Pharmacy Regulations
made under Sections 4, 13, 14 and 177 of the
Regulated Health Professions Act
S.N.S. 2023, c. 15
O.I.C. 2025-165 (effective June 30, 2025), N.S. Reg. 110/2025
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Interpretation
Citation
Definitions
Regulator
Nova Scotia College of Pharmacists continued
Bylaw authorization
Public representatives on Board
Appointment of public representatives to Board
Scope of Practice
Scope of practice of pharmacy
Scope of practice of designations and licensing categories
Registration and Licensing
Practising licence categories
Conditional licence categories
Application and criteria for registration in practising register
Criteria for practising licence
Criteria for registration in conditional register
Criteria for conditional licence
Practice and Title Use Restrictions, Services Not Prohibited and Publication Restrictions
Restriction on practice of pharmacy
Restriction on use of “pharmacist” title, description or designation
Restriction on use of “pharmacy technician” title, description or designation
Restriction on use of bylaw licensing category title, description or designation
Services not prohibited by Act, regulations or bylaws
Restriction on use of title or designation in advertisement or publication
Inspections
Inspector
Authority of inspector
Report by inspector
Power of inspector to remove items
Evidence of Drug and Certificate of Analysis
Evidence of drug
Certificate of analysis
Fines
Professional conduct fines
Pharmacies
Operation of pharmacies
Pharmacy accreditation
Licensing of pharmacies
Renewal of pharmacy licence
Name on pharmacy licence
Evidence of pharmacy licence
Register of pharmacies
Disclosure of pharmacy information
Notification of registrar by pharmacy manager or pharmacy owner
Operation of pharmacy after death of owner
Presence of registrant without capacity or professional competence in pharmacy
Responsibility for activity in pharmacy
Restriction on use of designations, service descriptions and forms of expression to
describe business or premises
Application of Act, regulations, General Regulations and bylaws to hospital pharmacies
and pharmacy services provided in hospital
Criminal Offences and Withdrawal or Suspension of Privileges
Criminal offence or suspension or withdrawal of privilege of applicant or registrant
Transition from Former Act to Act
Bylaw notice requirement waived
Interpretation
Citation
1 These regulations may be cited as the Pharmacy Regulations.
Definitions
2 In these regulations,
“Act” means the Regulated Health Professions Act;
“Board” is further defined to mean the board of the Regulator;
“competency framework” means a framework approved by the Board establishing
the competencies that registrants are required to possess to practise safely and
ethically within the scope of practice of their designation or licensing category;
“Court” means the Supreme Court of Nova Scotia;
“dispense” means the process of completing a prescription and includes releasing
the prescription to a client;
“drug” has the same meaning as in the Food and Drugs Act (Canada) and includes
any substance or combination of substances included in a prescription or
incorporated in a schedule set out in the bylaws;
“former Act” is further defined to mean Chapter 11 of the Acts of 2011, the
Pharmacy Act;
“General Regulations” means the Regulated Health Professions General
Regulations made under the Act;
“hospital pharmacy” means a pharmacy
(i) within the care and jurisdiction of a hospital as defined in the
Hospitals Act, and
(ii) that provides pharmacy services, including the dispensing of drugs,
only to the following persons:
(A) hospital inpatients, including those on a short leave of absence
from the hospital,
(B) discharged hospital inpatients that require drugs or emergency
hospital outpatients that require drugs, if the drugs are
dispensed in small quantities for use by the patient until the
patient can obtain pharmacy services from a non-hospital
pharmacy,
(C) hospital outpatients that require drugs, if the drugs
(I) are administered within the jurisdiction of the hospital,
(II) are dispensed through the hospital under a publicly
funded program that requires the drugs to be dispensed
through a hospital, or
(III) are dispensed through the hospital under a special access
program that requires the drugs to be dispensed through a
hospital or clinical trial that requires the drugs to be
dispensed through a hospital,
(D) hospital outpatients that require specialized pharmacy services
that can be reasonably accessed only through a hospital,
(E) persons that require the dispensing of a drug that can be
reasonably accessed only through a hospital or specialized
pharmacy services that can be reasonably accessed only
through a hospital, as set out in the bylaws;
“inspector” means an inspector appointed under these regulations;
“Nova Scotia College of Pharmacists” means the college continued under Section
3 of the former Act;
“pharmacy” means 1 of the following:
(i) a part of a place where scheduled drugs are sold by retail with or
without a prescription and that includes a dispensary and professional
service area,
(ii) a facility authorized by the bylaws, including any of the following:
(A) a licensed pharmacy,
(B) a formerly licensed pharmacy,
(C) a pharmacy with a suspended licence or accreditation;
“pharmacy owner” means a person who owns or directs the operation of a facility
or an entity through which a licensed pharmacy operates or who, directly or
indirectly, exercises a significant degree of control over any of the following:
(i) the management and policies of a licensed pharmacy,
(ii) the conduct of the registrants employed by a licensed pharmacy;
“pharmacy services” means services within the practice of pharmacy provided by a
registrant;
“prescription” means an authorization that meets all of the following criteria:
(i) it is made in compliance with all of the following:
(A) the Food and Drugs Act (Canada),
(B) the Controlled Drugs and Substances Act (Canada),
(C) the bylaws,
(ii) it is made by a person authorized by law to prescribe drugs or
devices,
(iii) it allows for the dispensing of a specified drug or device for use by a
designated individual or animal;
“registration and licensing decision maker” means the registrar, the registration and
licensing committee or the registration and licensing review committee, as
applicable;
“Regulator” means the Nova Scotia Pharmacy Regulator;
“respondent” is further defined to include a pharmacy owner who is not a
registrant;
“scheduled drug” means a drug or device listed in the schedule of drugs in the
bylaws;
“title protection” means the restriction on the use of a title associated with a
particular designation or category of licence to persons who are authorized to
practise within the scope of that designation or registered and licensed in that
category of licence.
Regulator
Nova Scotia College of Pharmacists continued
3 The Nova Scotia College of Pharmacists is continued as a regulatory body under the
name Nova Scotia Pharmacy Regulator with the purpose of regulating the profession of
pharmacy in accordance with the objects set out in Section 6 of the Act.
Bylaw authorization
4 The Regulator is authorized to make bylaws under clauses 12(2)(a), (b), (c), (d), (e), (f),
(g), (h), (i), (j), (k), (l) and (m) of the Act, in accordance with the Act and these
regulations.
Public representatives on Board
5 In addition to the requirement of subsection 7(2) of the Act, the number of public
representatives on the Board must be no fewer than 3 and no more than 4.
Appointment of public representatives to Board
6 (1) The Regulator may appoint public representatives to the Board.
(2) The Regulator must publicly advertise openings for public representatives on the
Board for at least 30 days on the Regulator’s website, another website or another
publicly available digital platform.
(3) The Board may remove a public representative from the Board before the
expiration of their term of office if
(a) the Board makes a special motion to remove the public representative from
the Board; and
(b) a 2/3 majority of the Board votes in favour of the special motion described
in clause (a).
(4) If a public representative’s Board position becomes vacant before the expiration of
the public representative’s term of office, the Board may appoint a new public
representative to fill the vacancy on the Board by using the results of previous
recruitment efforts or undertaking additional recruitment.
(5) A public representative appointed to the Board under subsection (4)
(a) may complete the term of the public representative they are replacing; and
(b) is eligible for reappointment.
Scope of Practice
Scope of practice of pharmacy
7 (1) The scope of practice of pharmacy is the application of specialized and evidence-based pharmacy knowledge, skills and judgment that have been taught in an
approved education program or are set out in 1 or more of the following approved
by the Board:
(a) competency frameworks;
(b) standards of practice;
(c) practice guidelines.
(2) The scope of practice of pharmacy as described in subsection (1) includes the
performance of any or all of the following activities:
(a) supervising and managing drug distribution systems;
(b) compounding, preparing and dispensing drugs and blood products;
(c) preparing and dispensing devices;
(d) assessing, identifying, treating and managing health conditions;
(e) promoting health and preventing and treating diseases;
(f) performing any other services, roles, functions and activities included in the
scope of practice of the designations and licensing categories set out in the
bylaws.
(3) The scope of practice of pharmacy also includes health promotion, research,
education, inter-professional collaboration, consultation, management,
administration, advocacy, regulation or system development that is related to the
activities and application of specialized and evidence-based pharmacy knowledge,
skills and judgment described in subsections (1) and (2).
Scope of practice of designations and licensing categories
8 Under clauses 12(2)(k) and (l) of the Act, the Regulator may make bylaws setting out all
of the following:
(a) the scope of practice of each designation and licensing category established
(i) in these regulations, and
(ii) in the bylaws;
(b) the title protection authorized for each designation and licensing category
established in the bylaws.
Registration and Licensing
Practising licence categories
9 The following are the practising licence categories for pharmacy:
(a) pharmacist practising licence;
(b) pharmacy technician practising licence;
(c) any other category of practising licence established in the bylaws.
Conditional licence categories
10 The following are the conditional licence categories for pharmacy:
(a) pharmacist conditional licence;
(b) pharmacy technician conditional licence;
(c) any other category of conditional licence established in the bylaws.
Application and criteria for registration in practising register
11 (1) An application required by Section 34 of the Act must be completed in the form
required by the registrar.
(2) In addition to the completed application, an applicant for registration in a practising
register must submit all of the following to the registrar:
(a) proof satisfactory to the registration and licensing decision maker that the
applicant meets all of the following criteria, except if any or all of the
criteria are waived under Section 59 of the Act:
(i) they are a graduate of 1 of the following:
(A) an education program approved for registration in the practising
register in which they seek to be registered,
(B) an education program that, in the opinion of the registration
and licensing decision maker, is equivalent to an education
program approved for registration in the practising register in
which they seek to be registered,
(C) an education program that, together with the applicant’s
additional education and experience and in the opinion of the
registration and licensing decision maker, provides the
applicant with the competencies to practice in the scope of
practice of registrants in the practising register in which they
seek to be registered,
(ii) they have successfully completed any examinations required by the
Board for registration in the practising register in which they seek to
be registered,
(iii) they have completed a competence assessment, if directed to do so
by the registration and licensing decision maker,
(iv) they have successfully completed any bridging education required for
registration that was determined to be necessary by a competence
assessment,
(v) they have demonstrated proficiency in the English language, in the
manner prescribed by the registrar,
(vi) they are a Canadian citizen or legally entitled to live and work in
Canada,
(vii) they have the capacity, competence and character to safely and
ethically engage in the practice of pharmacy without conditions or
restrictions,
(viii) they have no outstanding complaints, prohibitions, conditions,
agreements or restrictions originating from the Regulator or any other
registration or licensing authority that would preclude registration in
a register other than a conditional register,
(ix) they are the person named in the documentation submitted in support
of the application,
(x) under the requirements of the Act, these regulations and the bylaws,
they are eligible for a practising licence that corresponds with the
practising register in which they seek to be registered,
(xi) they meet any additional criteria for registration in a practising
register set out in the bylaws;
(b) the applicable fee, within the time determined by the registrar and using a
method acceptable to the registrar.
(3) The processing under Section 36 of the Act of an application and its associated
information, documents and fee described in subsections (1) and (2) must be
completed by the registrar as soon as practicable.
(4) A review and decision under Sections 37 and 38 of the Act regarding an
application must be completed by the registration and licensing committee as soon
as practicable.
Criteria for practising licence
12 (1) In addition to the completed application in a form approved by the registrar
required by Section 35 of the Act, an applicant for a practising licence must submit
all of the following to the registrar:
(a) proof satisfactory to the registration and licensing decision maker that the
applicant meets all of the following criteria, except if any or all of the
criteria are waived under Section 59 of the Act:
(i) they meet the registration criteria in subclauses 11(2)(a)(iii), (iv), (v),
(vi), (vii) and (ix),
(ii) they are registered in the practising register that corresponds with the
licensing category for which they are seeking a practising licence,
(iii) they have professional liability insurance or another form of
malpractice coverage or liability protection in the form and amount
set by the Board,
(iv) they meet the requirements of the continuing competence program
for the licensing category for which they are seeking a practising
licence,
(v) they meet the currency of practice requirements for the licensing
category for which they are seeking a practising licence,
(vi) they have no outstanding complaints, prohibitions, conditions,
agreements or restrictions originating from the Regulator or any other
registration or licencing [licensing] authority that limit their ability to
practise,
(vii) they have completed any assessments or education required by the
Board for the licensing category for which they are seeking a
practising licence,
(viii) they meet any additional criteria for issuing a practising licence set
out in the bylaws;
(b) the applicable fee, within the time determined by the registrar and using a
method acceptable to the registrar.
(2) The processing under Section 36 of the Act of an application and associated
information, documents and fee described in subsection (1) must be completed by
the registrar as soon as practicable.
(3) A review and decision under Sections 37 and 38 of the Act regarding an
application must be completed by the registration and licensing committee as soon
as practicable.
Criteria for registration in conditional register
13 (1) The registrar must enter the name of a person who meets all of the following in a
conditional register:
(a) for an existing registrant in a practising register, they have
(i) agreed to conditions or restrictions that limit their ability to practise,
or
(ii) had conditions or restrictions that limit their ability to practise
imposed on them as a result of a regulatory process;
(b) for an applicant for registration in a register, they meet all of the following
requirements:
(i) all of the criteria for registration in a practising register, other than the
criteria in subclauses 11(2)(a)(vii), (viii), (x) and (xi), and except as
provided in subsection (4),
(ii) they have the capacity, competence and character to safely and
ethically engage in the practice of pharmacy with conditions or
restrictions,
(iii) they have either
(A) agreed to conditions or restrictions that limit their ability to
practise, or
(B) had conditions or restrictions that limit their ability to practise
imposed on them as a result of a regulatory process,
(iv) under the requirements of the Act, these regulations and the bylaws,
they are eligible for a conditional licence that corresponds with the
conditional register in which they seek to be registered,
(v) any other requirements for registration in a conditional register set
out in the bylaws,
(vi) they have paid the applicable fee, within the time determined by the
registrar and using a method acceptable to the registrar.
(2) The processing of an application under Section 36 of the Act for an applicant
described in clause (1)(b) must be completed by the registrar as soon as
practicable.
(3) A review and decision under Sections 37 and 38 of the Act regarding an
application made by an applicant described in clause (1)(b) must be completed by
the registration and licensing committee as soon as practicable.
(4) An applicant who has not passed the examinations required for registration, but
who otherwise meets the requirements of subsection 14(1), may be granted
conditional registration by the registration and licensing decision maker pending
the passing of the registration examinations.
Criteria for conditional licence
14 (1) The requirements to be met for issuing a conditional licence under Section 43 of
the Act are as follows:
(a) for a person who is an existing registrant holding a practising licence, they
have
(i) agreed to conditions or restrictions that limit their ability to practise,
or
(ii) had conditions or restrictions that limit their ability to practise
imposed on them as a result of a regulatory process;
(b) for an applicant for a licence, they meet all of the following requirements:
(i) all of the criteria for registration in a practising register, other than the
criteria in subclauses 11(2)(a)(vii), (viii), (x) and (xi), and except as
provided in subsection (4),
(ii) they are registered in a conditional register that corresponds with the
licensing category for which they are seeking a conditional licence,
(iii) the requirements for a practising licence in subclauses 12(1)(a)(iii)
and (vii),
(iv) they have the capacity, competence and character to safely and
ethically engage in the practice of pharmacy with conditions or
restrictions,
(v) any additional criteria for issuing a conditional licence set out in the
bylaws,
(vi) they have either
(A) agreed to the registration and licensing decision maker’s
imposition of conditions or restrictions that limit their ability to
practise, or
(B) had conditions or restrictions that limit their ability to practise
imposed by the registration and licensing decision maker or a
statutory committee;
(c) for all applicants, they have paid the applicable fee, within the time
determined by the registrar and using a method acceptable to the registrar.
(2) The processing of an application under Section 36 of the Act for an applicant
described in clause (1)(b) must be completed by the registrar as soon as
practicable.
(3) A review and decision under Sections 37 and 38 of the Act regarding an
application made by an applicant described in clause (1)(b) must be completed by
the registration and licensing committee as soon as practicable.
(4) An applicant who has not passed the examinations required for registration, but
who otherwise meets the requirements of subsection (1), may be issued a
conditional licence by the registration and licensing decision maker pending the
passing of the registration examinations.
Practice and Title Use Restrictions, Services Not Prohibited and Publication Restrictions
Restriction on practice of pharmacy
15 No person may engage or offer to engage in the practice of pharmacy or describe their
activities as “pharmacy” unless they are 1 of the following:
(a) a registrant holding a pharmacist practising licence or a pharmacist
conditional licence;
(b) a registrant holding a pharmacy technician practising licence or a pharmacy
technician conditional licence;
(c) otherwise authorized to practise pharmacy, in accordance with the Act,
these regulations, the General Regulations or the bylaws;
(d) exempt from the application of the Act, these regulations, the General
Regulations or the bylaws.
Restriction on use of “pharmacist” title, description or designation
16 No person may take or use the title, description or designation of “pharmacist”,
“druggist”, “pharmaceutical chemist” or “apothecary”, the abbreviation “PhC”, “R.Ph.”
or “R.Pharm” or any derivation or abbreviation of them either alone or in combination
with other words, letters or descriptions unless the person is 1 of the following:
(a) a registrant holding 1 of the following under these regulations or the bylaws:
(i) a pharmacist practising licence, as permitted by clause 40(a) of the
Act,
(ii) a pharmacist conditional licence;
(b) otherwise authorized to practise as a pharmacist or to use the relevant title,
description or designation in accordance with the Act, these regulations, the
General Regulations or the bylaws.
Restriction on use of “pharmacy technician” title, description or designation
17 No person may take or use the title, description or designation of “pharmacy technician”,
“pharmacy technologist”, “dispensing technician” or “dispensing technologist”, the
abbreviation “R.Ph.T” or “R.P.T.” or any derivation or abbreviation of them either alone
or in combination with other words, letters or descriptions unless the person is 1 of the
following:
(a) a registrant holding 1 of the following under these regulations or the bylaws:
(i) a pharmacy technician practising licence, as permitted by clause
40(a) of the Act,
(ii) a pharmacy technician conditional licence;
(b) otherwise authorized to practise as a pharmacy technician or to use the
relevant title, description or designation in accordance with the Act, these
regulations, the General Regulations or the bylaws.
Restriction on use of bylaw licensing category title, description or designation
18 No person may take or use the title, description or designation of a licensing category
established in the bylaws under clause 12(2)(l) of the Act, unless the person is 1 of the
following:
(a) a registrant holding a licence in the category that authorizes the use of that
title, description or designation;
(b) otherwise authorized to practise within the scope of the designation or to
use the title, description or designation of that licensing category, in
accordance with the Act, these regulations or the bylaws.
Services not prohibited by Act, regulations or bylaws
19 In addition to the services set out in Section 164 of the Act, nothing in the Act, these
regulations or the bylaws prohibits the provision of the following services:
(a) the selling of goods of any kind to any of the following:
(i) a regulated health professional who uses the goods in their authorized
practice,
(ii) a person authorized by law to prescribe drugs or devices;
(b) the provision of prescribed drugs or devices by the individuals described in
clause (a) to their clients who require those drugs or devices.
Restriction on use of title or designation in advertisement or publication
20 In any advertisement or publication, including business cards, websites and signage, that
refers to activities that fall within the scope of practice of pharmacy, the following
restrictions apply:
(a) only a person who is authorized to do so by these regulations may use the
following alone or in combination with other words, letters or descriptions:
(i) the title of “pharmacist” or “pharmacy technician” or any other title
or designation protected by these regulations or the bylaws,
(ii) any derivation or abbreviation of the titles or designations described
in subclause (i);
(b) only a person who is authorized to do so under Section 15 may describe
their activities as “pharmacy”.
Inspections
Inspector
21 The registrar
(a) may appoint an inspector; and
(b) is an inspector.
Authority of inspector
22 (1) An inspector may do all of the following without notice, at any reasonable time
and without a court order:
(a) inspect premises where pharmacy is practised;
(b) inspect equipment, materials and anything else with which a person
practises pharmacy or carries out duties and procedures delegated by a
registrant;
(c) inspect a pharmacy’s inventory of drugs and devices;
(d) inspect any of the following types of records:
(i) records of a pharmacy, including client records,
(ii) records of a registrant concerning the registrant’s practice of
pharmacy,
(iii) records located at premises where pharmacy is practised,
(iv) records of a registrant relating to any of the following reimbursers of
the cost of prescribed drugs, prescribed devices or other pharmacy
services:
(A) a federal or Provincial government payment agency,
(B) an insurer;
(e) observe, inspect or audit the practice of pharmacy or the carrying out of
duties and procedures in a pharmacy, including the carrying out of duties
and procedures by or on behalf of a registrant.
(2) If a registrant, a person who is delegated duties and procedures by a registrant or a
pharmacy owner misleads, obstructs or does not co-operate with an inspector while
the inspector is exercising the powers conferred upon them by these regulations,
the registrar may suspend the licence of the registrant or the pharmacy until the
misleading behaviour, obstruction or lack of co-operation ceases.
Report by inspector
23 (1) The inspector must make a report setting out
(a) the findings of an inspection conducted under Section 22; and
(b) any recommendations.
(2) The registrar must provide a copy of the report described in subsection (1) to each
registrant and pharmacy owner whose premises, equipment or records are
inspected.
Power of inspector to remove items
24 (1) An inspector may do all of the following at any reasonable time and without a
court order:
(a) remove a prescription file, drug, drug container, device, client record or
other record from a pharmacy or other location where pharmacy is practised
for the purpose of copying or photographing the record or file or
photographing the drug, drug container or device if it is impractical to make
the copy or take the photograph at the pharmacy or other location where
pharmacy is practised;
(b) remove any of the following from a pharmacy or other location where
pharmacy is practised:
(i) a sample of a drug or other thing, for the purpose of analyzing its
composition,
(ii) drugs or devices the inspector considers unfit for sale,
(iii) drugs or devices for which the expiry date has passed,
(iv) anything that, in the opinion of the inspector, is evidence of
professional misconduct, conduct unbecoming the profession,
incompetence, incapacity or a violation of the Act, these regulations,
the General Regulations or the bylaws.
(2) If a drug, device or thing is removed from a pharmacy or other location where
pharmacy is practised under clause (1)(b), it may be disposed of as directed by the
registrar, complaints committee or professional conduct committee unless the
Court orders otherwise.
(3) An inspector must provide any of the following persons employed and present at a
pharmacy or other location where pharmacy is practised with a receipt listing all
items removed from the pharmacy or other location where pharmacy is practised
under subsection (1):
(a) a pharmacy manager;
(b) a registrant.
Evidence of Drug and Certificate of Analysis
Evidence of drug
25 (1) All of the following articles that are sold or otherwise disposed of by a person or
that a person offers to sell or dispose of are deemed to be or contain a drug:
(a) an article that purports to be or contain a drug;
(b) a container marked to indicate that the contents are or include a drug;
(c) an article that the person has represented to be or contain a drug.
(2) The presence on business premises of a scheduled drug is proof, in the absence of
evidence to the contrary, that the scheduled drug is being kept for dispensing or
sale.
Certificate of analysis
26 (1) A certificate of analysis from an analyst appointed under the Food and Drugs Act
(Canada) that states all of the following is admissible in any proceeding under the
Act and is evidence of the statements contained in the certificate:
(a) the analyst has analyzed or examined a substance;
(b) the result of the analyst’s analysis or examination.
(2) Reasonable notice of the intention to introduce a certificate of analysis in evidence
must be given to the person against whom it is to be used, together with a copy of
the certificate.
Fines
Professional conduct fines
27 (1) A fine imposed by the professional conduct committee under clause 110(1)(m) of
the Act on a registrant must not exceed a maximum amount of $100 000.
(2) A fine imposed by the professional conduct committee under clause 110(1)(m) of
the Act on a pharmacy owner must not exceed a maximum amount of $500 000
for each pharmacy a finding is made against.
(3) In addition to the imposition of any fines described in subsection (2), the
professional conduct committee may impose 1 of the following fines on a
pharmacy owner for each pharmacy a finding is made against:
(a) a fine of $25 000 for each additional day the conduct that is the subject of
the finding continues;
(b) if the pharmacy owner is financially benefiting from the conduct that is the
subject of the finding, a fine in an amount equal to the proceeds received by
the pharmacy owner from the conduct that is the subject of the finding.
(4) If a respondent is a pharmacy owner who is also a registrant, the professional
conduct committee must determine based on the nature of allegations which
maximum fine amount is applicable to the respondent.
Pharmacies
Operation of pharmacies
28 (1) A person may operate a pharmacy only if the pharmacy is licensed under Section
30.
(2) A person may dispense drugs only in a pharmacy licensed under Section 30, in a
hospital pharmacy or as permitted by an Act, these regulations or the bylaws.
Pharmacy accreditation
29 (1) Accreditation for a pharmacy must be granted
(a) in the name of the pharmacy’s owner; and
(b) by the registration and licensing decision maker on confirmation that the
pharmacy meets the requirements of these regulations and the bylaws.
(2) A pharmacy’s accreditation terminates if the ownership of the pharmacy changes.
(3) A pharmacy’s accreditation is not a licence to operate the pharmacy.
Licensing of pharmacies
30 (1) The registrar must issue a pharmacy licence for a pharmacy if all of the following
criteria are met:
(a) the pharmacy is accredited;
(b) the pharmacy owner and the pharmacy manager each certify to the registrar
(i) that the pharmacy complies with the requirements set out in the
bylaws, and
(ii) that, to the best of their knowledge, every registrant employed in the
pharmacy has the capacity and professional competence to safely
practise pharmacy;
(c) the pharmacy manager is a licensed registrant;
(d) the registrar is satisfied that the pharmacy complies with the requirements of
the Act, these regulations, the General Regulations and the bylaws;
(e) the fees prescribed by the Board for a pharmacy to be issued a pharmacy
licence have been paid.
(2) The refusal of the registrar to issue a pharmacy licence for a pharmacy under
subsection (1) may be appealed by the pharmacy owner to the registration and
licensing review committee in accordance with the Act, these regulations, the
General Regulations and the bylaws.
Renewal of pharmacy licence
31 (1) The registrar must renew a pharmacy licence for a pharmacy before its expiry if the
pharmacy continues to meet the criteria set out in clauses 30(1)(a), (b), (c) and (d)
and pays all outstanding fees and the pharmacy licence renewal fees prescribed by
the Board.
(2) If a pharmacy does not pay the outstanding fees and pharmacy licence renewal fees
described in subsection (1) before the expiry of its pharmacy licence,
(a) its pharmacy licence must be suspended by the registrar until it pays the
outstanding fees and pharmacy licence renewal fees;
(b) it must not operate as a pharmacy until it pays the outstanding fees and
pharmacy licence renewal fees; and
(c) the registrar may bring the suspension imposed under clause (a) to the
attention of the public and other affected parties using any means the
registrar determines are in the public interest and at the pharmacy’s expense.
(3) The registrar must renew a pharmacy licence suspended under clause (2)(a)
immediately upon the pharmacy paying the outstanding fees and pharmacy licence
renewal fees described in subsection (1) if the pharmacy continues to meet the
criteria set out in clauses 30(1)(a), (b), (c) and (d).
Name on pharmacy licence
32 (1) A pharmacy licence for a pharmacy must be issued in the name of the licensed
registrant who is the pharmacy manager.
(2) A pharmacy licence for a pharmacy ceases to be valid when the registrant in whose
name the pharmacy licence is issued ceases to be the pharmacy manager or a
licensed registrant.
(3) A pharmacy may be issued a new pharmacy licence in the name of a new
pharmacy manager in accordance with the Act, these regulations and the bylaws.
Evidence of pharmacy licence
33 A certificate from the registrar stating that a pharmacy has or does not have a current
pharmacy licence must be received in evidence in any court and is evidence of the
statements contained in the certificate.
Register of pharmacies
34 The registrar must keep a register of all pharmacies licensed under the Act, these
regulations and the bylaws.
Disclosure of pharmacy information
35 (1) The registrar may publish the quality and performance results of a pharmacy
quality and performance management program that are related to 1 or more
pharmacies if the registrar determines it is in the public interest to do so.
(2) The registrar may disclose information about pharmacies, including about an
identifiable pharmacy, to the Minister for purposes consistent with the objects of
the Act and these regulations if the registrar determines it is in the public interest to
do so, including information about any of the following:
(a) human resource planning and management;
(b) equity initiatives;
(c) research.
Notification of registrar by pharmacy manager or pharmacy owner
36 (1) A pharmacy manager must notify the registrar, in the form required by the
registrar, of all of the following:
(a) the names of all of the following individuals:
(i) the pharmacy manager,
(ii) all registrants and staff employed in the pharmacy;
(b) any changes in the registrants and staff employed in the pharmacy.
(2) A pharmacy manager must notify the registrar in writing before ceasing to do any
of the following:
(a) manage the pharmacy;
(b) own the pharmacy.
(3) An owner of a licensed pharmacy who becomes bankrupt or insolvent or makes an
assignment for the benefit of creditors must immediately notify the registrar in
writing of the bankruptcy, insolvency or assignment.
(4) If an owner of a licensed pharmacy dies, becomes incapacitated, becomes bankrupt
or insolvent or makes an assignment for the benefit of creditors, the pharmacy
manager must immediately notify the registrar in writing of the death, incapacity,
bankruptcy, insolvency or assignment.
Operation of pharmacy after death of owner
37 A trustee in bankruptcy, liquidator, assignee or personal representative of a deceased
owner of a licensed pharmacy must not operate the pharmacy for the purposes of the
bankruptcy, insolvency, assignment or estate unless they obtain accreditation and a
pharmacy licence.
Presence of registrant without capacity or professional competence in pharmacy
38 A registrant who does not have the capacity or professional competence to practise
pharmacy is not permitted to be in a pharmacy and neither the pharmacy owner nor the
pharmacy manager may permit the registrant to be in the pharmacy.
Responsibility for activity in pharmacy
39 (1) All of the following persons are responsible for all activity in a pharmacy and for
the pharmacy’s compliance with the Act, these regulations, the General
Regulations and the bylaws:
(a) the pharmacist on duty in the pharmacy;
(b) the pharmacy technician on duty in the pharmacy;
(c) the pharmacy owner;
(d) the pharmacy manager;
(e) every director of the corporation that owns the pharmacy.
(2) If a person commits an offence under the Act in a pharmacy, it is deemed to be an
offence committed by all of the following:
(a) the person who committed the offence;
(b) each of the directors of the corporation that owns the pharmacy severally;
(c) the corporation that owns the pharmacy.
(3) If a person commits an offence under the Act in a pharmacy with the express or
implied permission, consent, acquiescence or approval of the pharmacy owner, the
pharmacy owner and the person are liable for the offence.
(4) If a person commits an offence under the Act in a pharmacy with the express or
implied permission, consent, acquiescence or approval of the pharmacy manager,
the pharmacy manager and the person are liable for the offence.
(5) If a provision of the Act, these regulations, the General Regulations or the bylaws
imposes a duty or requirement on more than 1 person, the duty or requirement is
primarily the responsibility of the person with the greatest degree of control over
the matters that are the subject of the duty or requirement.
(6) If the person with the greatest degree of control over the matters that are the subject
of a duty or requirement referred to in subsection (5) fails to comply with the duty
or requirement, the other person or persons on whom the duty or requirement lies
must comply with the duty or requirement, if possible.
Restriction on use of designations, service descriptions and forms of expression to
describe business or premises
40 (1) A person must not use any of the following designations to refer to a business that
is not a licensed pharmacy or hospital pharmacy:
(a) pharmacy;
(b) drug store;
(c) drug department;
(d) drug sundries;
(e) drug mart;
(f) drugateria;
(g) dispensary;
(h) apothecary.
(2) A person must not describe their business as providing any of the following
services if it is not a licensed pharmacy or hospital pharmacy, except if the person
is authorized to provide such services under legislation:
(a) the sale or dispensing of any of the following:
(i) a drug,
(ii) drugs,
(iii) drug sundries,
(iv) medication,
(v) medications;
(b) the issuance of any of the following:
(i) a prescription,
(ii) prescriptions.
(3) A person must not use any suffix, prefix, word, title or designation, abbreviated or
otherwise, that is similar to the designations or services listed in subsections (1)
and (2) to refer to premises that are not a licensed pharmacy or hospital pharmacy.
(4) A person must not use any form of expression that implies or appears to be
intended to lead the public to infer that an unlicensed business is licensed under the
Act.
Application of Act, regulations, General Regulations and bylaws to hospital pharmacies
and pharmacy services provided in hospital
41 Except as provided in the Act, these regulations, the General Regulations and the bylaws,
the Act, these regulations, the General Regulations and the bylaws do not apply to a
hospital pharmacy or the provision of pharmacy services in a hospital.
Criminal Offences and Withdrawal or Suspension of Privileges
Criminal offence or suspension or withdrawal of privilege of applicant or registrant
42 In addition to the requirements of Section 61 of the Act and Section 60 of the General
Regulations, an applicant or registrant who is charged with, pleads guilty to or is
convicted of any offence under the Food and Drugs Act (Canada) or its regulations or
who has privileges under the Controlled Drugs and Substances Act (Canada) suspended
or withdrawn must immediately report the offence, suspension or withdrawal to the
registrar.
Transition from Former Act to Act
Bylaw notice requirement waived
43 (1) The 180-day notice requirement in Section 4 of the General Regulations is waived
for bylaws made by the Regulator under clause 12(2)(k) of the Act for a period of
60 days after the date the Regulator is established under these regulations.
(2) During the waiver period described in subsection (1), the Board must provide the
Minister with the rationale for bylaws made by the Regulator, in a form approved
by the Minister, at least 30 days before the Board approves the bylaws.
The following regulations are not
yet in force and are not included in the current consolidation: