New Pharmacy Ownership Requirements

New Pharmacy Ownership Requirements

In May 2016, the Provincial Government approved amendments to the Pharmacy Operations and Drug Scheduling Act.

These changes permit the College to know the identity of all pharmacy owners, determine their suitability for pharmacy ownership and hold them accountable for providing safe and effective care by ensuring their pharmacies are compliant with legislative requirements for pharmacies in BC.

The College drafted amendments to the Pharmacy Operations and Drug Scheduling Act Bylaws and forms to incorporate the new pharmacy ownership requirements. The bylaws were posted for public comment between June and September 2017 and have been approved by the College Board for Filing with the Ministry of Health.

The new requirements came into effect on April 1, 2018. Renewals due on June 30, 2018 will be the first group of renewals to complete the new requirements and will be able to begin to do so on April 16, 2018 (75 days prior to renewal date).

Pharmacy Licensure Guide Review the Pharmacy Licensure Guide

Quick Links

• Pharmacy Operations and Drug Scheduling Act Bylaws
• New Pharmacy Ownership Requirements Readlinks Series
• New eServices Tutorial Video Series
• Types of Pharmacy Ownership
• Authorized Representatives
• Roles and Responsibilities of Direct Owners, Indirect Owners and Managers
• Eligibility Criteria
• Application Committee
• Criminal Record History
• Pharmacy Licensing Process
• Pharmacy Licences Renewal Process
• Questions

Pharmacy Operations and Drug Scheduling Act Bylaws

Review the Pharmacy Operations and Drug Scheduling Act Bylaws which incorporate the new pharmacy ownership requirements.

Pharmacy Operations and Drug Scheduling Act Bylaws Review the Pharmacy Operations and Drug Scheduling Act Bylaws

 

New Pharmacy Ownership Requirements Readlinks Series 

The New Pharmacy Ownership Requirements ReadLinks Series features more in-depth detail on key areas of the new requirements for pharmacy licensure and renewals to help pharmacies prepare to meet the new requirements. Please have a look at these topical articles to support you in the processes to meet the new requirements. 

New eservices tutorial video series

The new series of eServices tutorial videos feature step-by-step instructions to guide you through completing the new pharmacy ownership requirements on the College's eServices Web Portal.

Pharmacy Licence Renewal - A Brief Overview 

Updating Ownership Information 

Uploading a Business Licence and Navigating the Pharmacy Portal 

Engagement on the Implementation of New Pharmacy Ownership Requirements

Feedback was important to help inform the College’s approach to operationalizing the new pharmacy ownership requirements.

The College reached out to pharmacy owners and managers through workshops, discussions, and an online survey, to seek feedback on the new pharmacy licensing bylaws.

Consultation focused solely on the application of the changes to the College’s pharmacy licensure process as the new pharmacy ownership requirements have already been set by the Provincial Government.  

Engagement Process

 

 

Results of Engagement

All the feedback received during the College’s consultation period is summarized in the New Pharmacy Ownership Engagement Report.

New Pharmacy Ownership Requirements Engagement Report Download Engagement Report

The feedback received was very helpful and informed the development of operational processes and IT enhancements needed to support the new requirements. For example, feedback from owners of multiple pharmacies suggested including the ability to submit eligibility information at one time, rather than waiting for each pharmacy renewal date.

The College also used feedback from the engagement to help inform the bylaws. A key example of this is regarding the roles and responsibilities of direct and indirect owners. These responsibilities were adjusted based on the feedback provided to be more proportionate to the level of control/involvement they have in the day to day operations of a pharmacy.

Feedback also included concerns about the new Criminal Record History process. Participants indicated they were not sure which type of charges or convictions are covered under Canada’s Criminal Code. While it is not possible to include an exact list of charges and convictions within the bylaws, the College is working to provide further clarification and education around which type of charges or convictions are covered under Canada’s Criminal Code through an informational guide and other resources.

 

New Pharmacy Ownership Requirements Added to Pharmacy Operations and Drug Scheduling Act

The new pharmacy ownership requirements were developed and approved by the Provincial Government as amendments to the Pharmacy Operations and Drug Scheduling Act. These requirements cannot be changed by the College, instead our bylaws operationalize the requirements as part of the pharmacy licensing process.   

Review the approved Pharmacy Operations and Drug Scheduling Act, or see the explanatory notes for Bill 6 which summarize the changes to the Act.

Key changes to the Pharmacy Operations and Drug Scheduling Act include:

• Distinguishes between "direct owners" and "indirect owners"
• Broadens the meaning of "pharmacy" and "pharmacy licence"
• Harmonizes requirements and processes for issuing, renewing and reinstating a pharmacy licence
• Sets eligibility requirements to hold a pharmacy licence
• Establishes a new Application Committee to review licence applications that do not meet the requirements of the Act and bylaws
• Clarifies that ownership of a pharmacy must be direct
• Adds requirements for direct owners, indirect owners and managers to provide Criminal Record History
• Requires direct owners, indirect owners and managers to comply with duties under the Pharmacy Operations and Drug Scheduling Act and Health Professions Act
• Requires direct owners, indirect owners and managers to give notice to the Registrar if certain events occur
• Applications received before the amendments come into force for pharmacy licences on or after April 1, 2018 will need to meet the new requirements

Explanatory Notes on the Pharmacy Operations and Drug Scheduling Act Amendments

BILL 6 – 2016

PHARMACY OPERATIONS AND DRUG SCHEDULING AMENDMENT ACT, 2016

EXPLANATORY NOTES

SECTION 1: [Pharmacy Operations and Drug Scheduling Act, section 1]

• adds definitions consequential to the repeal and replacement of sections 2 to 4 of the Act and the enactment of sections 4.1 and 5.1 of the Act by this Bill;
• distinguishes between "direct owners" and "indirect owners";
• expands the meaning of "pharmacy" and "pharmacy licence".

SECTION 2: [Pharmacy Operations and Drug Scheduling Act, sections 2 to 4.1]

• harmonizes the requirements and processes for issuing, renewing and reinstating a pharmacy licence;
• sets out eligibility requirements to hold a pharmacy licence;
• removes from the registrar the discretion to refuse a pharmacy licence or to issue a pharmacy licence with conditions and grants that discretion to an application committee;
• removes from the registrar's or application committee's consideration matters that will be addressed in the bylaws.

SECTION 3: [Pharmacy Operations and Drug Scheduling Act, section 5]

• adds an exception to the prohibition against the ownership of pharmacies by persons authorized to prescribe drugs;
• clarifies that ownership of a pharmacy must be direct;
• is consequential to the enactment of section 7.1 of the Act by this Bill.

SECTION 4: [Pharmacy Operations and Drug Scheduling Act, section 5.1]

• adds requirements for direct owners, indirect owners and managers to provide criminal record histories.

SECTION 5: [Pharmacy Operations and Drug Scheduling Act, section 6]

• is consequential to the amendments made to section 1 of the Act by this Bill.

SECTION 6: [Pharmacy Operations and Drug Scheduling Act, sections 7 and 7.1]

• adds a prohibition against operating unlicensed pharmacies;
• is consequential to the enactment of section 3 of the Act by this Bill;
• requires direct owners, indirect owners and managers to comply with duties imposed under the Act and under the Health Professions Act;
• requires direct owners, indirect owners and managers to give notice to the registrar if certain events occur.

SECTION 7: [Pharmacy Operations and Drug Scheduling Act, section 20]

• clarifies how the Health Professions Act applies to the Act;
• is consequential to the amendments made to section 1 and the enactment of section 3 of the Act by this Bill.

SECTION 8: [Pharmacy Operations and Drug Scheduling Act, section 21]

• adds bylaw-making powers with respect to forms and authorizes the board to delegate to the registrar the power to establish forms;
• is consequential to the repeal and replacement of sections 2 to 4 and the enactment of sections 4.1, 5.1 and 7.1 of the Act by this Bill.

SECTION 9: [Pharmacy Operations and Drug Scheduling Act, section 34.1]

• adds regulation-making powers consequential to the repeal and replacement of section 5 (1) and the enactment of section 7.1 of the Act by this Bill.

SECTION 10: [Pharmacy Operations and Drug Scheduling Act transition]

• applies new application requirements to applications for pharmacy licences received before the amendments to the Pharmacy Operations and Drug Scheduling Act made by this Bill come into force.

SECTION 11: [Health Professions Act, section 25.94]

• removes a reference to a repealed provision.

(From 2016 Legislative Session: 5th Session, 40th Parliament, First Reading)

 

Types of Pharmacy Ownership

The Pharmacy Operations and Drug Scheduling Act define the types of pharmacy ownership allowed in BC. In particular, the the Pharmacy Operations and Drug Scheduling Act distinguish between direct owners and indirect owners.

The type of ownership of your pharmacy determines what information is required as part of the pharmacy licensing process. While there are different types of ownership, the majority of pharmacies will fall under the “corporation” type of ownership.

It is important for owners to be able to identify their ownership type to ensure they meet the requirements for renewing their pharmacy licence or opening a new pharmacy.

In accordance with the Pharmacy Operations and Drug Scheduling Act, assess your pharmacy’s ownership model using the Types of Pharmacy Ownership flow chart.

Direct Owners

• a pharmacist or a partnership of pharmacists
• a corporation incorporated under the Company Act or the Business Corporations Act in which the majority of the directors in the corporation are pharmacists
• a partnership of corporations in which each corporation is incorporated under the Company Act or the Business Corporations Act and a majority of the directors in each corporation are pharmacists
• a hospital as defined in the Hospital Act
• an association incorporated under the Cooperative Association Act
• a society incorporated under the Society Act
• a university as defined in the University Act
• the Thompson Rivers University 
• the City of Vancouver or a municipality
• the government

Indirect Owners

Publicly Traded

• officers and directors of the corporation

Note: Shareholders of a corporation that is traded publicly, that are not officers or directors, are not considered indirect owners. 

Not Publicly Traded

• officers, directors and shareholders of the corporation
• officers, directors and shareholders of a parent corporation for a subsidiary corporation

(See Section 1 of the Pharmacy Operations and Drug Scheduling Act and Section 5(2) of the Pharmacy Operations and Drug Scheduling Act)
 

Authorized Representatives

Authorized representatives are individuals who are permitted to represent the pharmacy’s direct owner in the collection and submission of any and all information required to complete both the pharmacy licence application and renewal processes. They are also responsible for reporting any changes to a pharmacy’s licensure information to the College. 

Authorized representatives are determined based on their relationship with the direct owner of the pharmacy.

Learn more about authorized representatives in this ReadLinks article: Who are the Authorized Representatives for Your Pharmacy?.

 

Types of Pharmacy Ownership

Learn more about pharmacy ownership structures and requirements for licensure in this ReadLinks article.

 

Roles and Responsibilities of Direct Owners, Indirect Owners and Managers 

The new pharmacy ownership requirements specifically state that direct owners, indirect owners and managers must comply with duties imposed under the Pharmacy Operations and Drug Scheduling Act and Health Professions Act.

Managers will continue to be required to actively participate in the day-to-day management of the pharmacy.

Shareholders must meet the eligibility criteria for pharmacy ownership. Responsibilities will also include cooperating with College inspectors acting under the Pharmacy Operations and Drug Scheduling Act or Health Professions Act, and notifying the College of  a change of name, address, telephone number, electronic mail address or any other information previously provided.

Learn more about responsibilities of managers and owners within the new ownership requirements in this ReadLinks article.

Bylaws: Responsibilities of Manager, Direct Owner, Director, Officer and Shareholder

18.

(1) A full pharmacist may not act as manager of more than one pharmacy location, unless the pharmacy of which the full pharmacist is manager includes

1. a telepharmacy remote site,
2. a hospital pharmacy,
3. a hospital pharmacy satellite, or
4. a pharmacy education site.

(2) A manager must do all of the following:

1. actively participate in the day-to-day management of the pharmacy;
2. confirm that the staff members who represent themselves as registrants are registrants;
3. notify the registrar in writing of the appointments and resignations of registrants as they occur;
4. cooperate with inspectors acting under section 17 of the Act or sections 28 or 29 of the Health Professions Act;
5. ensure that
   
   1. registrant and support persons staff levels are sufficient to ensure that workload volumes and patient care requirements are met at all times in accordance with the bylaws, Code of Ethics and standards of practice,
   2. meeting quotas, targets or similar measures do not compromise patient safety or compliance with the bylaws, Code of Ethics or standards of practice;
6. ensure that new information directed to the pharmacy pertaining to drugs, devices and drug diversion is immediately accessible to registrants and support persons;
7. establish policies and procedures to specify the duties to be performed by registrants and support persons;
8. establish procedures for
   
   1. inventory management,
   2. product selection, and
   3. proper destruction of unusable drugs and devices;
9. ensure that all records related to the purchase and receipt of controlled drug substances are signed by a full pharmacist;
10. ensure appropriate security and storage of all Schedule I, II, and III drugs and controlled drug substances for all aspects of pharmacy practice including operation of the pharmacy without a registrant present;
11. ensure there is a written drug recall procedure in place for pharmacy inventory;
12. ensure that all steps in the drug recall procedure are documented, if the procedure is initiated;
13. ensure that each individual working in the pharmacy wears a badge that clearly identifies the individual’s registrant class or other status;
14. notify the registrar as soon as possible in the event that he or she will be absent from the pharmacy for more than eight weeks;
15. notify the registrar in writing within 48 hours of ceasing to be the pharmacy’s manager;
16. ensure the correct and consistent use of the community pharmacy operating name as it appears on the community pharmacy licence for all pharmacy identification on or in labels, directory listings, signage, packaging, advertising and stationery;

    (p.1) if the pharmacy is a central pharmacy, ensure the correct and consistent use of each telepharmacy operating name as it appears on the telepharmacy licence for all pharmacy identification on or in labels, directory listings, signage, packaging, advertising and stationery associated with that telepharmacy;
     

17. establish and maintain policies and procedures respecting pharmacy security;
18. ensure that pharmacy staff are trained in policies and procedures regarding pharmacy security;
19. notify the registrar of any incident of loss of narcotic and controlled drug substances within 24 hours;
20. in the event of a pharmacy closure or relocation,
    
    1. provide for the safe transfer and appropriate storage of all Schedule I, II, and III drugs and controlled drug substances,
    2. advise the registrar in writing of the disposition of all drugs and prescription records at the time of a closure,
    3. provide the registrar with a copy of the return invoice and any other documentation sent to Health Canada in respect of the destruction of all controlled drug substances,
    4. arrange for the safe transfer and continuing availability of the prescription records at another pharmacy, or an off-site storage facility that is bonded and secure, and
    5. remove all signs and advertisements from the closed pharmacy premises;
21. in the event that a pharmacy will be closed temporarily for up to 14 consecutive days,
    
    1. notify patients and the public of the temporary closure at least 30 days prior to the start of the temporary closure, and
    2. make arrangements for emergency access to the pharmacy’s hard copy patient records.
22. advise the registrar if the pharmacy is providing pharmacy services over the internet, and provide to the registrar the internet address of every website operated or used by the pharmacy;
23. ensure the pharmacy contains the reference material and equipment approved by the board from time to time;
24. require anyone who will access the in-pharmacy computer system to sign an undertaking in a form approved by the registrar to maintain the confidentiality of patient personal health information;
25. retain the undertakings referred to in paragraph (x) in the pharmacy for 3 years after employment or any contract for services has ended;
26. provide the registrar with access to the pharmacy premise in cases where a pharmacy licence has been cancelled/suspended due to the loss of eligibility under section 3 of the Act;
27. ensure that no incentive is provided to a patient or patient’s representative for the purpose of inducing the patient or patient’s representative to
    1. deliver a prescription to a particular registrant or pharmacy for dispensing of a drug or device specified in the prescription, or
    2. obtain any other pharmacy service from a particular registrant or pharmacy;

54. notify the registrar of persistent non-compliance by direct owner and indirect owner(s) with their obligations under the bylaws;

81. notify the registrar of any change of telephone number, fax number, electronic mail address or any other information previously provided to the registrar.

(3) Subsection (2)(p) does not apply to a hospital pharmacy, hospital pharmacy satellite or a pharmacy education site.

(4) For the purpose of subsection (2)(t), a pharmacy closure includes a suspension of the pharmacy licence for a period greater than 30 days, unless otherwise directed by the registrar.

(5) Subsection (2)(aa) does not prevent a manager or direct owner or indirect owner(s) from

1. providing free or discounted parking to patients or patient’s representatives,
2. providing free or discounted delivery services to patients or patient’s representatives, or
3. accepting payment for a drug or device by a credit or debit card that is linked to an incentive.

(6) Subsection (2)(aa) does not apply in respect of a Schedule III drug or an unscheduled drug, unless the drug has been prescribed by a practitioner.

(7) A pharmacy education site’s manager must ensure that only registrants and instructors are present in the pharmacy education site and must also comply with subsections (2)(a), (d), (h), (o), (r) and (t)(i) and (ii).

(8) A direct owner and indirect owner(s) must do all of the following:

1. comply with subsections 2(d), (e), (g), (j), (k), (p), (q), (z) and (aa);
2. ensure that the requirements to hold a pharmacy licence under the Act are met at all times;
3. notify the registrar of any change of name, address, telephone number, electronic mail address or any other information previously provided to the registrar;
4. in the event of a pharmacy closure under subsection 2(t), notify the registrar in writing at least thirty days before the effective date of proposed closure in Form 4.

(9) Shareholders must comply with subsections 2(d) and 8(c).

(See Section 18 of the bylaws)

 

Eligibility Criteria

The new pharmacy ownership requirements establish clear eligibility criteria for direct owners to be eligible to hold a pharmacy licence. The eligibility requirements set in the Pharmacy Operations and Drug Scheduling Act allow the College to better protect the public by determining the suitability of a manager or owner.

Managers and owners need to meet the eligibility criteria in the Act, in addition to requirements under the College’s bylaws for a pharmacy to be licenced by the College.

The following would make an ownership application ineligible, or may require that conditions be imposed:

• owner/manager is subject to a limitation imposed by the discipline committee that precludes them from being an owner or manager
• owner/manager has, within the previous 6 years, been convicted of an offence under the Criminal Code
• owners/managers have, within the previous 6 years, been convicted of an offence under the Pharmaceutical Services Act
• owner/manager has been subject to an information or billing contravention,
• owner/manager has, within the previous 6 years, had their registration as a pharmacist suspended or canceled
• owner/manager has, within the previous 6 years, had a judgment entered against him or her in a court proceeding related to commercial or business activities that occurred in relation to the provision of drugs or devices, or substances or related services within the meaning of the Pharmaceutical Services Act (See Section 4(3) and 4(4) of the Pharmacy Operations and Drug Scheduling Act)

(See Section 4(3) and 4(4) of the Pharmacy Operations and Drug Scheduling Act)

Eligibility for Pharmacy Licence

A direct owner is eligible to hold a pharmacy licence if all of the following apply:

1. the ownership of the pharmacy complies with section 5 and the bylaws;
2. no direct owner, indirect owner or manager is subject to a limitation imposed by the discipline committee that precludes him or her from being a direct owner, an indirect owner or a manager;
3. the manager is a pharmacist, and that pharmacist will have responsibility for the actual management and operation of the pharmacy;
4. no direct owner, indirect owner or manager is or has been the subject of an order or a conviction for an information or billing contravention;
5. no direct owner, indirect owner or manager has, within the previous 6 years, been convicted of an offence prescribed under the Pharmaceutical Services Act for the purposes of section 45 (1) (a) (ii) of that Act;
6. no direct owner, indirect owner or manager has, within the previous 6 years, been convicted of an offence under the Criminal Code (Canada), other than an offence to which paragraph (e) applies;
7. no direct owner, indirect owner or manager has, within the previous 6 years, had a judgment entered against him or her in a court proceeding related to commercial or business activities that occurred in relation to the provision of
   
   1. drugs or devices, or
   2. substances or related services within the meaning of the Pharmaceutical Services Act;
8. no direct owner, indirect owner or manager has, within the previous 6 years, had his or her registration with one of the following bodies suspended or cancelled:
   
   1. the College of Pharmacists of British Columbia
   2. a body, in another province or in a foreign jurisdiction, that regulates the practice of pharmacy in that other province or foreign jurisdiction;
9. no direct owner, indirect owner or manager has, within the previous 6 years, had limits or conditions imposed on his or her practice of pharmacy as a result of disciplinary action taken by a body referred to in paragraph (h).

(See Section 3 of the Pharmacy Operations and Drug Scheduling Act)

 

Application Committee

Where an application for a pharmacy licence does not meet the eligibility criteria in the Pharmacy Operations and Drug Scheduling Act and the requirements in the College's bylaws, the Registrar must refer the application to the Application Committee.

The Application Committee can:

• request additional information or evidence from the direct owner, indirect owner and proposed manager
• issue, renew or reinstate the pharmacy licence
• issue, renew or reinstate the pharmacy licence with conditions
• refuse to issue, renew, or reinstate the pharmacy licence

​(See Section 4(2)(3)(4) of the Pharmacy Operations and Drug Scheduling Act)

 

Criminal Record History

The new pharmacy ownership requirements require the Criminal Record History for direct owners, indirect owners and managers as part of the pharmacy licensing process.

To meet the new requirements under the Act, all direct and indirect owners (see Types of Pharmacy Ownership) and the manager of a pharmacy must provide a Criminal Record History to the College every five years as part of the pharmacy licence renewal process. This is also required as part of a new pharmacy application process.

In the case of a Hospital Pharmacy Licence and Pharmacy Education Site Licence, only the manager will be required to provide a Criminal Record History.

All registered pharmacists and pharmacy technicians currently undergo a Criminal Record Check by the Criminal Records Review Program as required under Section 20(3) of the Health Professions Act. However, this check does not provide same level of comprehensive Criminal Record History that is required to be provided under the Pharmacy Operations and Drug Scheduling Act. It also does not allow for Criminal Record History of non-registrants to be provided to the College.

As a result, the College cannot use the same criminal record check under the Criminal Records Review Program for the pharmacy licensing process since it does not meet the Criminal Record History requirements included in the Act. The College will be using a vendor that will meet the new requirements while supporting a timely and efficient process for obtaining a Criminal Record History.

Registrants will continue to undergo a Criminal Record Check by the Criminal Records Review Program as part of registering or renewing their registration as required under Section 20(3) of the Health Professions Act.

Direct owners, indirect owners, and managers of a pharmacy who are registered as pharmacists with the College will continue to have a Criminal Record Check completed every 5 years as part of their pharmacist registration renewal process (required under HPA). They will need also need to provide a separate Criminal Record History every 5 years as part of the pharmacy licensing process (required under PODSA).

Criminal Record History Required

5.1  A direct owner, an indirect owner and a manager must provide to the registrar the information specified in the bylaws respecting the direct owner's, indirect owner's and manager's history of charges and convictions as follows:

1. on the making of an application for a new pharmacy licence;
2. if requested by the application committee, the discipline committee or the inquiry committee, within the time requested;
3. if the direct owner ceases to be eligible, under section 3 (e) or (f), to hold a pharmacy licence, within 20 days of ceasing to be eligible;
4. 5 years from the date that the information was last provided under this section.

(See Section 5.1 of the Pharmacy Operations and Drug Scheduling Act)

 

Pharmacy Licensing Process

Direct and indirect pharmacy owners and managers will be required to meet the new eligibility requirements. The changes also mean that the direct owner of the pharmacy must apply for a new pharmacy licence or pharmacy licence renewal.

A transition process will be established to bring all pharmacies into compliance with the new requirements through the annual pharmacy licence renewal.

New Pharmacy Applications

Starting April 1, 2018, all new pharmacy licence applications must must meet the new pharmacy ownership requirements in Pharmacy Operations and Drug Scheduling Act and College bylaws.

The Type of Pharmacy Ownership,will determine what information is required for a New Pharmacy Application. All pharmacy owners (direct and indirect) will need to be identified and will need to provide a Criminal Record History to determine their suitability for pharmacy ownership based on the eligibility criteria. All managers will also need to provide their Criminal Record History.

To learn how to apply for New Pharmacy Licence under the Act, determine your pharmacy’s ownership type then review the bylaws and use the New Pharmacy Applications flow chart to determine what information is required.

Bylaws: New Community Pharmacy Licence

3.

(1) Applicants for a new community pharmacy licence must submit an application consistent with the type of ownership under section 5(2) of the Act.

(2) A direct owner may apply for a new community pharmacy licence by submitting:

1. an application in Form 1A;
2. the fee(s) specified in Schedule “A”;
3. a diagram professionally drawn to a scale of ¼ inch equals 1 foot, including the measurements and entrances of the pharmacy, demonstrating compliance with the physical requirements in the bylaws and applicable policies;
4. Form 10;
5. photographs or video demonstrating compliance with the physical requirements in the bylaws and applicable policies; and
6. a copy of the pharmacy’s current business licence issued by the jurisdiction, if applicable.

(3) In addition to the requirements in subsection (2), a direct owner described in section 5(2)(b) or (c) of the Act must submit:

1. Form 7;
2. a copy of the power(s) of attorney, if applicable;
3. a copy of the Certificate of Incorporation, and
4. a copy of the Notice of Articles, or
5. a copy of the British Columbia Company Summary, whichever is current;
6. a certified true copy of the Central Securities Register if a direct owner is or includes a corporation that is not traded publicly; and

7. a certified true copy of the Central Securities Register for a parent corporation if a direct owner is a subsidiary corporation.

(4)  If an indirect owner is a company incorporated under the Company Act or the Business Corporations Act that is not traded publicly, the following must be submitted for that company:

1. a copy of the power(s) of attorney, if applicable;
2. a copy of the Certificate of Incorporation, and
3. a copy of the Notice of Articles, or
4. a copy of the British Columbia Company Summary, whichever is current; and

5. a certified true copy of the Central Securities Register.

(5)  Proof of eligibility in Form 5 and a criminal record history in accordance with section 14 must be submitted by the following:

1. any pharmacist who is a direct owner described in section 5(2)(a) of the Act;
2. indirect owner(s); and
3. the manager.

(See Section 3 of the bylaws)

Bylaws: New Hospital Pharmacy Licence

6.

(1) Applicants for a new hospital pharmacy licence must submit an application consistent with the type of ownership under section 5(2) of the Act.

(2) A direct owner may apply for a new hospital pharmacy licence by submitting:

1. an application in Form 1C;
2. the fee(s) specified in Schedule “A”; and
3. a diagram professionally drawn to a scale of ¼ inch equals 1 foot, including the  measurements and entrances of the pharmacy, confirming compliance with Schedule “D”.

(3) The manager must submit an attestation in Form 5 and a criminal record history in accordance with section 14.

(4)  A pharmacy located in a hospital which dispenses drugs to staff, out-patients or the public and which is not owned or operated by a health authority, must be licenced as a community pharmacy.

(See Section 6 of the bylaws)

 

New Pharmacy Applications

 

 

Pharmacy Licence Renewal Process

The new pharmacy ownership requirements move the responsibility of renewing a pharmacy licence from the manager to the direct owner.

A transition process has been established from April 1, 2018 to May 31, 2019 to bring all pharmacies into compliance with the new requirements through the annual pharmacy licence renewal.

Managers together with direct and indirect pharmacy owners are required to meet the new eligibility requirements in the Pharmacy Operations and Drug Scheduling Act and College bylaws.

The College recognizes that additional work will be needed during this transition period renewal, and we thank you for your patience and understanding in implementing in these new pharmacy ownership requirements.

To learn what’s needed as part of a pharmacy licence renewal under the new pharmacy ownership requirements, see the Pharmacy Licence Renewal flow chart below and review the bylaws.

Transition Period Renewal (April 1, 2018 to May 31, 2019)

To bring all pharmacies into compliance with the new requirements, pharmacies will initially need to submit the information necessary to demonstrate that they meet the new eligibility requirements as part of the pharmacy licence renewal process.

For this reason, pharmacy renewals between April 1, 2018 to May 31, 2019  part of a transition process designed to bring all pharmacies into compliance with the new requirements. The transition renewal, which is only required once, resembles the more detailed process for new pharmacy applications.

To learn what’s required for a Pharmacy Licence Renewal during the transition period, determine your pharmacy’s ownership type then review the bylaws and use the Pharmacy Licence Renewals flow chart to determine what information is required.

Bylaws: Community Pharmacy Licence Renewal (Transition Period)

4.1  The first application to renew an existing licence, submitted after the Pharmacy Operations and Drug Scheduling Amendment Act 2016 comes into force, is an application for a new community pharmacy licence under section 3 but the requirements in subsections 3(2)(c),(d) and (e) do not apply.

(See Section 4.1 of the bylaws)

Bylaws: Hospital Pharmacy Licence Renewal (Transition Period)

7.1  The first application to renew an existing hospital licence, submitted after the Pharmacy Operations and Drug Scheduling Amendment Act 2016 comes into force, is an application for a new hospital pharmacy licence under section 6 but the requirement in subsection 6(2)(c) does not apply.

(See Section 7.1 of the bylaws)

 

 

Renewal (starting June 1, 2019)

Following the transition period, the process for pharmacy licence renewals will be streamlined. Starting in June 2019 direct owners, indirect owners and managers will only be required to review and update pharmacy ownership information and attest to meeting the eligibility requirements.

To learn what’s required for a Pharmacy Licence Renewal after the transition period, determine your pharmacy’s ownership type then review the bylaws and use the Pharmacy Licence Renewals flow chart to determine what information is required.

Bylaws: Community Pharmacy Licence Renewal

4.

(1) A direct owner may apply to renew a community pharmacy licence no later than 30 days prior to the expiry of the existing pharmacy licence by submitting:

1. an application in Form 2A;
2. the fee(s) specified in Schedule “A”;
3. a copy of the pharmacy’s current business licence issued by the jurisdiction, if applicable; and
4. a copy of the current British Columbia Company Summary, if a direct owner is or includes a corporation.

(2) At the time of the renewal application, an attestation in Form 5 must be submitted by:

1. any pharmacist who is a direct owner described in section 5(2)(a) of the Act;
2. indirect owner(s); and
3. the manager.

(3)  An application submitted later than 30 days prior to the expiry of the pharmacy licence is subject to the fee(s) specified in Schedule “A”.

(See Section 4 of the bylaws)

Bylaws: Hospital Pharmacy Licence Renewal

7.

(1) A direct owner may apply to renew a hospital pharmacy licence no later than 30 days prior to the expiry of the existing pharmacy licence by submitting:

1. an application in Form 2C; and
2. the fee(s) specified in Schedule “A”.

(2)  At the time of the renewal application, the manager must submit an attestation in Form 5. 

(3)  An application submitted later than 30 days prior to the expiry of the pharmacy licence is subject to the fee(s) specified in Schedule “A”.

(See Section 7 of the bylaws)

 

Pharmacy Licence Renewals

 

 

Questions  

Questions about the new pharmacy ownership requirements? Contact [email protected].

College of Pharmacists of British Columbia

200 - 1765 West 8th Ave, 
Vancouver, BC 
V6J5C6

Tel:  604.733.2440 or 800.663.1940
Fax: 604.733.2493 or 800.377 8129
Email: [email protected]