Drug and Pharmacies Regulation Act

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No published amendment links yet for this Act.

Sections160

• [s0]

  PART I GENERAL

• 1.
• PART I GENERAL
• 1Interpretation

  1 (1) In this Act, “Accreditation Committee” means the Accreditation Committee of the College; (“comité d’agrément”) “by-laws” means the by-laws made under this Act; (“règlements administratifs”) “cannabis” has the same meaning as in subsection 2 (1) of the Cannabis Act (Canada); (“cannabis”) “certificate of accreditation” means a certificate of accreditation issued by the Registrar of the College under subsection 139 (2); (“certificat d’agrément”) “certificate of authorization” has the same meaning as in the Regulated Health Professions Act, 1991; (“certificat d’autorisation”) “certificate of registration” means a certificate of registration within the meaning of the Health Professions Procedural Code issued by the Registrar of the College; (“certificat d’inscription”) “chiropodist” means a member of the College of Chiropodists of Ontario or another person prescribed by the regulations;…

• 2.
• 2Administration of Act

  2 The Minister is responsible for the administration of this Act. R.S.O. 1990, c. H.4, s. 2.

• 3.
• 3.-19.
• 3-19

  3-19 Repealed: 1991, c. 18, s. 47 (1). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993 Part II (ss. 20-44) Repealed: 1991, c. 18, s. 47 (1). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993 Part III (ss. 45-69) Repealed: 1991, c. 18, s. 47 (1). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993 Part IV (ss. 70-92) Repealed: 1991, c. 18, s. 47 (1). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993 Part V (ss. 93-116) Repealed: 1991, c. 18, s. 47 (1). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993

• 3.-19
• 4.
• [s4]

  PART VI PHARMACY

• 5.
• 117Repealed

  117 Repealed: 2007, c. 10, Sched. L, s. 2. Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1, 4-6) - 31/12/1993; 1998, c. 18, Sched. G, s. 49 (2, 3) - 01/02/1999 2006, c. 27, s. 16 - 20/12/2006 2007, c. 10, Sched. L, s. 2 - 04/06/2007

• 6.
• 118Application of the Act

  118 (1) Subject to sections 119 and 120, this Act does not apply to, (a) drugs compounded, dispensed or supplied in and by a hospital or a health or custodial institution approved or licensed under any general or special Act under the authority of a prescriber for persons under health care provided by such hospital or health or custodial institution; (b) the selling of, (i) any substance registered under the Pest Control Products Act (Canada) and sold in accordance with its provisions, (ii) any feeding stuffs registered under the Feeds Act (Canada) and sold in accordance with its provisions, (iii) a livestock medicine as defined in the Animal Health Act, 2009 by a person licensed under that Act with respect to the control and regulation of the sale of livestock medicines or by a facility licensed for the sale or offering for sale or distribution of livestock medicines; (c) the practice o…

• 119.-122.
• 7.
• 119Hospital pharmacies

  119 (1) Despite anything else in this Act, where drugs are compounded, dispensed or supplied for hospital patients by a hospital in premises located in a hospital, the primary location or locations in the hospital where drugs are compounded, dispensed or supplied from, together with any other location in the hospital where drugs are stored or supplied from and any other location prescribed in regulations made under subsection (2), is deemed to be a pharmacy for the purposes of the following provisions of this Act, subject to the regulations and to any necessary modifications: 1. Section 139. 2. Section 140. 3. Section 140.1. 4. Section 143. 5. Section 148. 6. Section 148.1. 7. Section 148.2. 8. Section 148.3. 9. Section 148.4. 10. Section 160.1. 11. Section 161. 12. Section 162. 13. Section 162.1. 14. Section 164. 15. Section 165. 16. Section 166. 17. Section 167. 2014, c. 14, Sched. 2, …

• 119.-121.
• 8.
• 120Institutional pharmacies

  120 (1) The Lieutenant Governor in Council may make regulations, (a) designating premises in or associated with one or more health or custodial institutions as institutional pharmacies; (b) providing that any or all provisions of this Act apply with respect to institutions designated under clause (a), subject to the modifications, if any, provided for in the designating regulation. 2014, c. 14, Sched. 2, s. 3. Same (2) Where a premises has been designated in regulations described in subsection (1), the premises is deemed to be a pharmacy for the purposes of the provisions of this Act provided for in those regulations, subject to the regulations and to any necessary modifications. 2014, c. 14, Sched. 2, s. 3. Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993 2014, c. 14, Sched. 2, s. 3 - 01/08/2016

• 9.
• 10.
• 121Not pharmacies for other purposes

  121 (1) Hospital pharmacies and institutional pharmacies are not pharmacies, and the operators of hospital pharmacies and institutional pharmacies are not operators of pharmacies, for the purposes of any other Act or regulation, except, (a) as may be explicitly provided for in the other Act or regulation, with reference to this section; or (b) as may be provided for in regulations made under subsection (2). 2014, c. 14, Sched. 2, s. 3. Regulations (2) The Lieutenant Governor in Council may make regulations, (a) providing that hospital pharmacies are pharmacies for the purposes of one or more other Acts or regulations, and providing for those Acts or regulations; (b) providing that institutional pharmacies are pharmacies for the purposes of one or more other Acts or regulations, and providing for those Acts or regulations; (c) providing that operators of hospital pharmacies are operators …

• [s10]
• 11.
• 122Repealed

  122 Repealed: 1991, c. 18, s. 47 (1). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993

• [s11]
• 12.
• 123Repealed

  123 Repealed: 1998, c. 18, Sched. G, s. 49 (4). Note: Despite the coming into force of the Statutes of Ontario, 1998, chapter 18, Schedule G, subsection 49 (4), a regulation made under clause 123 (1) (j) respecting information to be furnished with respect to pharmacies shall be deemed to continue in force until it is revoked by the authority that made it. See: 1998, c. 18, Sched. G, s. 49 (5). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 49 (4) - 01/02/1999

• 124Repealed

  124 Repealed: 1998, c. 18, Sched. G, s. 49 (6). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 49 (6) - 01/02/1999

• 13.
• 125.-138

  125.-138 Repealed: 1991, c. 18, s. 47 (1). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993

• 14.
• [s14]

  Pharmacies

• 15.
• [s15]
• 139Certificates of accreditation

  139 (1) No person shall establish or operate a pharmacy unless a certificate of accreditation has been issued in respect thereof. R.S.O. 1990, c. H.4, s. 139 (1). Issuance (2) The Registrar shall issue a certificate of accreditation and renewals thereof to any applicant therefor where the applicant and the pharmacy and its proposed operation qualify under this Act and the regulations and shall refer to the Accreditation Committee every application for a certificate or renewal that the Registrar proposes to refuse or to which he or she considers terms, conditions or limitations should be attached. R.S.O. 1990, c. H.4, s. 139 (2); 2007, c. 10, Sched. L, s. 4 (1). Accreditation Committee (3) The Accreditation Committee shall determine the eligibility of the applicant and the pharmacy or proposed pharmacy and its operation and may direct the Registrar to issue or refuse to issue the accredit…

• 16.
• 125.-138.
• 140Revocation of certificate and other disciplinary measures

  140 (1) Where the Accreditation Committee has reason to believe that a pharmacy or its operation fails to conform to the requirements of this Act and the regulations or to any term, condition or limitation to which its certificate of accreditation is subject, or that an act of proprietary misconduct has been committed, the Committee may refer the person who has been issued a certificate of accreditation, a designated manager of the pharmacy operated by the person who has been issued a certificate of accreditation or the directors of a corporation which has been issued a certificate of accreditation to the Discipline Committee for a hearing and determination. 2007, c. 10, Sched. L, s. 5 (1). Procedure (2) The provisions of the Health Professions Procedural Code dealing with allegations of a member’s professional misconduct or incompetence referred to the Discipline Committee, and hearings…

• 17.
• [s17]
• 140.1Publication of decisions

  140.1 (1) The College shall publish a panel’s decision and its reasons, or a summary of its reasons, in its annual report and may publish the decision and reasons or summary in any other publication of the College. 2007, c. 10, Sched. L, s. 6. Publication of name (2) In publishing a decision and reasons or summary under subsection (1), the College shall publish the name of the person who has been issued a certificate of accreditation, designated manager or director who was the subject of the proceeding if, (a) the results of the proceeding may be obtained by a member of the public from the College’s register; or (b) the person, designated manager or director requests the publication of his or her name. 2007, c. 10, Sched. L, s. 6. Withholding of name (3) The College shall not publish the name of the person, designated manager or director who was the subject of the proceeding unless it is…

• 18.
• 141Closing of pharmacy

  141 Every person who permanently closes a pharmacy shall immediately remove all signs and symbols relating to the practice of pharmacy either within or outside the premises, shall remove and dispose of all drugs according to law and shall submit in writing to the Registrar such information and within such time as may be required by the by-laws. R.S.O. 1990, c. H.4, s. 141; 1998, c. 18, Sched. G, s. 49 (9). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 49 (9) - 01/02/1999

• 19.
• 142Operation of pharmacies by corporation

  142 (1) No corporation shall own or operate a pharmacy unless the majority of the directors of the corporation are pharmacists. R.S.O. 1990, c. H.4, s. 142 (1). Same (2) No corporation shall own or operate a pharmacy unless a majority of each class of shares of the corporation is owned by and registered in the name of pharmacists or in the name of health profession corporations each of which holds a valid certificate of authorization issued by the College. 2000, c. 42, Sched., s. 13; 2007, c. 10, Sched. L, s. 7. Application of subs. (2) (3) For the purposes of subsection (2), shares registered in the name of the personal representative of a deceased pharmacist shall, for a period not exceeding four years, be considered to be registered in the name of a pharmacist. R.S.O. 1990, c. H.4, s. 142 (3). Idem (4) Subsection (2) does not apply to any corporation operating a pharmacy on the 14th d…

• PART II
• 143Where certificate of registration revoked

  143 No person whose certificate of registration has been revoked for cause or while his or her licence is suspended for cause, (a) shall be employed or work in a pharmacy; or (b) shall act as a director or vote as a shareholder in a corporation operating a pharmacy. R.S.O. 1990, c. H.4, s. 143; 1991, c. 18, s. 47 (14); 2007, c. 10, Sched. L, s. 8. Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (14) - 31/12/1993 2007, c. 10, Sched. L, s. 8 - 04/06/2007

• PART III
• 144Ownership of pharmacies

  144 (1) No person other than a pharmacist or a corporation complying with the requirements of section 142 shall own or operate a pharmacy. R.S.O. 1990, c. H.4, s. 144 (1). Idem (2) For the purposes of the ownership of a pharmacy, or for the purposes of the composition of the board of directors or ownership of shares of a corporation as required by section 142, the right to operate the pharmacy shall not be affected by, (a) any suspension of the certificate of registration of a pharmacist; or (b) the revocation of the certificate of registration of a pharmacist until after a period of six months has elapsed. R.S.O. 1990, c. H.4, s. 144 (2); 2007, c. 10, Sched. L, s. 9. Definition of pharmacist (3) Despite the definition of “pharmacist” in subsection 1 (1), a reference to a “pharmacist” in this section does not include a person prescribed by the regulations. 2025, c. 11, Sched. 3, s. 4. Se…

• PART IV
• 145Carrying on business of bankrupt person

  145 (1) Where a person owning and operating a pharmacy becomes bankrupt, insolvent or makes an assignment for the benefit of creditors, the person shall so notify the Registrar and the trustee in bankruptcy, liquidator or assignee, as the case may be, may own and operate the pharmacy for the purposes of the bankruptcy, insolvency or assignment. R.S.O. 1990, c. H.4, s. 145 (1). Carrying on business of deceased person (2) Upon the death of a pharmacist who was owning and operating a pharmacy at the time of his or her death, the personal representative of such deceased person may own and operate the pharmacy for a period of four years or for such further period as the Council may authorize. R.S.O. 1990, c. H.4, s. 145 (2). Notification to Registrar (3) Every person authorized to own and operate a pharmacy under subsection (1) or (2) shall immediately upon becoming so authorized file with th…

• PART V
• 146Supervision of pharmacist

  146 (1) Subject to subsection (1.0.1), no person shall operate a pharmacy unless, (a) it is under the supervision of a pharmacist who is physically present; and (b) it is managed by a pharmacist who is designated as the designated manager by the owner of the pharmacy. R.S.O. 1990, c. H.4, s. 146 (1); 2007, c. 10, Sched. L, s. 10 (1); 2009, c. 26, s. 8 (4). Remote dispensing locations (1.0.1) The requirement under clause (1) (a) that a pharmacist be physically present in a pharmacy does not apply with respect to a remote dispensing location, as long as, (a) a certificate of accreditation has been issued permitting the operation of the remote dispensing location; and (b) the remote dispensing location is operated in accordance with the regulations. 2009, c. 26, s. 8 (5). Designated manager (1.1) Every owner of a pharmacy shall designate a designated manager for the pharmacy, and file notic…

• PART VI PHARMACY
• 117.
• 146.1Contact person, hospital/institutional pharmacies

  146.1 (1) Every hospital or institution in which a hospital pharmacy or an institutional pharmacy is operated shall designate a contact person for the hospital pharmacy or institutional pharmacy, and file notice of the designation with the College in accordance with the regulations. 2014, c. 14, Sched. 2, s. 4. One contact person or several (2) For greater certainty, a hospital or institution may designate a different person as the contact person for every hospital pharmacy or institutional pharmacy for which it must designate a contact person, but is not obliged to do so. 2014, c. 14, Sched. 2, s. 4. Section Amendments with date in force (d/m/y) 2014, c. 14, Sched. 2, s. 4 - 01/08/2016

• 118.
• 147Designations

  147 No person shall in connection with a retail business use any of the following designations, unless the business is an accredited pharmacy: 1. Drug store. 2. Pharmacien détaillant. 3. Pharmacy. 4. Pharmacie. 5. Drug department. 6. Service de pharmacie. 7. Drug sundries. 8. Remèdes divers. 9. Drug or Drugs. 10. Médicaments. 11. Drug mart. 12. Comptoir de médicaments. 13. Medicines. 14. Remèdes. R.S.O. 1990, c. H.4, s. 147. Inspection

• [s26]
• 119.
• 148Premises

  148 (1) An inspector appointed under a by-law may enter any pharmacy or other shop in the performance of his or her duties under this Act at all reasonable times. R.S.O. 1990, c. H.4, s. 148 (1); 2007, c. 10, Sched. L, s. 11 (1). Documents and objects (2) Any document or object that is kept in a pharmacy and is relevant to pharmacy practice and to an inspection under this Act shall be open to inspection by any inspector appointed under a by-law. 2007, c. 10, Sched. L, s. 11 (2). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 11 (1, 2) - 04/06/2007

• 148.3 #26
• [s27]
• 120.
• 148.1Entries and searches

  148.1 (1) A justice of the peace may, on the application of an inspector made without notice, issue a warrant authorizing an inspector to enter and search a place and examine any document or thing as specified in the warrant if the justice of the peace is satisfied that the inspector has been properly appointed and that there are reasonable and probable grounds established upon oath for believing that, (a) a person has committed an act or proprietary misconduct or is in breach of this Act or the regulations; and (b) there is something relevant to the inspection at the place. 2007, c. 10, Sched. L, s. 12. Searches by day unless stated (2) A warrant issued under subsection (1) may only be executed between 8 a.m. and 8 p.m., unless the warrant specifies otherwise. 2007, c. 10, Sched. L, s. 12. Application for dwelling (3) An application for a warrant under subsection (1) to enter a dwelling…

• [s28]
• 121.
• 148.2Copying of documents and objects

  148.2 (1) An inspector may copy, at the College’s expense, a document or object that an inspector may examine under subsection 148 (2) or under the authority of a warrant issued under subsection 148.1 (1). 2007, c. 10, Sched. L, s. 12. Removal of documents and objects (2) An inspector may remove a document or object described in subsection (1) if, (a) it is not practicable to copy it in the place where it is examined; (b) a copy of it is not sufficient for the purposes of the inspection; or (c) the object is a drug, and the inspector has provided a receipt. 2007, c. 10, Sched. L, s. 12. Return of documents and objects or copies (3) If it is practicable to copy a document or object removed under subsection (2), the inspector shall, (a) if it was removed under clause (2) (a) or (c), return the document or object within a reasonable time; or (b) if it was removed under clause (2) (b), provi…

• 122.
• 148.3Application of Public Inquiries Act, 2009

  148.3 Section 33 of the Public Inquiries Act, 2009 applies to a determination by an inspector whether a person mentioned in subsection 140 (1) has committed an act of proprietary misconduct or is in breach of this Act or the regulations. 2009, c. 33, Sched. 6, s. 51. Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 51 - 01/06/2011 2007, c. 10, Sched. L, s. 12 - 04/06/2007

• 123.
• 148.4No obstruction

  148.4 No person shall obstruct an inspector acting under section 148, or under the authority of a warrant issued under subsection 148.1 (1), or conceal from an inspector or destroy anything that is relevant to an inspection. 2007, c. 10, Sched. L, s. 12. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 12 - 04/06/2007

• [s31]

  Drugs

• 124.
• 152. #31
• [s32]
• 125.
• 149Dispensing of drugs

  149 (1) Subject to subsections (2) and (3), no person shall compound, dispense or sell any drug in a pharmacy other than, (a) a pharmacist; (b) an intern acting under the supervision of a pharmacist who is physically present; (c) a student who is in the course of fulfilling the educational requirements to become a member of the College acting under the supervision of a pharmacist who is physically present; or (d) a pharmacy technician or an intern technician acting under the supervision of a pharmacist who is physically present. 2007, c. 10, Sched. L, s. 13 (1); 2009, c. 26, s. 8 (6); 2017, c. 11, Sched. 1, s. 4 (1, 2). Exception (2) Where a pharmacist or an intern is present in the pharmacy and available to the purchaser for consultation, subsection (1) does not apply to the sale in a pharmacy of a drug listed in Schedule III. 2007, c. 10, Sched. L, s. 13 (2). Remote dispensing location…

• 126.
• 150Misrepresentation

  150 No person shall sell any drug under the representation or pretence that it is a particular drug when the person knows or ought to have known that it is not that drug, or does not contain any substance that the drug is meant to contain. 2007, c. 10, Sched. L, s. 14. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 14 - 04/06/2007

• 153. #33
• 127.
• 151Repealed

  151 Repealed: 2007, c. 10, Sched. L, s. 15. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 15 - 04/06/2008

• 128.
• 152Mailing or delivering certain drugs

  152 (1) Subject to subsection (2), a drug listed in Schedule I shall, if sent through the mail, only be sent by registered mail or, if delivered by another method, shall be delivered in a method that is both traceable and auditable, with a receipt for the drug signed by the patient or the patient’s agent. 2007, c. 10, Sched. L, s. 16. Exception, federal law (2) Where a law of Canada permits a method of delivery of a drug other than provided for in subsection (1), the law of Canada prevails. 2007, c. 10, Sched. L, s. 16. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 16 - 04/06/2008

• 129.
• 153Records of pharmacy

  153 The designated manager of every pharmacy shall keep or cause to be kept a record of every purchase and sale of a drug referred to in the Schedules to the Controlled Drugs and Substances Act (Canada) or the Schedule to the Narcotic Control Regulations (Canada) in such form or manner as the regulations may prescribe. 2007, c. 10, Sched. L, s. 17. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 17 - 04/06/2008

• 155. #36
• 130.
• 154Repealed

  154 Repealed: 2007, c. 10, Sched. L, s. 18. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 18 - 04/06/2008

• 131.
• 155Prescription drugs

  155 (1) Subject to the regulations, no person shall sell by retail any drug referred to in Schedule I, except on prescription given in such form, in such manner and under such conditions as the regulations prescribe. 2007, c. 10, Sched. L, s. 19. Exception (2) Subsection (1) does not apply to drugs listed in Schedule I that are sold in a container labelled by the manufacturer as for veterinary or agricultural use or sold in a form unsuitable for human use. 2007, c. 10, Sched. L, s. 19. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 19 - 04/06/2008

• [s39]
• 132.
• 156Prescription information

  156 (1) Every person who dispenses a drug pursuant to a prescription shall ensure that the following information is recorded 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 of the person dispensing the drug and, where different, also the signature of the person receiving a verbal prescription; (h) the date on which the drug is dispensed; (i) the price charged. R.S.O. 1990, c. H.4, s. 156 (1). Retention of records (2) The records required under subsection (1) shall be retained for not less than ten years. R.S.O. 1990, c. H.4, s. 156 (2); 1991, c. 18, s. 4…

• [s40]
• 133.
• 157Copy of prescription

  157 (1) Every person in respect of whom a prescription is presented to a pharmacist to be dispensed, unless otherwise directed by the prescriber, is entitled to have a copy of it marked as such, furnished to the person, his or her agent, or a pharmacist acting on behalf of such person or agent. R.S.O. 1990, c. H.4, s. 157 (1); 2007, c. 10, Sched. L, s. 20. Conflict (1.1) Subsection (1) prevails despite anything in the Personal Health Information Protection Act, 2004. 2004, c. 3, Sched. A, s. 80. Disposal of prescriptions (2) Prescriptions in a pharmacy that ceases to operate as a pharmacy shall be delivered to the persons, or agents of the persons, who presented the prescription or to another pharmacy that is reasonably readily available to such person or his or her agent, or failing either, to the College. R.S.O. 1990, c. H.4, s. 157 (2). Section Amendments with date in force (d/m/y) 20…

• [s41]
• 134.
• 158Prescription from outside Ontario

  158 A pharmacist may dispense a drug pursuant to a prescription authorized by a prescriber licensed to practise in a province or territory of Canada other than Ontario if, in the professional judgment of the pharmacist, the patient requires the drug. 2007, c. 10, Sched. L, s. 21. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 21 - 04/06/2007 Reports

• [s42]
• 135.
• 159By pharmacists

  159 (1) Every person who operates or manages a pharmacy shall provide the Minister with such information from records required to be kept under section 156 as the Minister requests. R.S.O. 1990, c. H.4, s. 159 (1). By Registrar (2) The Registrar shall provide the Minister with such information respecting substances referred to in the Schedules, except Schedule U, as the Registrar possesses and the Minister requests. R.S.O. 1990, c. H.4, s. 159 (2); 2007, c. 10, Sched. L, s. 22. Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. L, s. 22 - 04/06/2008

• [s43]
• 136.
• 160Sale of drugs by wholesale

  160 (1) No person shall sell by wholesale any drug for the purpose of sale by retail to any person who is not entitled to sell the drug by retail. R.S.O. 1990, c. H.4, s. 160 (1). Registration by wholesalers (2) Every person supplying drugs by wholesale in Ontario shall register with the College as a drug wholesaler and furnish the Registrar with a signed statement showing, (a) the person’s full name and address, or if a corporation the name of the corporation and the names and addresses of the president and directors thereof; (b) the principal business address, and with respect to the person’s places of business where drugs are handled, (c) the address of each place of business, agent or representative in Ontario; (d) the name of the manager or person responsible for each place of business in Ontario; (e) the date on which the person proposes to commence business at each new location in…

• [s44]

  By-laws and Regulations

• 137.
• [s45]
• 138.
• 160.1By-laws

  160.1 (1) The Council may make by-laws relating to the administrative and internal affairs of the College and, without limiting the generality of the foregoing, the Council may make by-laws, (a) requiring members or operators of pharmacies to give the College such information respecting pharmacies as may be set out in the by-laws, including the location of pharmacies, the name and address of pharmacies, the residential address of members and the name and address of owners and designated managers of pharmacies and, if the pharmacy is owned by a corporation, of the directors of the corporation, and any changes to the information; (b) providing for the information, instruments or documents to be filed with the Registrar by persons opening, acquiring, relocating or closing a pharmacy, the form thereof and the time of filing; (c) prescribing a fee for applying for a certificate of accreditati…

• [s46]
• 161Regulations

  161 (1) Subject to the approval of the Lieutenant Governor in Council, the Council may make regulations, (a) establishing Schedules I, II, III and U for the purposes of this Act, and prescribing the substances that are to be included in those Schedules; (b) naming or identifying substances for the purposes of the definition of “drug” in subsection 1 (1) and specifying the provisions of this Act that shall apply in respect of such substances; (c) naming substances and preparations that are not drugs for the purposes of the definition of “drug” in subsection 1 (1); (c.1) naming publications for the purposes of the definition of “drug” in subsection 1 (1) and specifying the provisions of this Act that shall apply in respect of substances named in those publications; (c.2) governing matters relating to the sale in pharmacies of drugs or other specified substances or preparations; (d) prescri…

• [s47]

  Enforcement

• 139.
• [s48]
• 140.
• 162Restraining orders

  162 (1) Where it appears to the College that any person does not comply with any provision of this Act or the regulations, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the College may apply to a judge of the Superior Court of Justice for an order directing such person to comply with such provision, and upon the application the judge may make such order or such other order as the judge thinks fit. R.S.O. 1990, c. H.4, s. 162 (1); 2006, c. 19, Sched. C, s. 1 (1); 2007, c. 10, Sched. L, s. 26. Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1). R.S.O. 1990, c. H.4, s. 162 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2007, c. 10, Sched. L, s. 26 - 04/06/2007

• 141.
• 162.1Order where public at risk

  162.1 (1) Despite anything in the Pharmacy Act, 1991, the Regulated Health Professions Act, 1991 or the Health Professions Procedural Code, where it appears to the College that the continued operation of a pharmacy places or may place the public at risk, the College may apply to a judge of the Superior Court of Justice for an order immediately revoking or suspending the certificate of accreditation of the pharmacy. 2007, c. 10, Sched. L, s. 27. Same (2) The judge of the Superior Court of Justice hearing the application may make an order revoking or suspending the certificate or placing terms, conditions or limitations on the certificate or may make such other order related to the operation of the pharmacy in the public interest as the judge sees fit. 2007, c. 10, Sched. L, s. 27. Appeal (3) An appeal lies to the Divisional Court from an order made under subsection (2). 2007, c. 10, Sched…

• 142.
• 163Recovery of charges

  163 A person who sells any drug in contravention of this Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991 or of the regulations under this Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991 is not entitled to recover any charges in respect thereof. R.S.O. 1990, c. H.4, s. 163; 1998, c. 18, Sched. G, s. 49 (20). Section Amendments with date in force (d/m/y) 1998, c. 18, Sched. G, s. 49 (20) - 01/02/1999

• 143.
• 164Surrender of cancelled accreditation certificate

  164 Where a certificate of accreditation is revoked or cancelled, the former holder thereof shall forthwith deliver the certificate to the Registrar. R.S.O. 1990, c. H.4, s. 164; 1991, c. 18, s. 47 (17). Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (17) - 31/12/1993

• 144.
• 165General offence

  165 Every person who contravenes any provision of this Act or the regulations for which no penalty is otherwise provided is guilty of an offence and on conviction is liable, (a) in the case of an individual, to a fine not exceeding $25,000 for a first offence or $50,000 for a second or subsequent offence; or (b) in the case of a corporation, to a fine not exceeding $50,000 for a first offence or $200,000 for a second or subsequent offence. 2007, c. 10, Sched. L, s. 28. Section Amendments with date in force (d/m/y) 1991, c. 18, s. 47 (1) - 31/12/1993 2007, c. 10, Sched. L, s. 28 - 04/06/2007

• 145.
• 166Responsibility of owner and designated manager

  166 (1) Every owner and designated manager of a pharmacy, or either of them, is liable for every offence against this Act committed by any person in the employ of or under the supervision of the owner or designated manager with the owner’s or designated manager’s permission, consent or approval, express or implied, and every director of a corporation operating a pharmacy is liable for every offence against this Act committed by any person in the employ of the corporation with the director’s permission, consent or approval, express or implied. 2007, c. 10, Sched. L, s. 29. Same (2) Where any person operates a pharmacy contrary to this Act or the regulations, the owner and designated manager of such pharmacy, or either of them, or any director of a corporation operating a pharmacy, may be proceeded against, and prosecution or conviction of any of them is not a bar to prosecution or convict…

• 146.
• 166.1Notice to Minister

  166.1 Where the College or a committee of the College proposes to take action under section 140 or any other provision of this Act and the action will involve a hospital pharmacy or an institutional pharmacy, the College or committee shall, (a) give notice of the proposed action to the Minister in writing before taking the action; and (b) provide the Minister with any information the Minister requests with respect to the action. 2014, c. 14, Sched. 2, s. 7. Section Amendments with date in force (d/m/y) 2014, c. 14, Sched. 2, s. 7 - 01/08/2016

• 147.
• 167Evidence

  167 In any prosecution under this Act, the Regulated Health Professions Act, 1991 or the Pharmacy Act, 1991, (a) a certificate as to the analysis of any drug or poison purporting to be signed by a Food and Drug Analyst or Provincial Analyst is admissible in evidence as proof, in the absence of evidence to the contrary, of the facts stated therein without proof of the appointment or signature of the analyst; (b) any article labelled as containing any drug is admissible in evidence as proof, in the absence of evidence to the contrary, that the article contains the drug described on the label; (c) the label of the container of a drug dispensed pursuant to a prescription is admissible in evidence as proof, in the absence of evidence to the contrary, that the drug named in the prescription was dispensed; (d) evidence that a drug is found in a shop or place in which business is transacted is a…

• 148.
• [s57]
• 149.
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• 157.
• 158.
• 159.
• 160.
• [s70]
• 161.
• [s73]
• 162.
• 163.
• 164.
• 165.
• 166.
• 167.