appeal; and the president or chief officer, as the case may be, shall

(a) not later than 30 days following the date of receipt of the notice convene a meeting of council to hear and consider the appeal; and

(b) in writing, notify any other party having an interest in the appeal of the date, time and place of the meeting.

Rules of procedure for hearing appeals.

15(9)

The council may make such rules of procedure respecting the hearing of appeals before it, as are necessary, fair and just.

Right to counsel.

15(10)

Each party to an appeal before the council has a right to be present and to be represented by counsel of his choice and to present arguments and reply at the hearing of the appeal.

Disposition of appeal by council.

15(11)

The council upon completion of the hearing of an appeal may uphold decision of the disciplinary committee, rescind the decision of the disciplinary committee, or refer the subject matter of the complaint back to the discipline committee, either for a rehearing of the entire matter, or for the reconsideration of its conclusions and decisions.

Further appeal to court.

15(12)

Any party who is dissatisfied with the disposition on appeal of the matter by council has the right to appeal that decision, to a judge of the Court of Queen's Bench of Manitoba.

Disposition of appeal by court.

15(13)

A judge of the Court of Queen's Bench to whom an appeal is directed, shall proceed to hear the matter by way of originating Notice of Motion, and on such motion shall consider any question of law, any conclusion from facts found by the discipline committee, or any combination of those matters and may at the conclusion of such hearing

(a) uphold the decision of the council;

(b) rescind the decision of council;

(c) make such conclusions from the facts found or on matters of law, as to such judge seems just, in substitution for those findings or decisions of council;

(d) direct the council to take such actions as the court considers appropriate;

(e) direct a rehearing of the matter by the discipline committee in whole or in part;

(f) take such other action as to such judge may seem, in the circumstances appropriate.

Hearing in private.

15(14)

A hearing by the discipline committee under this section shall be in private unless the person who is the subject of the inquiry requests that other members of the association be present.

REGISTERED STUDENTS

Candidate for registration as a student.

16

Before a candidate is eligible to be registered as a student he shall

(a) produce to the council satisfactory evidence of good moral character; and

(b) pass such examinations as the council prescribes, or produce to the council satisfactory evidence that he is otherwise qualified to be registered as a student.

QUALIFICATIONS OF PHARMACISTS

Requirements for registration.

17(1)

Before a candidate is entitled to have his name entered upon the register of pharmacists he shall produce to the council evidence satisfactory to it

(a) that he is of good moral character ;

(b) that he has completed a training period of such length and under such conditions as council in its discretion may require;

(c) that he is sufficiently acquainted with one of the official languages of Canada as to be competent to discharge the duties and obligations of a pharmacist;

(d) that he has attended a regular course of lectures and instruction in a college or school of pharmacy recognized and approved by the council and has passed the examinations prescribed by that college or school;

and shall

(e) pass such examination as the council prescribes, or produce to it satisfactory evidence that he has such knowledge and experience as the council considers necessary; and

(f) in the case of a person registered as a student, make his application for registration within six years from his registration as a student unless the time is extended by council;

(g) in the case of a person other than a registered student make his application for registration within three years after he was last duly authorized to sell, compound or dispense medicines under the law of Manitoba or any other place, and satisfies the council that he possesses such knowledge as the council considers necessary.

Credit for time at course of instruction.

17(2)

Time spent in attendance at a regular course of lectures and instruction in a college or school of pharmacy recognized and approved by the council shall be considered part of the period of training mentioned in clauses 1(b) and (d) to the extent determined by by-law of the council.

Requirements for registration.

17(3)

No person is entitled to have his name on the register of pharmacists unless he is a resident of Canada and has attained the age of 18 years and has complied with such additional requirements as may be prescribed by by-law of the association or by regulation made under this Act.

Diplomas accepted as evidence of qualification.

18

The council may in its discretion accept the diploma or other authenticated certificate of any other competent examining board within or outside of Manitoba as sufficient evidence of the qualification of an applicant to have his name entered upon the register of pharmacists.

Certificate of registration.

19

Every person entitled to have his name on the register of pharmacists shall, upon payment to the association of such fee as the by-laws of the association may prescribe, receive a certificate of registration under the seal of the association, in such form as the council of the association shall from time to time approve.

DUTIES OF REGISTRAR

Form of register of pharmacists.

20(1)

The registrar of the association shall

(a) make and keep a register of all pharmacists in such form as the council of the association shall from time to time approve;

(b) enter opposite the name of each pharmacist . who has died, a statement of that fact; and

(c) make the necessary alterations in the addresses of pharmacists;

but a register in use by the association on the coming into force of this Act shall be deemed to be the register of the association and is sufficient for the purposes of this Act and for any prosecution thereunder, even if it does not contain all of the information prescribed by this Act.

Annual registers.

20(2)

The registrar shall also keep a register for the current pharmaceutical year of all licensed pharmacists, and of all licensed pharmacists who have taken out a shop licence for the year.

Registers as evidence.

20(3)

The production of a register or a copy thereof or an extract therefrom, certified under the hand of the registrar or acting registrar and under the seal of the association, is evidence of the truth of the statements therein in any action in a court or in any prosecution under this Act.

Entry in register.

21(1)

No names shall be entered in the register of pharmacists except the names of persons authorized by this Act to be registered, unless the registrar is satisfied by proper evidence that the person claiming is entitled to be registered.

Entry cancelled for fraud.

21(2)

An entry which is proved to the satisfaction of the council to have been fraudulently or incorrectly made may be amended or cancelled by the registrar upon the written order of council.

Appeal from refusal of registration.

21(3)

A person who claims that he is entitled to be registered under this Act but is refused registration may appeal the matter to council and a further appeal lies from the decision of council to the Court of Queen's Bench in which case the provisions of section 15 apply with such modifications as the circumstances require.

LICENCES

Annual licence fee.

22(1)

Every person registered under this Act, who is engaged in the practice of his profession, shall pay to the association annually the fee prescribed by the council, on or before such annual date as the council fixes, and in default of payment the association shall not issue a licence to that person until he pays the prescribed fee.

Form of licence.

22(2)

Upon payment of the fee, the person so registered shall receive a licence under the seal of the association in such form as the council shall from time to time approve, valid and effective for one year from the date stated in the licence.

Effect of default in payment.

22(3)

A person who is in default in respect of fees payable by him under this Act or the by-laws of the association is not entitled to any of the privileges, rights or authority of a licensed pharmacist or registered student.

Licensing of a medical practitioner.

23(1)

A duly qualified medical practitioner, may, upon application to council, apply to be licensed as a pharmacist, and council may grant a licence to the medical practitioner without further examination or evidence of qualification other than the certification that he is a duly qualified medical practitioner.

Subject to provisions, by-laws, etc.

23(2)

Every licensed qualified medical practitioner is, upon being licensed as a pharmacist, subject to the provisions of this Act and to the by-laws, regulations and other requirements of the association that apply to pharmacists.

Retirement from association.

24(1)

A licensed pharmacist, upon retiring from practice shall notify the registrar in writing of his retirement, and in default thereof remains liable for the annual fee for each succeeding year for a period of three years as if he was continuing to practice.

Resumption of practice after retirement.

24(2)

A pharmacist who has voluntarily ceased to actively practise as a pharmacist may,

(a) upon application to the registrar and upon payment of the current annual fee and arrears of fees owing by him: and

(b) where required by council, upon successful completion of an examination by council on professional requirements and competence;

be issued a licence to practise as a pharmacist unless by reason of his personal conduct or mental or other illness, the council is of the opinion that the applicant is not a fit and proper person to be so licensed.

Resumption of practice after three years retirement.

24(3)

A pharmacist who has ceased to be a licensed pharmacist for a period exceeding three years is not entitled to become a licensed pharmacist unless he makes application therefor, pays the current annual fee and any arrears owing by him, is a fit and proper person to be so licensed, furnishes to council evidence satisfactory to it that he possesses the requisite knowledge to entitle him to practise as a licensed pharmacist, and, if required by council, takes such refresher course as it may prescribe.

Shop licences.

25(1)

Every person who intends to operate a pharmacy shall apply for a shop licence.

Corporation applying.

25(2)

When the applicant for a shop license is a corporation it shall notify the registrar of the names and addresses of the directors of the corporation and if a license is issued it shall when requested by the registrar by registered letter notify the registrar within seven days of the request of the names and addresses of the directors of the corporation.

Application for shop licence.

25(3)

An applicant for a shop licence shall, subject to subsection (8),

(a) file with the registrar an application in the form prescribed by the council, giving such information as the council requires, and where the applicant is a corporation, the application shall be signed by the licensed pharmacist who will have the management of the pharmacy and by every director of the corporation who is a licensed pharmacist;

(b) furnish the registrar with evidence satisfactory to the council that during all times that the shop is open for business for the sale of poisons, drugs, or medicines or the compounding and dispensing of prescriptions, there will be therein a licensed pharmacist in charge of the management and conduct of the business carried on therein;

(c) if so required, satisfy the council as to the suitability of the premises for the purpose:

(d) furnish the registrar with satisfactory evidence respecting the ownership of the pharmacy or control of the partnership or corporation, as the case may be; and

(e) other than in the case of a renewal of an existing shop licence, furnish to the registrar with an undertaking that the name under which the pharmacy for which the shop licence is being sought, is a name which will not contravene or offend the code of ethics adopted by the association.

Form of shop licence.

25(4)

A shop licence shall be in such form as the council by resolution may from time to time approve and upon issue the licence entitles the holder thereof to conduct or have conducted in accordance with this Act a pharmacy in the premises designated in the licence.

Shop licence to be annual.

25(5)

A shop licence shall be an annual licence, and may be renewed from year to year, and shall be in force for the term of one year from a date fixed by the council.

Management of shops.

25(6)

Every licensed pharmacist who, and every corporation that, has taken out a shop licence pursuant to this Act shall, at all times that the place designated in the licence is open for business for the sale of poisons, drugs or medicines or the compounding and dispensing of prescriptions, have therein a licensed pharmacist in charge of the management and conduct of the business carried on therein.

Shop licence to be displayed.

25(7)

A shop licence when issued, shall be displayed in a conspicuous place in the pharmacy and over the door or principal entrance thereto there shall be displayed in prominent legible letters the words "Licensed Pharmacy" .

Application for shop licence.

25(8)

Every licensed pharmacist and every corporation desiring to obtain a shop licence for a pharmacy shall submit an application therefor to the registrar at least 30 days prior to the date he or it proposes to open the pharmacy for business.

Notice to registrar of names of employees.

26(1)

The proprietor of any pharmacy shall notify the registrar in writing of the names of the manager, licensed pharmacists, or registered students, employed by him, and of any change thereof within seven days from the date of the change.

Obligations of corporation and directors.

26(2)

Where a pharmacy is owned by a corporation, the licensed pharmacist or pharmacists who are directors of the corporation and the corporation are jointly and severally responsible for the compliance with the provisions of this Act, by-laws of the association and the code of ethics of the profession.

Licence of pharmacist to be displayed.

27

Every licensed pharmacist, whether the owner or manager of, or employee in, a pharmacy, shall display and keep displayed in some conspicuous position therein his licence for the current year.

Carrying on of pharmacy business.

28(1)

No person shall, by himself or through another person, carry on the business of a pharmacist, unless,

(a) it is carried on in a pharmacy licensed under this Act;

(b) the shop licence is duly displayed in the pharmacy;

(c) there is displayed in legible letters over the door or principal entrance of the pharmacy the words "Licensed Pharmacy"; and

(d) the name of the pharmacist in charge thereof, accompanied by the word "pharmacist" is displayed at some conspicuous place on the outside of the premises, at or near the door or entrance thereof.

"Licensed Pharmacy" to be used only in licensed shops.

28(2)

No person shall use the words "Licensed Pharmacy" over the entrance to a shop unless the shop is licensed under this Act.

Change of ownership.

29

In the event of a change of ownership of a pharmacy licensed under this Act, the holder of the shop licence shall deliver the licence up to the registrar, within seven days of the change of ownership, for cancellation; and a new licence may be issued to the new owner upon his complying with the conditions required for the issue of the licence and paying the fee therefor as prescribed by the council.

Prohibitions.

30(1)

Save as in this Act otherwise provided, no person except a licensed pharmacist shall,

(a) keep open a shop for retailing, dispensing, or compounding drugs, poisons or medicines including the articles from time to time named in any regulation made hereunder;

(b) dispense or compound poisons, drugs, or medicines;

(c) sell or attempt to sell or keep or expose for sale, poisons, drugs or medicines;

(d) act as agent for a licensed pharmacist except in a pharmacy licensed under this Act;

(e) assume or use the title of "pharmaceutical chemist", or "chemist and druggist", or "chemist", or "druggist", or "pharmacist", or "apothecary", or "dispensing chemist", or "dispensing druggist", or "herbalist", or display on or about a shop or advertise, display, list, or use in an advertisement, any of the titles mentioned, or the designation, "drug store", "drug department", "drug sundries", "pharmacy", "drugs", or "medicine", or assume, use, display, advertise, list, or use in an advertisement, any other sign, title or advertisement implying, or calculated to lead the public to infer, that he is licensed under this Act.

Drugs, etc., in shop deemed for sale.

30(2)

Where any poisons, drugs, or medicines, are found in a shop in which business is transacted, it shall be conclusively deemed that they are kept for sale.

Corporations complying with Act saved.

30(3)

Nothing in this Act prevents a corporation authorized to do business in the province from owning or carrying on the business of a pharmacy; but the corporation may only sell poisons, drugs, or medicines, and compound prescriptions, upon obtaining a shop licence and otherwise complying with this Act, the by-laws of the association and the code of ethics of the association.

Registered student.

30(4)

No registered student shall compound prescriptions or sell drugs, poisons or medicines save in the presence and under the direct supervision of a licensed pharmacist.

Regulations.

31

For the purpose of carrying out the provisions of this Act according to their intent, the Lieutenant Governor in Council may make such regulations as are ancillary thereto and not inconsistent therewith; and every regulation made under and in accordance with the authority granted by this section has the force of law; and without restricting the generality of the foregoing the Lieutenant Governor in Council may make regulations

(a) defining any word or expression used in this Act, but not defined herein;

(b) prescribing forms and the contents thereof for use under this Act;

(c) respecting the sale and dispensing of drugs;

(d) requiring information in addition to that set out in subsections 45(10) and (12) to be included on the prescription;

(e) to establish a Manitoba Drug Standards and Therapeutics Formulary and setting out such information with respect to pharmaceutical products as he deems advisable.

Sales on prescription.

32(1)

No licensed pharmacist shall sell any of the articles named in any regulation made under this Act concerning prescribed drugs except to a medical practitioner, veterinary surgeon, or dentist, or upon the prescription of a medical practitioner, veterinary surgeon, or dentist.

Sale of poisons.

32(2)

No licensed pharmacist shall sell any article mentioned in any regulation made hereunder respecting poisons unless

(a) before delivery, he makes an entry in a book to be kept for that purpose in the form prescribed by council; and

(b) the box, vessel, bottle, wrapper, or cover, in which the article is contained is distinctly labelled with the name of the article and the word "poison" in conspicuous letters, and, if sold by retail, the label gives the name and address of the establishment in which the poison is sold.

Sale for agricultural or veterinary use.

32(3)

If a licensed pharmacist and an article comply with the Food and Drugs Act (Canada), and the regulations made thereunder with respect to the article, the licensed pharmacist may sell, for agricultural or veterinary use, without a prescription therefor that article if it is named in any schedule to that Act or any regulation made under this Act.

Records to be open for inspection.

32(4)

Every record required to be kept under this Act or under any by-law of the association, shall be open at all times during business hours for inspection by any officer of the association, or by any agent of the association, appointed in writing under the hand of the registrar or by a judge of a court in the province, or by a magistrate, or by any person authorized in writing by the judge or magistrate; and no person shall refuse to permit the inspection.

Offence.

32(5)

Any person who obstructs the registrar, an inspector, or any other authorized person, in taking or carrying on any action or proceeding that he is authorized or required under this Act to take or carry on is guilty of an offence under this Act.

Misleading or untruthful statements.

32(6)

No person shall make a misleading or untruthful statement or representation in connection with the sale or purchase of any of the articles mentioned in any regulation made hereunder.

Sale of incorrectly described articles.

33

No person shall wilfully or knowingly sell any article under the pretence that it is a particular drug or medicine which in fact it is not; and any person so doing, in addition to any other penalties to which he may be liable, is subject to the penalties under this Act.

GENERAL PROVISIONS

Standard of preparation.

34

All compounds prepared by a licensed pharmacist, shall be prepared according to the formula directed by or under the requirements of the Food and Drugs Act (Canada).

Copies of prescriptions.

35

Every person who presents a prescription to a licensed pharmacist to be filled is entitled to a copy thereof, and the copy shall be plainly marked "copy", but the original prescription shall be retained by the licensed pharmacist.

Continuation of business in case of bankruptcy.

36

Where the owner of a pharmacy licensed under this Act becomes bankrupt or insolvent, or makes an assignment for the general benefit of creditors, the trustee in bankruptcy, liquidator or assignee, as the case may be, is entitled to continue the business if it is personally managed and conducted by a licensed pharmacist.

Liability of owner for acts of agent.

37

An owner, proprietor, or manager, is liable for every offence against this Act committed by any person employed by him, other than a licensed pharmacist, with his permission, consent, or approval, express or implied: and the onus of proof that the offence was committed without his permission, consent or approval lies on him.

SAVING PROVISIONS

Sales exempted from Act.

38(1)

Where a medicine has been compounded in a laboratory in which medicine is compounded for sale under the personal superintendence of a licensed pharmacist, nothing in this Act prevents

(a) a person from selling the medicine in properly marked packages to a licensed pharmacist, a dentist, a medical practitioner, or a veterinary surgeon; or

(b) a dentist, a medical practitioner, or a veterinary surgeon from personally supplying the medicine to a person requiring it or personally administering the medicine: or

(c) any wholesale dealer from supplying the medicine in properly marked packages in the ordinary course of wholesale dealing to persons entitled to sell the medicine by wholesale or retail.

Personally compounded or dispensed medicine by medical practitioner.

38(2)

Nothing in this Act prevents a medical practitioner from supplying or administering a medicine which he personally compounded or dispensed to a person requiring it, if the medical practitioner

(a) furnishes the person with the prescription for the medicine where requested by the person; and

(b) does not make any charge on the person for . the prescription.

Sales saved.

39

Nothing in this Act prevents a person from selling or keeping for sale by means other than by a vending machine

(a) a proprietary medicine if the container is distinctly labelled with the name of the article and the name and address of the person putting up the article for sale in the container, and where the article is a poison, the word "poison" appears in conspicuous letters on the label; or

(b) any article for agricultural or veterinary use that is a pest control product within the meaning of the Pest Control Products Act (Canada), and that is a brand of pest control product that is registered under that Act, if it is sold in accordance with that Act and the regulations; or

(c) any article that is named in any regulation made hereunder concerning "prescribed drugs" and that under the Food and Drugs Act (Canada) and the regulations made thereunder may be sold for agricultural or veterinary purposes without a prescription therefor, if it is sold in accordance with that Act and those regulations.

PENALTIES AND PROSECUTIONS

Penalty for violations.

40(1)

Any person who violates, contravenes, or refuses, omits, fails, or neglects, to obey or comply with any provision of this Act or the regulations is guilty of an offence and is liable on summary conviction, to a fine, for a first offence, of not less than $100. and not more than $250. and for each subsequent offence of not less than $500. and not more than $1,000.

Subsequent proceedings and penalties.

40(2)

In default of payment of any fine imposed under subsection (1), a person guilty of a first offence is liable to imprisonment for a term not exceeding two months, and for each subsequent offence, for a term not exceeding four months.

Time limit.

40(3)

No prosecution under this Act shall be commenced after the expiry of two years from the date of the alleged offence.

Penalties payable to association.

40(4)

All penalties recovered under this Act as a result of a prosecution by or on behalf of the association shall be paid to the registrar of the association and form part of the funds thereof.

Payment of costs.

40(5)

A pharmacist or student upon whom a fine has been imposed other than under subsection (1) or who has been censured, suspended or expelled from the association under the provisions of any by-law enacted in accordance with the-provisions of clause 11(1)(g), may be ordered by the council or the discipline committee, as the case may be, to pay all or any part of the costs and expenses incurred by the association in carrying out any investigation or conducting any hearing on any subject matter of inquiry, or complaint, or charge in respect of which he is so fined or censured or suspended or expelled.

Order may be filed in court.

40(6)

A copy of the order of the council of the association or of the discipline committee made under subsection (5) duly certified by the registrar of the association may be filed in the Court of Queen's Bench, and thereupon it becomes a judgment of that court.

Licence as evidence.

41

The production of a licence purporting to be issued under this Act and under the hand of the registrar and the seal of the association, is evidence of its contents.

Information for more than one offence.

42

Where a person is charged with more than one offence under this Act, all the charges may be included in one information.

Cancellation of licence.

43(1)

Upon a resolution of the council of the association or of the discipline committee thereof, declaring that a person, in consequence of

(a) his conviction for an offence against an Act of the Parliament of Canada or of the Legislature relating to the sale of drugs, poisons, or alcoholic liquors; or

(b) his conviction for a crime involving moral turpitude; or

(c) his personal habits in regard to the use of poisons, drugs, or alcoholic liquors; or

(d) failure to observe proper pharmaceutical practice;

is unfit to practise his profession as a licensed pharmacist, all licences issued to him under this Act shall be cancelled, and the registrar shall strike his name off the registers of the association.

Effect of cancellation of licence.

43(2)

A pharmacist whose licence has been cancelled under this section shall not practise as a pharmacist or carry on the business of a pharmacy, or be an employee in a pharmacy, and shall not be a director, or vote, or interfere as a shareholder in a corporation owning or carrying on the business of a pharmacy.

Appeal.

43(3)

A licensed pharmacist whose licences have been cancelled may, within 30 days of such cancellation, appeal therefrom to a judge of the Court of Queen's Bench in accordance with the provisions of section 15 and the provisions of that section apply with such modifications as the circumstances require to the appeal.

Action on decision of court.

43(4)

On final disposal of all appeals, if any, the registrar shall make such entry in the register as is necessary to comply with the order of the court, and where the order so directs, restore the licence.

Reinstatement by council.

43(5)

The council may, upon application and upon such terms and conditions as it may impose reinstate a person whose name has been struck off the register.

Reinstatement of licence.

43(6)

Where a licence for a pharmacy owned by a corporation has been cancelled under this Act, the corporation is not entitled to take out a further licence for the pharmacy unless the corporation furnishes to the registrar evidence satisfactory to the council that the pharmacy, if licensed, will be operated in accordance with this Act.

No recovery for articles sold in violation of Act.

44

A person selling articles in violation of this Act is not entitled to recover the amount of any charges in respect thereof in any court.

Definition of "interchangeable pharmaceutical product".

45(1)

In this section "interchangeable pharmaceutical product" means a product containing a drug or drugs in the same or similar amounts of the same or similar active ingredients in the same or similar form as another product directed by a prescription and is listed in the Manitoba Drug Standards and Therapeutics Formularly as being interchangeable with that other product directed by the prescription.

Substitution of interchangeable product.

45(2)

Every person who dispenses a prescription for a drug under its brand, chemical or generic name shall, unless otherwise directed by the prescriber in his own handwriting, dispense an interchangeable pharmaceutical product other than the one prescribed, if the interchangeable pharmaceutical product is listed as an interchangeable pharmaceutical product in the Manitoba Drug Standards and Therapeutics Formulary and is lower in cost than the drug prescribed.

Cost.

45(3)

No person shall knowingly supply an interchangeable pharmaceutical product under subsection (2) at a price in excess of the cost of the lowest priced interchangeable pharmaceutical product and the maximum dispensing fee set out in the Manitoba Drug Standards and Therapeutics Formulary.

Price of certain interchangeable products.

45(4)

Where a prescriber has not authorized the dispensing of an interchangeable pharmaceutical product, the person who dispenses the prescription shall not charge a price for the prescribed drug that is greater than the price set out for that drug in Manitoba Drug Standards and Therapeutics Formulary.

Dispensing of drugs not in formulary.

45(5)

Notwithstanding subsection (3), every person who dispenses a prescription for a drug under a brand, chemical or generic name, that is not listed in the Manitoba Drug Standards and Therapeutics Formulary, shall, unless otherwise directed by the prescriber in his own handwriting dispense an interchangeable pharmaceutical product other than the one prescribed but which is in the Manitoba Drug Standards and Therapeutics Formulary and is lowest in cost.

No substitution instructions to continue.

45(6)

In the event a drug is prescribed for a person on a continuing basis and a subsequent prescription is issued for that person for that drug and "no substitution" has been written by the prescriber on the original prescription then all subsequent oral authorizations for the continuation of that prescription for that drug for that person shall be dispensed according to the "no substitution" instructions written on the initial prescription.

Prescriber may waive no substitution instructions.

45(7)

Notwithstanding subsections (2), (5) or (6) where the prescriber of a drug states in the initial prescription for a person that there shall be no substitution for that drug that person, the prescriber may, in issuing any subsequent authorization for the continuation of that prescription for that drug for that person, waive the "no substitution" instructions set out in the initial prescription.

No action or proceeding.

45(8)

No action or other proceeding lies or shall be instituted against a prescriber or licensed pharmacist on the grounds that an interchangeable pharmaceutical product other than the product prescribed was dispensed in accordance with this section.

Exemption from liability.

45(9)

Where a licensed pharmacist dispenses a drug in accordance with subsection (5), no action or other proceeding lies or shall be instituted against the pharmacist or the prescriber, notwithstanding that the drug dispensed is not an interchangeable pharmaceutical product.

Information noted on prescription.

45(10)

Every person who dispenses a drug pursuant to a prescription shall ensure that the following information is included on the prescription:

(a) The name and address of the person for whom the drug is prescribed.

(b) The name, strength (where applicable) and quantity of the prescribed drug.

(c) The directions for use, as prescribed.

(d) The name and address of the prescriber.

(e) The identity of the manufacturer of the drug dispensed.

(f) An identification number or other designation.

(g) The signature or initials of the person dispensing the drug, and where different, also the signature or initials of the person receiving an oral prescription.

(h) The date on which the drug is dispensed.

(i) The price charged.

Records to be retained.

45(11)

The records required under subsection (10) shall be retained in the possession of a pharmacist dispensing a drug for not less than six years after the date the drug is dispensed.

Identification markings.

45(12)

The container in which the drug is dispensed shall be marked with

(a) the identification number that is on the prescription;

(b) the name, address and telephone number of the pharmacy in which the prescription is dispensed;

(c) the identification of the drug as to its name, its strength and its manufacturer, unless directed otherwise by the prescriber:

(d) the signature or the initials of the person dispensing the drug:

(e) the date the prescription is dispensed;

(f) the name of the prescriber;

(g) the name of the person for whom it is prescribed;

(h) the directions for use as prescribed;

(i) the price charged for the prescription: and

(j) the quantity of the drug dispensed.

Disclosure of records.

45(13)

The minister responsible for the administration of The Health Services Act may require any person operating a pharmacy to make available to him any information from records required to be kept under this Act.

Application of subsections (10), (11), and (12) to hospitals, etc.

45(14)

Subsections (10), (11), and (12) do not apply in respect of a drug prescribed for a person who is an in-patient of a hospital and dispensed by a pharmacist employed by and in the hospital.

Advisory committee.

46

The Lieutenant Governor in Council may establish and appoint persons as members to a committee to advise him on matters relating to the Manitoba Drug Standards and Therapeutics Formulary and to the information set out therein.