(i) assessing the investigated person's capacity or fitness to practise pharmacy or hold a pharmacy licence, (ii) counselling or treatment of the investigated person, (iii) monitoring or supervising the investigated person's practice of pharmacy or their operation of one or more pharmacies, (iv) the investigated person's completion of a specified course of studies by way of remedial training, (v) placing conditions on the investigated person's right to practise pharmacy or operate a pharmacy. Matter not resolved by mediation 34(2) If a matter referred for mediation under clause (1)⁠(e) cannot be resolved, it must be referred back to the complaints committee, which may make any other decision under subsection (1) that it considers appropriate. Decision served on investigated person and complainant 34(3) The complaints committee must serve on the investigated person and the complainant a written notice setting out its decision and the reasons for the decision. Hearing not required 34(4) Except as required by clause (1)⁠(d), the complaints committee is not required to provide the investigated person with a copy of the complaint, hold a hearing or give any person an opportunity to appear or to make written or oral submissions before making a decision under this section. Conditions on right to practise 35(1) If the complaints committee enters into an agreement with an investigated person under subclause 34(1)⁠(f)⁠(v), placing conditions on the investigated person's right to practise pharmacy or operate a pharmacy, that agreement may include one or more of the conditions referred to in section 38. Costs 35(2) The complaints committee may order the investigated person to pay all or part of the costs incurred by the college in monitoring compliance with conditions imposed on an investigated person's right to practise pharmacy or operate a pharmacy under an agreement entered into under subclause 34(1)⁠(f)⁠(v). It may also order the investigated person to pay all or part of the costs of the investigation. CENSURE Personal appearance 36(1) The complaints committee may require an investigated person who is censured under clause 34(1)⁠(d) to appear personally before the committee to be censured. Publication of censure 36(2) The complaints committee may publish the fact that an investigated person has been censured, and publication may include the investigated person's name and a description of the circumstances that led to the censure. Order for costs 36(3) The complaints committee may order an investigated person who is censured to pay all or part of the costs of the investigation. VOLUNTARY SURRENDER OF REGISTRATION OR LICENCE Voluntary surrender of registration or licence 37(1) If the complaints committee accepts a voluntary surrender of a registration, pharmacist licence or pharmacy licence under clause 34(1)⁠(c), it may direct the investigated person, member or owner to do one or more of the following to the satisfaction of any person or committee that the complaints committee may determine, before the registration or licence may be reinstated: (a) obtain counselling or treatment; (b) complete a specified course of studies; (c) obtain supervised experience. Order for costs 37(2) The complaints committee may direct the investigated person, member or owner to pay any costs incurred by the college in monitoring compliance with a direction given under subsection (1) and to pay all or part of the costs of the investigation up to the time that the voluntary surrender takes effect. Conditions on reinstatement 38 A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the committee may impose conditions on the entitlement of the investigated person, member or owner to practise pharmacy or operate a pharmacy, including conditions that the person do one or more of the following: (a) limit the person's practice of pharmacy or pharmacy operation; (b) practise pharmacy or operate the pharmacy under supervision; (c) not engage in sole practice; (d) permit periodic audits of the person's practice of pharmacy or pharmacy operation; (e) permit periodic audits of records; (f) report to the committee or the registrar on specific matters; (g) comply with any other conditions that the committee considers appropriate in the circumstances; and may order the investigated person, member or owner to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions. APPEAL BY COMPLAINANT Appeal by complainant 39(1) When the complaints committee makes a decision under clause 34(1)⁠(b), (c) or (f), the complainant may appeal the decision to the appeal panel appointed under subsection (3). Notice 39(2) An appeal is to be made by mailing a written notice of appeal to the registrar within 30 days after the date the complainant is notified of the complaints committee's decision under subsection 34(3). Appointment of appeal panel 39(3) On receipt of an appeal under subsection (2), the chair of the council must (a) appoint an appeal panel consisting of no more than three members of the council, one of whom must be a public representative; and (b) appoint a member of the panel as chair. Exclusion from panel 39(4) No person shall be selected for the appeal panel who has taken part in the review or investigation of the subject matter of the appeal. Power on appeal 39(5) On an appeal under this section, the appeal panel must do one or more of the following: (a) make any decision that in its opinion ought to have been made by the complaints committee; (b) quash, vary or confirm the decision of the complaints committee; (c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the appeal panel may make. Notice of decision 39(6) The appeal panel must give the investigated person and the complainant a written notice setting out its decision and the reasons for the decision. Hearing not required 39(7) The appeal panel is not required to hold a hearing or to give any person an opportunity to appear or to make oral submissions before making a decision under this section, but it must give the investigated person and the complainant an opportunity to make a written submission. SUSPENSION OF REGISTRATION OR LICENCE PENDING DECISION Suspension of registration or licence pending decision 40(1) Despite anything in this Act, if the complaints committee believes that an investigated person's conduct presents or is likely to present a serious risk to the public, it may direct the registrar to (a) suspend one or more of the following held by the investigated person: (i) certificate of registration, (ii) pharmacist licence, (iii) pharmacy licence; or (b) place conditions on the investigated person's practice of pharmacy or pharmacy operation; pending the outcome of proceedings under this Part. Notice of suspension or conditions 40(2) On receiving a direction under subsection (1), the registrar must promptly serve a notice of the suspension or the conditions on the investigated person and, where appropriate, on the investigated person's employer. Application for stay 41 The investigated person may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a decision of the complaints committee under section 40 pending the outcome of proceedings under this Part. MISCELLANEOUS Referral to discipline committee 42 Despite any other action it may have taken, with the exception of a censure, the complaints committee may at any time refer the conduct or complaint that was the subject of the investigation to the discipline committee. Disclosure of information to authorities 43 Despite any other provision of this Act, the complaints committee or the registrar may disclose to a law enforcement authority any information respecting possible criminal activity on the part of an investigated person or any other person that is obtained during an investigation. DISCIPLINE COMMITTEE Discipline committee 44(1) The council must appoint a discipline committee consisting of (a) a pharmacist who is a member of the college, who is to be the chair; and (b) other members of the college, former members of the college and public representatives appointed from time to time. The council must appoint one of the committee members appointed under clause (b) as vice-chair. Public representatives 44(2) At least 1/3 of the persons appointed to the discipline committee must be public representatives. Selection of panel 45(1) Within 30 days after a matter is referred to the discipline committee under clause 34(1)⁠(a) or section 42, the chair or vice-chair must select a panel from among the members of the discipline committee to hold a hearing. Composition 45(2) A panel is to be composed of at least three members, one of whom must be a public representative. Exclusion from panel 45(3) No person may be selected for a panel who has taken part in the review or investigation of what is to be the subject matter of the panel's hearing. Effect of member being unable to continue 45(4) If a hearing has begun and a member of the panel is unable to continue to sit as a member, the panel may complete the hearing if at least three members remain and one of them is a public representative. HEARINGS Hearing 46(1) When a panel is selected, it must hold a hearing. Date of hearing 46(2) The hearing must begin within 120 days after the date on which the matter is referred to the discipline committee, unless the investigated person consents in writing to a later date. Notice of hearing 46(3) At least 30 days before the date of the hearing, the registrar must prepare and serve a notice of hearing on the investigated person and the complainant stating the date, time and place of the hearing and identifying in general terms the complaint or matter about which the hearing will be held. Public notice of hearing 46(4) The registrar may issue a public notice of the hearing in any manner they consider appropriate, but the notice must not include the name of the investigated person. Right to appear and be represented 47(1) The college and the investigated person may appear and be represented by counsel at the hearing, and the panel may have counsel to assist it. Adjournments 47(2) The chair of the panel may adjourn the hearing from time to time. Recording of evidence 47(3) The oral evidence given at the hearing must be recorded. Investigated person may examine documentary evidence 48(1) Before the day of the hearing, an investigated person must be given the opportunity to examine any written or documentary evidence that will be produced and any report the contents of which will be given in evidence at the hearing. Investigated person to provide documentary evidence 48(2) If the investigated person intends to rely on any written or documentary evidence or any report at the hearing, they must provide a copy of that evidence or report to the college before the day of the hearing. Evidence of expert without report 48(3) If either the investigated person or the college intends to call an expert as a witness at the hearing and there is no report from the expert, a summary of the expert's intended evidence, including the expert's findings, opinions and conclusions, must be provided to the other party before the day of the hearing. Failure to provide summary 48(4) If the summary is not provided in accordance with subsection (3), the expert may testify at the hearing only with the leave of the panel. Hearing process: rules of evidence do not apply 48(5) The panel is not bound by the rules of evidence that apply to judicial proceedings. Oral and affidavit evidence 48(6) Evidence may be given at a hearing of a panel either orally or by affidavit or both, but a member's registration or licence cannot be suspended or cancelled on affidavit evidence alone. Investigation of other matters 49 The panel may investigate and hear any other matter concerning the conduct of the investigated person that arises in the course of its proceedings. In that event, the panel must declare its intention to investigate the further matter and permit the investigated person sufficient opportunity to prepare a response. Hearing open to public 50(1) Except as otherwise provided in this section, a hearing of the panel is to be open to the public, but there must be no reporting in the media of anything that would identify the investigated person, including the person's name, the business name of the person's practice, or the location of the practice or pharmacy operation, unless and until the panel makes a finding under section 54. Request for a private hearing 50(2) The investigated person or the college may request that the hearing or any part of it be held in private. When private hearing may be held 50(3) When a request is made under subsection (2), the panel may make an order excluding the public from the hearing or any part of it or directing that the investigated person, the complainant, or any witness be identified only by initials, if the panel is satisfied that (a) matters involving public security may be disclosed; (b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public; (c) a person involved in a criminal proceeding or a civil suit or proceeding may be prejudiced; or (d) the safety of a person may be jeopardized. Reasons for excluding the public to be available 50(4) The panel must ensure that any order it makes under subsection (3) and its reasons are either given orally at the hearing or are available to the public in writing. Evidence 51(1) At a hearing, the oral evidence of witnesses must be taken on oath or affirmation, and the parties have the right to cross-examine witnesses and call evidence in defence and reply. Power to administer oaths and affirmations 51(2) For the purpose of an investigation or hearing under this Act, the registrar and the chair of the panel have the power to administer oaths and affirmations. Witnesses 52(1) Any person, other than the investigated person, who in the opinion of the panel has knowledge of the complaint or matter being heard is a compellable witness in any proceeding before the panel. Notice to attend and produce records 52(2) The attendance of witnesses before the panel and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce. Registrar to provide notices 52(3) On the written request of the investigated person or their counsel or agent, the registrar must provide any notices that the investigated person requires for the attendance of witnesses or the production of records. Witness fees 52(4) A witness, other than the investigated person, who has been served with a notice to attend or a notice for production under this section is entitled to be paid the same fees in the same manner as a witness in an action in the court. Failure to attend or give evidence 52(5) Proceedings for civil contempt of court may be brought against a witness (a) who fails to attend before the panel in compliance with a notice to attend; (b) who fails to produce any records in compliance with a notice to produce them; or (c) who refuses to be sworn or to affirm or to answer any question the witness is directed to answer by the panel. Evidence taken outside Manitoba 52(6) The registrar may apply to the court for an order for a person to be examined who resides outside Manitoba. King's Bench Rules apply 52(7) In an application under subsection (6), the King's Bench Rules that pertain to obtaining an order for a person to be examined who resides outside Manitoba apply. Hearing in absence of investigated person 53 The panel, on proof of service on the investigated person of the notice of hearing, may (a) proceed with the hearing in the absence of the investigated person or their agent; and (b) act, decide or report on the matter being heard in the same way as if the investigated person were in attendance. DECISION OF PANEL Findings of panel 54 If, at the conclusion of a hearing, the panel finds that the investigated person (a) is guilty of professional misconduct; (b) has contravened this Act, the by-laws, standards of practice, code of ethics or a practice direction of the college; (c) has been found guilty of an offence that is relevant to the investigated person's suitability to practise pharmacy or operate a pharmacy; (d) has displayed a lack of knowledge or lack of skill or judgment in the practice of pharmacy or operation of a pharmacy; (e) has demonstrated an incapacity or unfitness to practise pharmacy or operate a pharmacy; (f) is suffering from an ailment that might, if the investigated person continues to practise pharmacy or operate a pharmacy, constitute a danger to the public; or (g) is guilty of conduct unbecoming a member; it must deal with the investigated person in accordance with this Act. Orders of panel 55(1) If the panel makes any of the findings described in section 54, it may make one or more of the following orders: (a) reprimand the investigated person; (b) suspend, for a stated period, one or more of the following held by the investigated person: (i) certificate of registration, (ii) pharmacist licence, (iii) pharmacy licence; (c) suspend, until the investigated person has completed a specified course of studies or supervised practical experience, or both, to the satisfaction of any person or committee that the panel may determine, one or more of the following held by the investigated person: (i) certificate of registration, (ii) pharmacist licence, (iii) pharmacy licence; (d) suspend, until the investigated person satisfies a person or committee that the panel may determine that a disability or addiction can be or has been overcome, one or more of the following held by the investigated person: (i) certificate of registration, (ii) pharmacist licence, (iii) pharmacy licence; (e) accept, in place of a suspension under clause (b), (c) or (d), the investigated person's undertaking to limit their practice of pharmacy or pharmacy operation; (f) impose conditions on the investigated person's entitlement to practise pharmacy or operate a pharmacy, including conditions that they (i) practise pharmacy or operate a pharmacy under supervision, (ii) permit periodic inspections of their practice of pharmacy or pharmacy operation, (iii) permit periodic audits of records, (iv) report on specified matters to any person or committee that the panel may determine, (v) not engage in sole practice; (g) require the investigated person to take counselling or treatment; (h) direct the investigated person to waive, reduce or repay money paid to the investigated person that, in the opinion of the panel, was unjustified for any reason; (i) cancel one or more of the following held by the investigated person: (i) certificate of registration, (ii) pharmacist licence, (iii) pharmacy licence. Panel may consider censures, orders, practice directions 55(2) To assist the panel in making an order under this section, the panel may be advised of (a) any censure, order or warning previously issued to the investigated person and the circumstances under which it was issued; and (b) any practice direction made by the council that is relevant to the hearing. Ancillary orders 55(3) The panel may make any ancillary order that is appropriate or required in connection with an order mentioned in subsection (1) or may make any other order that it considers appropriate in the circumstances, including an order that (a) a further or new investigation be held into any matter; or (b) a panel be convened to hear a complaint without an investigation. Costs when conditions imposed 55(4) If the panel imposes conditions on an investigated person's entitlement to practise pharmacy or operate a pharmacy under clause (1)⁠(f), it may also order the investigated person to pay all or any part of the costs incurred by the college in monitoring compliance with those conditions. Contravention of order 55(5) If the council is satisfied that an investigated person has contravened an order made under subsection (1), it may, without a further hearing, cancel one or more of the following held by the investigated person: (a) certificate of registration; (b) pharmacist licence; (c) pharmacy licence. Costs and fines 56(1) The panel may, in addition to or instead of dealing with the investigated person's conduct in accordance with section 55, order that the investigated person pay to the college, within the time set by the order, (a) all or part of the costs of the investigation, hearing and appeal; (b) a fine (i) not exceeding $25,000., if the person is an individual, or (ii) not exceeding $50,000., if the person is not an individual; or (c) both the costs under clause (a) and the fine under clause (b). Nature of costs 56(2) The costs referred to in subsection (1) may include, but are not limited to, (a) all disbursements incurred by the college, including (i) fees and expenses for experts, investigators, inspectors and auditors whose reports or attendances were reasonably necessary for the investigation or hearing, (ii) fees, travel costs and reasonable expenses of any witnesses required to appear at the hearing, (iii) fees for retaining a reporter and preparing transcripts of the proceedings, and (iv) costs of service of documents, long distance telephone and facsimile charges, courier delivery charges and similar miscellaneous expenses; (b) payments made to members of the panel or the complaints committee; and (c) costs incurred by the college in providing counsel for the college and the panel, whether or not counsel is employed by the college. Failure to pay costs and fines by time ordered 56(3) If the investigated person is ordered to pay a fine or costs or both under subsection (1), or costs under subsection 55(4), and fails to pay within the time ordered, the registrar may cancel, until payment is made, one or more of the following held by the investigated person: (a) certificate of registration; (b) pharmacist licence; (c) pharmacy licence. Filing of order 56(4) The college may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court. Written decision 57(1) Within 90 days after the completion of a hearing, the panel must make a written decision on the matter consisting of the reasons for its decision and a statement of any order made by it. Decision forwarded to registrar 57(2) The panel must forward to the registrar (a) the decision; and (b) any record of the proceedings and all exhibits and documents. Service of decision 57(3) On receiving the decision and record, the registrar must serve a copy of the decision on the investigated person and the complainant. Copies of transcript and record 57(4) The investigated person may examine the record of the proceedings before the panel, and is entitled to receive, on payment of the cost of providing it, a copy of the record or a transcript of the oral evidence given before the panel. Publication of decision 58 In any proceeding under this Part, the college may, after the decision and any order has been served on the investigated person, publish the circumstances relevant to the findings and any order of the panel — even if the proceeding or part of it was held in private. If the panel makes an order against the investigated person under section 55 or 56, the college may also publish the investigated person's name. APPEAL TO COURT Appeal to Court of Appeal 59(1) An investigated person in respect of whom a finding or order is made by the panel under section 54, 55 or 56 may appeal the finding or order to the Court of Appeal. Commencement of appeal 59(2) An appeal must be commenced (a) by filing a notice of appeal; and (b) by giving a copy of the notice of appeal to the registrar; within 30 days after the date on which the decision of the panel is served on the investigated person. Appeal on the record 59(3) An appeal must be founded on the record of the hearing before the panel and the decision of the panel. Powers of Court on appeal 60 On hearing the appeal, the Court of Appeal may (a) make any finding or order that in its opinion ought to have been made; (b) quash, vary or confirm the decision of the panel or any part of it; or (c) refer the matter back to the panel for further consideration in accordance with any direction of the Court. Stay pending appeal 61 The decision and any order of the panel remains in effect pending an appeal unless the Court of Appeal, on application, stays the decision and any order pending the appeal. REINSTATEMENT Reinstatement 62 The council may, on application by a person whose registration, pharmacist licence or pharmacy licence has been cancelled, direct the registrar to reinstate the person's name in the register or re-issue a licence, subject to any conditions that the council may impose, and may order the person to pay any costs arising from the imposition of such conditions. PART 7 PHARMACIES Pharmacy licence 63 No person shall establish or operate a pharmacy except under the authority of a pharmacy licence issued under this Part for a pharmacy of that category. Application for licence 64(1) An applicant for a pharmacy licence must, at least 30 days before the date the applicant intends to operate a pharmacy, or at such other time as may be acceptable to the registrar, file an application with the registrar for a pharmacy licence of the category of pharmacy that the applicant intends to operate, in a form and disclosing such information as may be required by the by-laws. Contents of application 64(2) The application must include (a) the location and work to be performed at each facility to be included under the pharmacy licence; (b) evidence satisfactory to the registrar (i) respecting the ownership of the pharmacy, and if the applicant is a corporation, respecting the legal and beneficial ownership of the corporation's shares, the names of the corporation's officers and directors, and confirmation that the corporation is in good standing under The Corporations Act , (ii) that the premises are suitable for the purpose of a pharmacy, and (iii) that a member will be physically present in the pharmacy at all times required by the standards of practice and all relevant practice directions; (c) the name or names under which the pharmacy will conduct business, and evidence satisfactory to the registrar that the name or names will not contravene the code of ethics adopted under section 76; (d) the name of a member who will be designated as the pharmacy manager; (e) evidence satisfactory to the registrar that (i) the applicant, (ii) if the applicant is a corporation, the corporation's legal and beneficial owners, officers and directors, and (iii) if the applicant is a partnership, its partners, have not been subject to disciplinary, criminal or administrative sanction in any jurisdiction which, in the opinion of the registrar, would make it inappropriate for the applicant to operate a pharmacy; (f) an undertaking that the pharmacy will be operated in accordance with this Act, the by-laws, the code of ethics, the standards of practice and all relevant practice directions; and (g) any other information required by the regulations. Pharmacy manager 64(3) The person designated to be the pharmacy manager under clause (2)⁠(d) must (a) satisfy the registrar that they have not been subject to disciplinary, criminal or administrative sanction in any jurisdiction which, in the opinion of the registrar, would make it inappropriate for the person to act as a pharmacy manager; (b) satisfy the registrar that they meet any other qualifications set out in the regulations; and (c) provide the registrar with an undertaking that the pharmacy will be operated in accordance with this Act, the by-laws, the code of ethics, the standards of practice and all relevant practice directions. Separate application for facility 64(4) An applicant must file a separate application for a separate facility that is part of the pharmacy operation, if required by the regulations. Application by a corporation 64(5) If the applicant is a corporation, the application must set out (a) the name and address of every director of the corporation; and (b) the name of every director of the corporation who is a member. Application by a partnership 64(6) If the applicant is a partnership, the application must (a) set out the name and address of each partner, and indicate whether or not each partner is a member; and (b) identify whether each partner is a general partner, a limited partner, or both a general and a limited partner. Issuance of a pharmacy licence 65(1) The registrar must issue a pharmacy licence to the applicant, in a form prescribed by the by-laws, if the applicant (a) meets all of the requirements of section 64; (b) meets any other requirements specified in the regulations; and (c) pays the fee provided for in the by-laws for the appropriate category of pharmacy licence. Terms or conditions 65(2) The registrar may issue a pharmacy licence subject to any terms or conditions they consider advisable. Duration 65(3) A pharmacy licence remains in force for the time prescribed in the by-laws. Register of licensed pharmacies 65(4) The registrar must enter in the register of licensed pharmacies the name of a person to whom a licence is issued under this Part. Application for renewal of a pharmacy licence 66(1) An owner may apply for renewal of a pharmacy licence, before the date the licence expires or such other time as may be acceptable to the registrar, by filing an application and completing the other requirements of section 64. Renewal of a pharmacy licence 66(2) The registrar must renew a pharmacy licence if the applicant (a) meets all of the requirements of section 64; (b) meets any other requirements specified in the regulations; and (c) pays the renewal fee provided for in the by-laws for the appropriate category of pharmacy licence. Subsections 65(2) to (4) apply, with the necessary changes, to the renewal of a pharmacy licence. Appeal 67 If the registrar refuses to issue or renew a pharmacy licence, or issues or renews a licence subject to terms or conditions, the applicant may appeal the registrar's decision, and sections 21 and 22 apply with the necessary changes. Obligations of owner 68 The owner of a licensed pharmacy must (a) ensure that a member is physically present in the pharmacy at all times required by the standards of practice and all relevant practice directions; (b) ensure that the pharmacy licence, and the pharmacist licence of every member employed in the pharmacy, is displayed in a conspicuous public place in the pharmacy; (c) notify the registrar in writing of the name of the pharmacy manager and every member, student and intern employed by the owner, and notify the registrar of any change in the employment of those persons within seven days after the change; and (d) comply with any other requirements specified in the regulations. Complaints 69 A complaint against a pharmacy must be dealt with under Part 6 as a complaint against the owner or the pharmacy manager, or both. Change in ownership of pharmacy 70 If (a) the ownership or control of a pharmacy changes in the manner and to the extent prescribed in the regulations; or (b) in a pharmacy owned or operated by a corporation, a majority of the shares of the corporation are sold, transferred or otherwise disposed of; the holder of the pharmacy licence must notify the registrar within seven days after the change, and the registrar may cancel the licence and require that an application for a new pharmacy licence under this Part be made. Carrying on business of a bankrupt person 71 An owner who becomes bankrupt or insolvent or makes an assignment for the benefit of creditors must so notify the registrar, and the trustee in bankruptcy, receiver, receiver-manager or assignee may operate the pharmacy for the purposes of the bankruptcy, insolvency or assignment if the pharmacy continues to be overseen by a pharmacy manager. Use of titles: any retail or wholesale business 72(1) No person except an owner shall use any of the following titles in connection with a retail or wholesale business: (a) "pharmacy" or "apothecary"; (b) "drug" or "drugs"; (c) "pharmacist", "pharmaceutical chemist", or "druggist"; or a variation or abbreviation of any of those titles, or an equivalent in another language. Use of titles: retail or wholesale business implying that it is licensed 72(2) No person except an owner shall use any of the following titles, in connection with a retail or wholesale business, in a manner that implies that the business is licensed under this Act: (a) "prescription", "prescriptions", or "Rx"; (b) "medicine"or "medicines"; or a variation or abbreviation of any of those titles, or an equivalent in another language. PART 8 REGULATIONS, BY-LAWS AND CODE OF ETHICS Regulations 73(1) The council may make regulations (a) respecting registration under Part 4, including establishing the qualifications, experience and other requirements to be met by applicants for registration and for renewal and reinstatement of registration; (b) respecting the licensing of pharmacists under Part 4, including creating separate categories of licences, prescribing the qualifications, requirements and scope of practice for each category, and the renewal and reinstatement of licences; (c) respecting the licensing of pharmacies under Part 7, including creating separate categories of licences, prescribing the qualifications, requirements and scope of operation for each category, and the renewal and reinstatement of licences; (d) respecting the establishment, content and maintenance of registers under section 9, and designating information contained in a register that may be made public; (e) specifying the rights and obligations of pharmacists whose names appear on the conditional register of pharmacists; (f) defining by education, experience or otherwise, general or specialized areas of pharmacy practice under section 15; (g) establishing, or authorizing the council to establish, continuing competence programs and professional development programs required for obtaining or renewing a pharmacist licence; (h) respecting pharmacy technicians, including establishing the qualifications, experience and other requirements that must be held by a pharmacy technician; (i) specifying the requirements for temporary practice under clause 18(1)⁠(b); (j) respecting standards of practice for the practice of pharmacy and for the operation of pharmacies; (k) respecting the prescribing and administering of drugs by a member, either independently or collaboratively with other practitioners, including (i) specifying the qualifications and other requirements that a member must have or meet, (ii) designating drugs that a member may prescribe or administer, (iii) specifying circumstances in which a member may prescribe or administer a drug, and (iv) specifying measures to address situations in which a member sells a drug that they have authority to prescribe; (l) respecting the interpretation of patient-administered automated tests by a member, including (i) specifying the qualifications and other requirements that a member must have or meet, (ii) designating patient-administered automated tests that a member may interpret, and (iii) specifying circumstances in which a member may interpret a patient-administered automated test; (m) respecting the ordering and receiving of screening and diagnostic tests by a member, including (i) specifying the qualifications and other requirements that a member must have or meet, (ii) designating screening and diagnostic tests that a member may order and receive, and (iii) specifying circumstances in which a member may order and receive a screening or diagnostic test; (n) permitting the compounding or dispensing of drugs by practitioners under clause 3(2)⁠(c), and respecting the conditions under which such compounding or dispensing may be carried out; (o) respecting the supplying of drugs by members; (p) prescribing circumstances in which a member may delegate tasks to students, interns, pharmacy technicians and other persons, under clause 3(2)⁠(f); (q) prescribing conditions to be imposed on the dispensing or sale of drugs or classes or drugs; (r) prescribing information required to be recorded on a prescription form or a drug container label; (s) prescribing the records to be made and maintained by members and owners, including the length of time they must be maintained; (t) specifying the manner in which records must be made and maintained, including requiring the use of computer systems for record-keeping; (u) governing the method of publishing a notice of the suspension or cancellation of a registration or licence under Part 4 or Part 6, a censure, or a decision of the discipline committee to which section 58 applies; (v) establishing or authorizing the council to establish qualifications for pharmacy managers under subsection 64(3); (w) establishing or authorizing the council to establish (i) requirements regarding the number and nature of the names under which a pharmacy may operate, and (ii) for the purpose of subsection 64(4), requirements for filing a separate licence application for a separate facility that is part of a pharmacy operation; (x) establishing owners' obligations for the operation of pharmacies under clause 68(d); (y) prescribing the circumstances in which a change in the ownership or control of a licensed pharmacy must be reported under section 70; (z) requiring members to carry professional liability insurance and governing the coverage required to be carried; (aa) requiring owners to carry liability insurance and governing the coverage required to be carried; (bb) respecting the offering or providing of gifts, rebates, bonuses or inducements while engaging in the practice of pharmacy; (cc) defining words and phrases that are used in this Act but are not defined in this Act; (dd) prescribing any matter required or authorized by this Act to be prescribed by regulation; (ee) respecting additional transitional provisions; (ff) respecting any other matter that the council considers necessary or advisable. Ministerial regulations 73(2) The minister may make regulations (a) prescribing substances and mixtures of substances as drugs for the purpose of the definition "drug" in section 1; (b) specifying drugs that can be sold only to a practitioner or pursuant to a prescription; and (c) designating persons or classes of persons as "practitioners" under this Act. Incorporation by reference 73(3) A regulation may incorporate by reference, in whole or in part, any code, standard or drug schedule, and it may incorporate it as amended from time to time, and subject to any changes that the maker of the regulation considers necessary. Regulation may apply to part of the province, classes of persons 73(4) A regulation may be general or particular in its application and may apply to one or more classes of persons, and to the whole or any part of the province. S.M. 2022, c. 24, s. 27 . Consultation 74(1) Before making a regulation under subsection 73(1), the council must (a) provide a copy of the proposed regulation, for review and comment, to (i) the members of the college, (ii) the minister, and (iii) any other person the council considers necessary; and (b) consider the comments received. Approval of regulations 74(2) A regulation under subsection 73(1) does not come into force until it is approved by the Lieutenant Governor in Council. S.M. 2018, c. 29, s. 28 . By-laws 75(1) The council may make by-laws (a) for the governance of the college and the management and conduct of its affairs; (b) respecting the calling and conduct of meetings of the members and the council; (c) respecting (i) the nomination, election, appointment and number of council members, (ii) the filling of vacancies on the council, the board and on any committee established by the council, (iii) the appointment of ex officio members of the council, and acting members and ex officio members of the board and of any committee established by the council, and (iv) the terms of office and the duties and functions of council members and ex officio members; (d) respecting the nomination, election and number of officers of the college, and prescribing their duties, functions and terms of office; (e) providing for the division of the province into districts and prescribing the number of council members to be elected from each district; (f) establishing classes of members and honorary members, and governing the rights, privileges and obligations of each class; (g) governing the number of members that constitutes a quorum at meetings of the members and the council; (h) governing the operation, proceedings and quorum of the complaints committee and the discipline committee; (i) setting remuneration, fees and expenses payable to members of the council, the board, the complaints committee, the discipline committee and any committee established under subsection 7(9); (j) prescribing fees payable for registration, licensing, renewal of a registration or licence, and any other service provided by the college; (k) respecting the holding of votes on any matter relating to the college, including voting by mail or any other method; (l) governing the establishment, operation and proceedings of committees or the board, the appointment and revocation of members and acting members of those committees or the board, and the procedures for filling vacancies on those committees or the board; (m) prescribing the term of office of the registrar and providing for the appointment of an individual as an acting registrar, who has all of the powers, duties and functions of the registrar under this Act when the registrar is absent or unable to act or when there is a vacancy in the office of registrar; (n) respecting procedures for the amendment or repeal of by-laws and the code of ethics; (o) prescribing the duration of pharmacist licences and pharmacy licences; and (p) prescribing, or authorizing council to prescribe, forms used for the purposes of this Act and not set out by regulation, including (i) an application for registration as a pharmacist, student or intern, (ii) an application for each category of pharmacist licence, (iii) an application for each category of pharmacy licence, (iv) a certificate of registration, (v) a licence for each category of pharmacist, and (vi) a licence for each category of pharmacy. Incorporation by reference 75(2) A by-law may incorporate by reference, in whole or in part, any code, standard or other document, and it may incorporate it as amended from time to time, and subject to any changes that the council considers necessary. Amendment or repeal of by-laws 75(3) After notice is given in accordance with the by-laws, a by-law made under subsection (1) may be amended or repealed by a majority of the members of the college (a) present and voting at a general meeting or a special general meeting; or (b) voting in a mail vote or other method of voting conducted in accordance with the by-laws. Code of ethics 76(1) The college may, by resolution passed at an annual general meeting, adopt a code of ethics governing the conduct of members, students, interns and owners. Incorporation by reference 76(2) A code of ethics may incorporate by reference, in whole or in part, any code, standard or other document, and it may incorporate it as amended from time to time. Amendment or repeal of code of ethics 76(3) After notice is given in accordance with the by-laws, a code of ethics may be amended or repealed by a majority of the members of the college (a) present and voting at a general meeting or a special general meeting; or (b) voting in a mail vote or other method of voting conducted in accordance with the by-laws. PART 9 INTERCHANGEABLE PHARMACEUTICAL PRODUCTS Definitions 77 The following definitions apply in this Part. "dispenser" means a person who dispenses a drug pursuant to a prescription. (« fournisseur ») "formulary" means the formulary established under section 80.1. (« liste ») "interchangeable product" means a product (a) that contains a drug or drugs in the same or similar amounts of the same or similar active ingredients in the same or similar dosage form as another product directed by a prescription; and (b) that is designated in the formulary as interchangeable with that other product directed by the prescription. (« produit interchangeable ») "product agreement" means an agreement between the government and one or more manufacturers or distributors of a drug that relates wholly or partly to the price or supply of a drug that is, or may be eligible to be, either or both of the following: (a) designated as an interchangeable product; (b) specified by the minister under section 8.2 of The Prescription Drugs Cost Assistance Act . ("accord d'approvisionnement") S.M. 2013, c. 53, s. 5 ; S.M. 2021, c. 30, s. 20 ; S.M. 2025, c. 11, s. 35 . Dispense as written 78 No dispenser shall, in dispensing a drug pursuant to a prescription, substitute one drug for another, or one brand of drug for another, without the consent of the practitioner, or except as allowed under this Part. Substitution of interchangeable product 79(1) If a prescription directs the dispensing of a specific interchangeable product, the dispenser must dispense either the interchangeable product that is prescribed or another interchangeable product at a cost that is not more than the sum of (a) subject to subsection (2), the cost for the lowest priced interchangeable product set out in the formulary; and (b) the maximum additional amount set out in the formulary. Product not available 79(2) If the lowest priced interchangeable product is not available despite reasonable efforts to obtain it, the amount in clause (1)⁠(a) must be the cost of the next lowest priced interchangeable product that is available. Exception if "no substitution" instructions 79(3) Subsection (1) does not apply if the dispenser is instructed by the practitioner issuing the prescription, or by the patient, to dispense the specific drug prescribed. Method of giving "no substitution" instructions 79(4) Instructions under subsection (3) are to be given (a) by the practitioner, by documenting "no substitution" on the original prescription or by giving oral instructions to the dispenser; or (b) by the patient, by giving oral or written instructions to the dispenser. In either case, the dispenser must ensure that instructions for "no substitution" are documented on the original prescription, and that the documentation indicates whether the instructions were received from the practitioner or from the patient.
