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Q: Pharmacy requirements in Canada ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Pharmacy requirements in Canada
Category: Health
Asked by: brudenell-ga
List Price: $50.00
Posted: 01 Dec 2002 15:23 PST
Expires: 31 Dec 2002 15:23 PST
Question ID: 117399
What are the prerequisites required in each of the ten Canadian
provinces to own and operate a pharmacy? Also what are the advantages/
disadvantages to having a pharmacy be part of a chain?

Clarification of Question by brudenell-ga on 02 Dec 2002 14:10 PST
A tip will be paid for a generous text filled answer especially in the
second part of the question.
Answer  
Subject: Re: Pharmacy requirements in Canada
Answered By: tj-ga on 02 Dec 2002 21:38 PST
Rated:5 out of 5 stars
 
Hi brudenell-ga, 

Pharmacists and pharmacies are licensed by each individual province.
Each province maintains legislation to guide this profession. I've
provided you with relevant parts of the legislative acts of each
province as well as a link to the act itself.

Licensing requirements for professional pharmacists by province
http://www.napra.org/docs/0/94/109.asp

Each province legislates the requirements that must be met in order to
operate a licensed pharmacy.

ALBERTA

Pharmacies may be either licensed, certified or publicly funded.
Publicly funded pharmacies may only sell to patients of a health care
facility, correctional institution or social agency. No such
restrictions apply to a licensed or certified pharmacy.

Licenses to operate a pharmacy can only be issued to pharmacists. The
applicant must manage and supervise the pharmacy, ensure that a
pharmacist is present at all times, ensure that an adequate supply of
drugs is available and that suitable compounding and dispensing
equipment and a pharmaceutical reference library is available.

In addition, the license holder is obligated to:

"...27(1)  The holder of a pharmacy licence shall ensure
	(a)	that the pharmacy in respect of which the holder is the 
licensee contains a prescription department,
	(b)	that drugs included in Schedules 1 and 2 are stored for 
sale to the public in the prescription department, and
	(c)	if there is no professional products department in the 
pharmacy, that the drugs included in Schedule 3 are stored 
for sale to the public in the prescription department.
(2)  If a licensed pharmacy contains a professional products 
department, the licensee of the pharmacy shall ensure
	(a)	that the professional products department is located 
immediately adjacent to the prescription department,
	(b)	that drugs included in Schedule 3 are displayed in the 
professional products department,
	(c)	that only health related products prescribed in the 
regulations are displayed in that department in addition to 
the drugs included in Schedule 3, and
	(d)	that the drugs and health related products displayed in the 
professional products department are sold under the 
supervision of a pharmacist.
(3)  A holder of a pharmacy licence shall
	(a)	maintain the pharmacy, stock and compounding and 
dispensing equipment in a clean and sanitary condition 
and in proper working condition, and
	(b)	comply with the standards for the practice of pharmacy 
developed by the College pursuant to section 90.
(4)  The holder of a pharmacy licence shall not
	(a)	hold more than one pharmacy licence, or
	(b)	permit a proprietor of the licensed pharmacy or a person 
who is not a pharmacist to direct, influence, control or 
participate in the management or operation of the licensed 
pharmacy in a way that contravenes this Act or the 
regulations..."
(from the Pharmaceutical Profession Act of Alberta)

Alberta's Pharmaceutical Profession Act
http://www.qp.gov.ab.ca/documents/acts/P12.cfm

BRITISH COLUMBIA

Pharmacy licenses may be issued to persons complying with the
following regulations.

"...Subject to subsection (2), the registrar must issue a pharmacy
licence to a person who

(a) applies under the bylaws to the registrar for a pharmacy licence,

(b) satisfies the registrar that

(i) the ownership of the pharmacy meets the requirements of the Act
and none of the owners or directors is subject to a limitation under
section 54 (2) (d) that precludes being an owner or director, as the
case may be,

(ii) the pharmacy is to be under the actual management of a
pharmacist,

(iii) the floor plan of the pharmacy is in accordance with the bylaws,

(iv) the premises where the pharmacy is to be located are suitable for
its operation,

(v) the pharmacy is equipped to comply with requirements specified in
the bylaws, and

(vi) the name of the pharmacy is suitable, and

(c) pays the fees specified by the bylaws..."

The licence must include

(a) the name and address of the pharmacy,

(b) the name of the manager of the pharmacy,

(c) the name of the owner, and

(d) if the owner is a corporation or a partnership of corporations,
the names of the directors of the corporation or corporations.

(4) The manager must display the licence issued under subsection (1)
in a place within the pharmacy where it is conspicuous to the public.

(5) Subject to section 26, the manager must give 30 days' written
notice to the registrar of any changes respecting the name or layout
of the pharmacy and, on receipt of notification and the fees specified
by the bylaws, the registrar must amend the licence accordingly.

(6) A licence under this section is for 12 months and may be renewed
under section 23

 25 (1) A person authorized by any enactment to prescribe drugs must
not, directly or indirectly, own a pharmacy.

(2) A pharmacy must be owned by

(a) a pharmacist or a partnership of pharmacists,

(b) a corporation incorporated under the Company Act in which the
majority of directors in the corporation are pharmacists,

(c) a partnership of corporations in which each corporation is
incorporated under the Company Act and a majority of directors in each
corporation are pharmacists,

(d) a hospital as defined in the Hospital Act,

(e) an association incorporated under the Cooperative Association Act,

(f) a society incorporated under the Society Act,

(g) a university as defined in the University Act,

(h) the City of Vancouver or a municipality, or

(i) the government..."

Pharmacists, Pharmacy Operations and Drug Scheduling Act
http://www.qp.gov.bc.ca/statreg/stat/P/96363_01.htm#part3

ONTARIO

In Ontario, pharmacies are regulated by the Drug and Pharmacies
Regulation Act.

"...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)..."

According to section 142, "... 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)..."

Further details on the square footage, stocking of drugs, who can work
at a pharmacy are provided at the website below.

Drug and Pharmacies Regulation Act
http://192.75.156.68:81/ISYSquery/IRLA0A7.tmp/5/doc


QUEBEC

In Quebec, ownership of pharmacies is regulated by the Pharmacy Act.

"...Subject to sections 28 to 30, only a pharmacist, a partnership of
pharmacists or a joint-stock company all of the shares of which are
held by one or more pharmacists and all of the directors of which are
pharmacists may be owner of a pharmacy and buy and sell medications as
owner of a pharmacy..."

In certain narrow circumstances, a physician may also be granted a
permit to practice pharmacy.

Pharmacy Act
http://publicationsduquebec.gouv.qc.ca/fr/cgi/frameset.cgi?url=/documents/lr/P_10/P10_A.html


NEWFOUNDLAND and LABRADOR

In Newfoundland and Labrador, pharmacy ownership is regulated by the
Pharmaceutical Association Act.

The Act governs who may be licensed as a pharmacist. Only licensed
pharmacists may dispense medications; however, there doesn't appear to
be a restriction on who can own pharmacies.

Pharmaceutical Association Act
http://www.gov.nf.ca/hoa/statutes/P12-1.htm#27

Standards for Operating a Pharmacy
http://www.gov.nf.ca/hoa/regulations/rc980080.htm#12


SASKATCHEWAN

In Saskatchewan, the pharmacy business is regulated by the
Saskatchewan Pharmacies Act.  A permit to operate a pharmacy may be
granted to either a licensed pharmacist or a physician.

Saskatchewan Pharmacies Act
http://www.qp.gov.sk.ca/documents/English/Statutes/Statutes/P9-1.pdf

MANITOBA

In Manitoba, pharmacies are governed by The Pharmaceuticals Act.  A
licensed pharmacist must manage a pharmacy; however, ownership of a
pharmacy is not limited to pharmacists.

The Pharmaceuticals Act
http://web2.gov.mb.ca/laws/statutes/ccsm/p060e.php

NOVA SCOTIA

Pharmacies are regulated by the Pharmacy Act. Ownership of pharmacies
is not restricted to pharmacists. A very detailed description of the
regulations for running a pharmacy are available at the website below.

Pharmacy Act
http://www.gov.ns.ca/just/regulations/regs/pharmreg.htm

NEW BRUNSWICK

New Brunswick is regulated by the New Brunswick Pharmacy Act. I can't
find any reference to who is allowed to own a pharmacy.

New Brunswick Pharmacy Act
http://www.napra.org/pdfs/provinces/nb/pharmacyact.pdf
Regulations of the New Brunswick Pharmaceutical Society
http://www.napra.org/pdfs/provinces/nb/regulations.pdf

PRINCE EDWARD ISLAND

The Prince Edward Island Pharmacy Act regulates pharmacies in this
province. There does not appear to be any limitations on who can own a
pharmacy here.

The Prince Edward Island Pharmacy Act
http://www.napra.org/pdfs/provinces/pe/pharmacyact.pdf

YUKON

There doesn't appear to be any restrictions on who can own a pharmacy
in the Yukon.

The Yukon Pharmacists Act
http://www.napra.org/pdfs/provinces/yk/pharmacyact.pdf

NORTH WEST TERRITORIES/NUNAVUT

I have been unable to find any legislation regulating the practice of
pharmacy in either of these two territories. I suspect that these
territories rely on the National Pharmacist Association to handle its
pharmacists.

========
**Benefits of Chain vs. Non-Chain Pharmacies**

As in other industries, the benefits of being part of a chain include
name recognition, branding, and national advertising.  In addition,
franchise members can often buy stock at a lower cost than can their
independent competitors. Management assistance and help with business
plans is offered by the parent company.

The negatives of franchise or chain membership often include fees to
the franchiser, which can be quite steep in some cases.  In addition,
as a franchisee, you have less control over how you can operate your
business.  There may be conflict between the franchisee and
franchisor. If a different franchisee makes a mistake and makes the
company look bad, your business will be associated with it.

Benefits Outweigh Risks in Franchishing (General Overview)
http://www.geocities.com/bobbrooke/franchisebenefits.htm

Disadvantages of Buying into a Franchise
http://www.frain.org.za/information/howworks/disadvantages.html

For charts and statistics on distribution of retail sales for both
chain and independent pharmacies, see:
http://www.nacds.org/wmspage.cfm?parm1=508
http://www.nacds.org/user-assets/PDF_files/Retail_Outlets.pdf

I found a link to a profile of the Chain Pharmacy Industry that has a
very detailed look at chain pharmacies. It's free to association
members but there is a cost if you are not a member.

NACDS Industry Profile
http://www.nacds.org/wmspage.cfm?parm1=605


Here's a couple of examples of the benefits of operating as a chain
pharmacy.

Pick 'N Pay develops a pharmacy franchise
http://www.picknpay.co.za/pnpnew/the_company/comments/101.html

Unity Pharmacies
http://www.ntuchealth.com.sg/franchise1.html

If any parts of my answer are unclear, please ask for clarification
before rating this answer.

Thanks, 
tj-ga

Search Terms:
benefits franchise pharmacy
disadvantages franchise pharmacy
legislation pharmacy act
brudenell-ga rated this answer:5 out of 5 stars and gave an additional tip of: $10.00
This answer covered all the bases. The 20 or so links provided a great
deal of reading.

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