PHARMACY ACT, 1996
This Act may be cited as The Pharmacy Act, 1996.
In this Act:
(a) "administrative bylaw" means a bylaw made for a purpose set out in subsection 14(1);
(b) "appointed councillor" means a councillor appointed pursuant to section 8;
(c) Repealed. 2003, c.8, s.3.
(d) "bylaws" means the valid bylaws of the college;
(d.1) "college" means the Saskatchewan College of Pharmacists continued pursuant to section 3;
(e) "council" means the council of the college;
(f) "councillor" means a person who is a member of the council;
(g) "court" means the Court of Queen's Bench;
(h) "drug
The Saskatchewan Pharmaceutical Association is continued as a corporation to be known as the Saskatchewan College of Pharmacists.
(1) The college may acquire, hold, mortgage, lease, sell or dispose of any property.
(2) All fees, fines and penalties receivable or recoverable pursuant to this Act are the property of the college.
(3) The college may invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009 and may sell or otherwise dispose of those investments and reinvest the proceeds in similar investments.
(4) The council may establish and administer a fund in accordance with the bylaws:
(a) to provide scholarships, fellowships or bursaries to assist members, interns and students of pharmacy to secure education and to conduct research in the field of pharmacy;
(b) to provide fo
The membership of the college consists of:
(a) those persons who are members of the Saskatchewan Pharmaceutical Association on the day before this section comes into force; and
(b) those persons who are admitted as members of the college pursuant to this Act and the bylaws.
(1) An annual meeting of the college is to be held at the time and place that is determined by the council in accordance with the bylaws.
(2) The procedure at an annual meeting or special meeting is to be determined by the bylaws.
(3) A special meeting of the college for the transaction of the business that is specified in the resolution or request is to be held:
(a) on resolution of the council; or
(b) on the request, in writing, of the number of members specified in the bylaws.
(4) Notice of the time, place and purpose of an annual or special meeting is to be given to the members in the manner prescribed by the bylaws.
(5) Notwithstanding subsection (4)
(1) The council shall manage, govern and regulate the affairs and business of the college.
(2) The council consists of:
(a) the number of councillors prescribed in the bylaws, which is to be not less than seven or more than 20 councillors elected from the membership in accordance with this Act and the bylaws;
(b) the dean of the College of Pharmacy, University of Saskatchewan, or his or her designate;
(c) the immediate past president of the college; and
(d) the persons appointed pursuant to section 8.
(3) Councillors who hold office pursuant to clause (2)(a) or (c) hold office for the terms determined in the bylaws.
(1) The Lieutenant Governor in Council may appoint two persons who reside in Saskatchewan as councillors.
(2) Where the Lieutenant Governor in Council appoints a person as a councillor, the term of office of that person is not to exceed three years.
(3) Subject to subsection (4), an appointed councillor holds office until the person's successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms.
(4) An appointed councillor ceases to hold office if the person ceases to be a resident of Saskatchewan.
(5) An appointed councillor may exercise rights and serve as a member of committees to the same extent as other councillors, but is not eligible to be an officer of the college.
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(1) An elected councillor or a councillor who holds office pursuant to clause 7(2)(c) may resign by giving written notice of his or her resignation to the council.
(2) An appointed councillor may resign by giving written notice of his or her resignation to the minister and the council.
(3) The resignation of a councillor is effective on the date stated in the written notice or if no date is stated in the written notice:
(a) in the case of a resignation of a elected councillor or a councillor who holds office pursuant to clause 7(2)(c), on the date the written notice is received by the council; or
(b) in the case of a resignation of an appointed councillor, on the day the written notice is received by the minister.
(1) When a vacancy occurs for an elected councillor, the remaining councillors may appoint another member to fill the vacancy until the earlier of:
(a) the expiry of the term of office of the elected councillor; or
(b) the date on which a member is elected to fill the vacancy in accordance with this Act and the bylaws.
(2) A vacancy in the membership of the council does not impair the ability of the remaining councillors to act.
(1) The officers of the college are to be those that are:
(a) designated in the bylaws; and
(b) appointed or elected in accordance with the bylaws.
(2) The council shall appoint a registrar.
(3) The council may engage any employees the council considers necessary to carry out the duties and functions of the college.
(4) Subject to this Act and the bylaws, the council shall determine the duties, responsibilities and remuneration of employees of the college.
(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary.
(2) The council shall appoint members to any committees that are provided for by this Act or the bylaws or that it has established pursuant to subsection (1).
(3) Committee members are entitled to be paid any remuneration and reimbursement for expenses that may be prescribed in the bylaws.
(4) The council may delegate any of its powers or duties, other than the power to make bylaws, on those terms or conditions that the council may determine, to the registrar or to a committee that is:
(a) provided for by this Act or the bylaws; or
(b) established pursuant to subsection (1).
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(1) The council, with the approval of not less than three-quarters of the councillors, may make bylaws for any purpose set out in section 14.
(2) With the approval of a two-thirds majority of those members who vote at an annual or special meeting, the college may make bylaws for any purpose set out in section 14.
(3) The registrar shall notify each member of each bylaw made pursuant to subsection (1) or (2), within 150 days after the bylaw is made.
(4) Failure to comply with subsection (3) does not invalidate a bylaw.
(5) No regulatory bylaw made by the council or the college comes into force until it is:
(a) approved by the minister pursuant to section 15; and
(1) Subject to this Act, administrative bylaws may be made pursuant to section 13 for the following purposes:
(a) prescribing the seal of the college;
(b) providing for the execution of documents by the college;
(c) respecting the management of the property of the college;
(d) respecting the banking and financial dealings of the college;
(e) fixing the fiscal year of the college and providing for the audit of the accounts and transactions of the college;
(f) respecting the making of grants for any purpose that:
(i) advances scientific knowledge or pharmaceutical education;
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(1) The college shall file with the minister two copies, certified by the registrar to be true copies, of:
(a) all regulatory bylaws; and
(b) any amendment to a regulatory bylaw together with two certified copies of the regulatory bylaw to which the amendment relates.
(2) Where the minister does not advise the college in writing within 90 days of receiving copies of the regulatory bylaw or amendment that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved.
(3) Where the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Director of Corporations two copies, certified by the registrar to be true copies, of the regulatory by
(1) In accordance with the bylaws, the council shall keep a register in which is recorded:
(a) the name, address and category of registration of every member;
(b) the name and address of every intern; and
(c) the name and address of every proprietary pharmacy, its manager and proprietor.
(2) The register is to be:
(a) kept at the head office of the college; and
(b) open for inspection by all persons, without fee, during normal office hours of the college.
(3) A certificate purporting to be signed by the registrar and stating that a named person was or was not, on a specified day or during a specified period, a
(1) The council, in accordance with this Act and the bylaws, may register persons as members or interns.
(2) The council, in accordance with this Act and the bylaws, may issue licences to members.
(1) The council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person:
(a) has a bachelor's degree in pharmacy from the University of Saskatchewan or other educational institution recognized by the council;
(b) has successfully completed any period of practical training in accordance with the bylaws;
(c) has successfully completed any examination prescribed in the bylaws;
(d) has paid the prescribed fees; and
(e) has complied with the bylaws with respect to registration.
(1.1) Notwithstanding subsection (1), the council may register as a member, and issue a licence
(1) The council may issue a permit to operate a proprietary pharmacy to a person who meets the requirements of subsection (2) and who produces evidence establishing to the satisfaction of the council that the person:
(a) is a member;
(b) is a corporation, the majority of the directors of which are members, and that one of those directors is the manager of the pharmacy;
(c) is a co-operative incorporated, continued or registered pursuant to The Co-operatives Act, 1989; or
(d) is an association within the meaning of The Mutual Medical and Hospital Benefit Associations Act.
(2) An applicant for a permit must:
(a) submit an application on the form prescribed
(1) Every proprietary pharmacy permit is to contain the name of the proprietor of the pharmacy, the name and address of the pharmacy, and the name of the licensed pharmacist who is the manager of the pharmacy for which the permit is issued.
(2) If the licensed pharmacist named as the manager of a proprietary pharmacy in a permit ceases to be the manager, the proprietor shall, not later than five days prior to the change, provide the registrar with the name of the licensed pharmacist who is to replace that person as the manager.
(3) A permit is valid and effective for the period specified in the permit.
(4) Every proprietor to whom a proprietary pharmacy permit is issued shall comply with the terms and conditions contained in the permit.
(5) A pe
(1) The council may delegate to the registrar the power to do any of the following:
(a) register persons as members;
(b) issue licences to members;
(c) register persons as interns;
(d) issue or amend permits.
(2) Where a power is delegated pursuant to this section, the exercise of that power by the registrar is deemed to be an exercise of the power by the council.
(3) The council may impose any terms and conditions that it considers appropriate on a delegation of its powers.
(4) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the council to review that d
(1) No person other than a member shall use the title "pharmacist", "pharmaceutical chemist", "druggist", "chemist and druggist", "apothecary" or any word or designation, abbreviated or otherwise, to imply that the person is a member.
(2) No person other than a member who has been issued a licence shall use the title "licensed pharmacist" or any word, title or designation, abbreviated or otherwise, to imply that the person has been issued a licence pursuant to this Act.
(3) No person other than an intern working under the supervision of a licensed pharmacist shall use the title "pharmacist intern" or any word, title, or designation, abbreviated or otherwise, to imply that the person is an intern.
(1) No person other than a licensed pharmacist or intern practising under the supervision of a licensed pharmacist, may prepare, compound, dispense or sell drugs in Saskatchewan.
(2) Subsection (1) does not apply to:
(a) the practice of any profession or occupation by any person practising pursuant to the authority of any other Act;
(b) a person who is authorized pursuant to the Food and Drugs Act (Canada) or the Narcotic Control Act (Canada) to sell drugs to a pharmacist or practitioner;
(c) a person selling feed within the meaning of the Feeds Act (Canada), if that Act and the regulations pursuant to that Act are complied with;
(d) a person who is a wholesale dealer, who sells drugs in the ordinary
Professional incompetence is a question of fact, but the display by a member of:
(a) a lack of knowledge, skill or judgment; or
(b) a disregard for the welfare of members of the public served by the profession;
of a nature or to an extent that demonstrates that the member is unfit to continue in the practice of the profession is professional incompetence within the meaning of this Act.
Professional misconduct by a member is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is professional misconduct within the meaning of this Act if:
(a) it is harmful to the best interests of the public or the members;
(b) it tends to harm the standing of the profession;
(c) it is a breach of this Act, the regulations or the bylaws or any other Act or Act of the Parliament of Canada relating to the preparing, compounding, dispensing, storing or selling of drugs;
(d) it is a failure to comply with an order of the complaints committee, the discipline committee or the council; or
(e) it is a failure to provide an inspector with any information reasonabl
Proprietary misconduct by a proprietor is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is proprietary misconduct within the meaning of this Act if:
(a) it is harmful to the best interests of the public or the members;
(b) it tends to harm the standing of the profession;
(c) it is a breach of this Act, the regulations or the bylaws or any other Act or Act of the Parliament of Canada relating to the preparing, compounding, dispensing, storing or selling of drugs;
(d) it is a failure to comply with an order of the complaints committee, the discipline committee or the council;
(e) it encourages a member or proprietor to breach this Act, the regulation
(1) The complaints committee is established consisting of at least three persons appointed by the council, including an elected councillor to be chairperson and at least one licensed pharmacist who is not a councillor.
(2) No member of the discipline committee is eligible to be a member of the complaints committee.
(1) Where the complaints committee is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, or that a proprietor is guilty of proprietary misconduct, the committee shall:
(a) review the complaint; and
(b) investigate the complaint by taking any steps it considers necessary, including summoning before it the member or proprietor whose conduct is the subject of the complaint.
(2) On completion of its investigation, the complaints committee shall make a written report to the discipline committee recommending:
(a) that the discipline committee hear and determine the formal complaint set out in the written report; or
(1) In this section, "judge" means a judge of the Provincial Court of Saskatchewan.
(2) Every member or proprietor and every person who keeps any of a member's or proprietor's records or other property shall comply with a demand of an inspector, or a person designated by the council, to produce any of the member's or proprietor's records or other property that the inspector or the person designated by the council reasonably believes are required for the purposes of an investigation pursuant to this Act.
(3) On an ex parte application by the college, a judge may make an order described in subsection (4) where he or she is satisfied by the sworn evidence of an inspector or a person designated by the council that the person believes, on reasonable grounds, that:
(a) a member or proprietor whos
(1) Where the complaints committee is of the opinion that, on the basis of the allegations or the nature of the case, the member's licence should be suspended, the member should be prohibited from performing any procedure or the proprietor's permit should be suspended pending the outcome of the investigation or hearing, the complaints committee may, with the prior approval of the council, apply to a judge of the court for an order:
(a) suspending the licence of a member whose conduct is the subject of an investigation pursuant to subsection 28(1) or against whom a formal complaint has been made pursuant to subsection 28(2);
(b) temporarily prohibiting a member described in clause (a) from performing any specified work or practice; or
(c) suspending the permit of a proprietor whose conduct i
(1) The discipline committee is established consisting of:
(a) a minimum of four licensed pharmacists, at least two of whom shall be elected councillors; and
(b) one appointed councillor.
(2) No member of the complaints committee is eligible to be appointed as a member of the discipline committee.
(3) Subject to this Act and the bylaws, the discipline committee may make rules regulating its business and procedure.
(1) Where a report of the complaints committee recommends that the discipline committee hear and determine a formal complaint, the registrar shall, at least 14 days before the date the discipline committee is to sit:
(a) send a copy of the formal complaint to the member or proprietor whose conduct is the subject of the hearing; and
(b) serve notice on the member or proprietor whose conduct is the subject of the hearing of the date, time and place of the hearing.
(2) The complaints committee shall prosecute or direct the prosecution of the complaint, but its members shall not participate in any other manner in the hearing of the complaint except as witnesses when required.
(3) The discipline committee shall hear the complaint and shall determine
(1) Where the council is of the opinion that a danger to the public exists, the council may suspend, for a period not exceeding 30 days, the licence of a member against whom a complaint has been made or a formal complaint issued, without conducting a hearing or giving notice to the member.
(2) Where the council is of the opinion that a danger to the public exists, the council may suspend, for a period not exceeding 30 days, the permit of a proprietor against whom a complaint has been made or a formal complaint issued, without conducting a hearing or giving notice to the proprietor.
(3) A member or proprietor may appeal a decision of the council pursuant to subsection (1) or (2) to the court by serving the registrar with a notice of appeal and filing the notice with the local registrar of the court.
(1) Where the discipline committee finds a member guilty of professional misconduct or professional incompetence, it may make one or more of the following orders:
(a) an order that the member be expelled from the college and that the member's name be struck from the register;
(b) an order that the member's licence be suspended for a specified period;
(c) an order that the member's licence be suspended pending the satisfaction and completion of any conditions specified in the order;
(d) an order that the member may continue to practise only under conditions specified in the order, which may include, but are not restricted to, an order that the member:
(i) not do specified types of work or practice;
(1) Where the discipline committee finds a proprietor guilty of proprietary misconduct, it may make one or more of the following orders:
(a) an order that the proprietor's permit be revoked and that the pharmacy's name be struck from the register;
(b) an order that the proprietor's permit be suspended for a specified period;
(c) an order that the proprietor's permit be suspended pending the satisfaction and completion of any conditions specified in the order;
(d) an order that the proprietor's permit be subject to the terms and conditions specified in the order, which may include, but are not restricted to an order:
(i) limiting the services that may be provided, including the preparing, compounding,
(1) If a member is expelled from the college or a member's licence is suspended, that member's rights and privileges as a member are removed for the period during which he or she is expelled or his or her licence is suspended.
(2) If the permit for a proprietary pharmacy is revoked or suspended, that pharmacy must be closed for the period during which the permit remains revoked or suspended.
The discipline committee may, by order, impose any penalty described in section 34 or 35 that to it seems just where:
(a) the member or proprietor has been convicted of an indictable offence pursuant to the Criminal Code, the Narcotic Control Act (Canada) or the Food and Drugs Act (Canada);
(b) a report of the complaints committee is made to the discipline committee respecting the conviction mentioned in clause (a);
(c) the discipline committee has given the member or proprietor an opportunity to be heard; and
(d) the discipline committee finds that:
(i) the conduct of the member giving rise to the conviction constitutes professional misconduct; or
(ii) t
Where the complaints committee in its investigation pursuant to section 28 or the discipline committee at the conclusion of its hearing pursuant to section 32 believes that the member or proprietor whose conduct is the subject of the investigation or hearing may be guilty of a criminal offence, the committee may immediately discontinue its investigation or hearing, as the case may be, and shall make a report of its findings to:
(a) the president of the college; and
(b) the Deputy Minister of Justice.
On the application of the council, a judge of the court may direct that a member's licence be suspended or a proprietor's permit be suspended pending the disposition of a criminal charge where:
(a) a criminal charge is laid against the member or proprietor; and
(b) the member or proprietor has applied to the court for a stay of any disciplinary proceedings against the member or proprietor.
(1) The discipline committee shall submit a written report of its decision to the council.
(2) The council may inform a member's employer of an order made against that member where that member is found guilty of professional misconduct or professional incompetence.
(1) A member or proprietor may appeal an order of the discipline committee made pursuant to section 34 or 35 to the council.
(2) An appeal pursuant to this section may be made by serving the registrar with a notice of appeal within 30 days of the order.
(3) On hearing an appeal, the council may dismiss the appeal or vary the order of the discipline committee.
(4) A member or proprietor may appeal an order of the council made pursuant to this section to a judge of the court, and section 42 applies with any necessary modification.
(1) A member or proprietor may appeal the decision or any order of the discipline committee to a judge of the court by serving the registrar with a notice of appeal and filing the notice with the local registrar within 30 days of the decision or order where:
(a) the member has been found guilty of professional misconduct or professional incompetence by the discipline committee pursuant to section 32;
(b) the member is subject to an order of the discipline committee pursuant to section 34 or 37;
(c) the proprietor has been found guilty of proprietary misconduct by the discipline committee pursuant to section 32; or
(d) the proprietor is subject to an order of the discipline committee pursuant to section 35 or 37.
The commencement of an appeal pursuant to section 33, 41 or 42 does not stay the effect of the decision or order appealed from, but on five days' notice to the registrar, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal.
(1) A person who has been expelled as a member may apply to the council for reinstatement.
(2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall:
(a) review the application; and
(b) investigate the application by taking any steps it considers necessary.
(3) On completion of its investigation, the council may:
(a) where it is satisfied that the person's subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a member on any terms and conditions that the council considers appropriate; or
(b) by order, refuse to reinstate the person.
(1) A proprietor whose permit has been revoked may apply to the council to reissue the permit.
(2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall:
(a) review the application; and
(b) investigate the application by taking any steps it considers necessary.
(3) On completion of its investigation, the council may:
(a) where it is satisfied that the proprietor's subsequent conduct and any other facts warrant reissuance, order that the proprietor's permit be reissued on any terms and conditions that the council considers appropriate; or
(b) by order, refuse to reissue the permit.
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(1) In sections 24 to 45:
(a) "member" includes a former member; and
(b) "proprietor" includes a former permit holder.
(2) No proceeding conducted pursuant to sections 24 to 45 shall be commenced against a former member more than 24 months after the day he or she became a former member.
(3) No proceeding conducted pursuant to sections 24 to 45 shall be commenced against a former permit holder more than 24 months after the day the permit ceased to be a valid permit.
(4) Where a former member or former permit holder does not comply with a requirement imposed in an order pursuant to clause 34(2)(a) or 35(2)(a) within 15 days after the day on which a copy of the order is sent to the former member or form
(1) Every pharmacy shall be managed by a licensed pharmacist.
(2) Unless specified otherwise in the bylaws, there shall be a licensed pharmacist on duty at all times during which the pharmacy is open to the public.
(3) A licensed pharmacist shall not be the manager of more than one pharmacy unless authorized by the bylaws.
(1) A proprietor who ceases to operate the proprietary pharmacy named in the permit shall notify the registrar no later than five days prior to the change in operation.
(2) Every proprietor who closes a proprietary pharmacy, for which a permit has been issued, with the intention of discontinuing its operation shall:
(a) immediately remove all signs and symbols relating to the operation of the pharmacy, either within or outside the premises;
(b) remove and dispose of all drugs according to law; and
(c) submit to the registrar, in writing, the information that is required by the bylaws.
(3) Subject to this Act and the bylaws, where a proprietor is bankrupt, insolvent or makes an assignment for the bene
(1) No person shall operate a proprietary pharmacy unless he or she is the holder of a valid permit.
(2) No person shall, with respect to any premises, use, display, advertise or list the designation "pharmacy", "dispensing department", "drug store" or any other designation, words, title or sign that implies, that is calculated to lead the public to infer, or from which the public may reasonably infer that the premises are being operated as a pharmacy, unless:
(a) a permit has been issued for the premises or a portion of the premises; or
(b) the premises is a publicly operated pharmacy.
(3) No person shall publish or cause to be published in any form or by any means an advertisement for the sale of drugs.
(1) For the purposes of administering this Act and the bylaws, the council or any inspector may make any inspection, investigation or inquiry that the council or the inspector considers necessary.
(2) The council may designate persons as inspectors.
(3) Every proprietor shall:
(a) cause the proprietary pharmacy for which the permit is issued to be open for inspection by the inspector at all reasonable times during the hours of operation of the proprietary pharmacy; and
(b) cause all records, specimens, drugs and equipment pertaining to the operation of the proprietary pharmacy to be available for inspection by the inspector during the times described in clause (a).
(4) An inspector shall not enter a
(1) If an inspector reports to the registrar that a proprietary pharmacy does not appear to meet the standards required pursuant to this Act or the bylaws, the registrar shall, if he or she is unable to resolve the matter, refer the matter to the complaints committee.
(2) If a matter is referred to the complaints committee, the matter is to be dealt with in accordance with the procedures, pursuant to this Act and the bylaws, pertaining to professional misconduct, professional incompetence or proprietary misconduct.
(1) The Lieutenant Governor in Council may, after consulting with the council, make regulations:
(a) establishing drug schedules;
(b) prescribing any conditions and restrictions that apply to the drug schedules;
(c) authorizing the council to make administrative or regulatory bylaws adding specific drugs to or deleting specific drugs from the drug schedules established pursuant to clause (a);
(d) prescribing the categories of practitioners who may issue a prescription, and the requirements, terms, conditions and procedures for those prescriptions;
(e) further defining "publicly operated pharmacy".
(1.1) Regulations or bylaws made pursuant to subsection (1
The minister shall designate in the formulary all drugs that are interchangeable pharmaceutical products.
A licensed pharmacist or intern may select and dispense an interchangeable pharmaceutical product for the drug specified in the prescription, unless the practitioner prescribing the drug otherwise directs:
(a) in his or her own handwriting, if the prescription is in writing; or
(b) verbally, if the prescription is not in writing.
No action lies or shall be commenced against a licensed pharmacist, intern or practitioner by reason only that, pursuant to section 54, the licensed pharmacist or intern dispensed an interchangeable pharmaceutical product if the interchangeable pharmaceutical product dispensed was designated in the formulary as an interchangeable pharmaceutical product for the drug or drugs specified in the prescription at the time the interchangeable pharmaceutical product was dispensed.
No action lies or shall be instituted against:
(a) any councillor;
(b) the complaints committee;
(c) the discipline committee;
(d) any member of any committee; or
(e) any officer, employee or agent;
of the college for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws.
(1) Every person who contravenes section 22, 23, 49 or 60 is guilty of an offence and liable on summary conviction to a fine of:
(a) for a first offence, not more than $5,000;
(b) for a second offence, not more than $12,000; and
(c) for each subsequent offence, not more than $20,000.
(2) Every director or officer of a corporation who directed, authorized, permitted, assented to or participated in the commission of an offence described in subsection (1) is guilty of an offence and liable on summary conviction to a fine of:
(a) for a first offence, not more than $5,000;
(b) for a second offence, not more than $12,000; and
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No prosecution for a contravention of section 22, 23, 49 or 60 is to be commenced:
(a) after the expiration of 24 months from the date of the alleged offence; and
(b) without the consent of the Minister of Justice or the council.
Any employer who terminates for cause the employment of a member shall report the termination to the college where the employer reasonably believes the cause is professional incompetence or professional misconduct.
No proprietor shall knowingly employ or continue to employ a person who is not a licensed pharmacist to prepare, compound, dispense or sell drugs.
(1) One copy of every bylaw and amendment filed with the Director of Corporations pursuant to section 15 is to be laid before the Legislative Assembly by the minister responsible for the administration of The Business Corporations Act in accordance with The Tabling of Documents Act, 1991.
(2) Where any bylaw or amendment laid before the Legislative Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, that bylaw or amendment ceases to have any effect and is deemed to have been revoked.
(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Legislative Assembly shall immediately:
(a) forward two copies of the Votes and Proceedings to the Director of Corporations; and
(b) advise him or her that the copies are forwarded pursuant to this subsection.
(2) On receipt of the copies mentioned in subsection (1), the Director of Corporations shall immediately:
(a) file one of the copies with the bylaw or amendment to which it relates;
(b) forward the other copy to the college; and
(c) advise the college that the copy is forwarded pursuant to this subse
On or before February 1 in each year, the college shall file with the Director of Corporations a list, certified by the registrar to be a true list, showing:
(a) the names of all members and interns as at December 31 in the preceding year;
(b) the addresses of the members and interns mentioned in clause (a) as shown by the records of the college;
(c) the respective dates of admission of the members and interns mentioned in clause (a); and
(d) the name and address of every proprietary pharmacy, its proprietor and manager.
The college shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister.
Every member, every intern and every proprietor shall comply with this Act and the bylaws.
(1) Unless otherwise provided for in this Act or the bylaws, any notice or other document that is required to be served pursuant to this Act may be served by:
(a) personal service made:
(i) in the case of an individual, on that individual;
(ii) in the case of a partnership, on any partner; or
(iii) in the case of a corporation, on any officer or director; or
(b) registered mail addressed to the last business or residential address of the person to be served shown on the register.
(2) A notice or document sent by registered mail is deemed to have been served on the seventh day following the date of its mailing, unless the person to whom it was mailed estab
Except to the extent that the bylaws may be inconsistent with this Act, the bylaws in effect on the day before the coming into force of section 1 continue as the bylaws of the college.
A person who is a member of the council of the Saskatchewan Pharmaceutical Association on the day before section 1 comes into force continues as a member of the council until the earlier of:
(a) the date councillors are elected pursuant to this Act; or
(b) the date the member dies, resigns or otherwise ceases to be a councillor.
All licences and permits issued pursuant to The Pharmacy Act that have not been revoked or suspended on the day before section 1 comes into force continue in force until the earlier of:
(a) the date on which the licence or permit expires; or
(b) the date on which the licence or permit is revoked or suspended pursuant to this Act.
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