Part II Regulations under the Regulations Act Printed by the Queen’s Printer Halifax, Nova Scotia Vol. 37, No. 15 July 26, 2013 Contents Act Reg. No.

Page Community Easements Act Proclamation of Act, S. 17, S.N.S. 2012, c. 2 ................................... 247/2013 663 Community Easements Regulations ........................................... 248/2013 664 Environment Act C o n t a m i n a t e d S i t e s P r o t o c o l s O r d e r .......................................... 244/2013 659 Fair Drug Pricing Act D r u g P l a n R e g u l a t i o n s – a m e n d m e n t........................................... 255/2013 708 Personal Health Information Act P e r s o n a l H e a l t h I n f o r m a t i o n R e g u l a t i o n s – a m e n d m e n t ............................249/2013 666 Petroleum Products Pricing Act Prescribed Petroleum Products Prices ......................................... 245/2013 660 Prescribed Petroleum Products Prices ......................................... 256/2013 708 Pharmacy Act Proclamation of Act, S. 86, S.N.S. 2011, c. 11 .................................. 250/2013 668 D r u g S c h e d u l e s R e g u l a t i o n s – a m e n d m e n t ...................................... 259/2013 712 Pharmacist Drug Prescribing Regulations–amendment ............................ 253/2013 707 P h a r m a c y A c t a n d R e g u l a t i o n s D e f i n i t i o n s R e g u l a t i o n s ...........................251/2013 670 P h a r m a c y P r a c t i c e R e g u l a t i o n s .............................................. 258/2013 713 Registration, Licensing and Professional Accountability Regulations ................ 252/2013 672 Prescription Monitoring Act Prescription Monitoring Regulations–amendment ................................ 254/2013 707

Summary Proceedings Act S u m m a r y O f f e n c e T i c k e t s R e g u l a t i o n s – a m e n d m e n t ..............................257/2013 710 © NS Registry of Regulations. Web version. 657

Support for Parents of Critically Ill or Abducted Children Act Proclamation of Act, S. 4, S.N.S. 2013, c. 11–amends the Labour Standards Code, R.S.N.S. 1989, c. 246 ............................................... 246/2013 662 In force date of regulations: As of March 4, 2005*, the date a regulation comes into force is determined by subsection 3(6) of the Regulations Act. The date a regulation is made, the date a regulation is approved, the date a regulation is filed and any date specified in a regulation are important to determine when the regulation is in force. *Date that subsections 3(6) and (7) and Sections 11 and 13 of the Regulations Act and amendments to the Regulations Act made by

Chapter 46 of the Acts of 2004 were proclaimed in force. 658 © NS Registry of Regulations. Web version.

N.S. Reg. 244/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 N.S. Reg. 244/2013 Made: July 3, 2013 Filed: July 3, 2013 Contaminated Sites Protocols Order Order dated July 3, 2013 made by the Minister of Environment pursuant to clause 8A(1)(

c) of the Environment Act In the matter of clause 8A(1)(

c) and

Section 90 of

Chapter 1 of the Acts of 1994-95, the Environment Act - and - In the matter of the Contaminated Sites Regulations, N.S. Reg. 64/2012 made by the Governor in Council by Order in Council 2012-60 dated March 6, 2012 Order I, Sterling Belliveau, Minister of Environment for the Province of Nova Scotia, pursuant to clause 8A(1)(

c) and

Section 90 of

Chapter 1 of the Acts of 1994-95, the Environment Act, hereby establish standards for the remediation of contaminated sites by adopting the following protocols published by the Department of Environment on July 6, 2013: Notification of Contamination Protocol Environmental Site Assessment for Limited Remediation Protocol Phase 1 Environmental Site Assessment Protocol Phase 2 Environmental Site Assessment Protocol Remediation Levels Protocol Remedial Action Plan Protocol Confirmation of Remediation Protocol The protocols are available to the public at http://www.gov.ns.ca/nse/contaminatedsites/protocols.asp or at the Department of Environment, 5th Floor, 5151 Terminal Road, Halifax, Nova Scotia.

This order is effective on and after July 6, 2013. Dated and made at Halifax, Nova Scotia July 3, 2013. Sgd.: Sterling Belliveau Honourable Sterling Belliveau Minister of Environment © NS Registry of Regulations. Web version. 659

N.S. Reg. 245/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 N.S. Reg. 245/2013 Made: July 4, 2013 Filed: July 5, 2013 Prescribed Petroleum Products Prices Order dated July 4, 2013 made by the Nova Scotia Utility and Review Board pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Order NSUARB-GAS-W-13-27 In the Matter of the Petroleum Products Pricing Act - and - In the Matter of Prescribing Prices for Petroleum Products pursuant to

Section 14 of the Petroleum Products Pricing Act and Sections 16 to 19 of the Petroleum Products Pricing Regulations Before: Murray E. Doehler, CA, P. Eng., Member Order

Whereas the purpose of the Petroleum Products Pricing Regulations is to ensure just and reasonable prices for specified petroleum products taking into consideration the objectives of preserving the availability of such products in rural areas, stabilizing prices of such products and minimizing the variances in prices of such products across the Province; And

whereas the Nova Scotia Utility and Review Board (“Board”) considered the manner in which it would proceed to set petroleum prices in its decision, 2006 NSUARB 108, issued on October 16, 2006; And

whereas the Board revised the retail margin and transportation allowance effective January 6, 2012, in its decision, 2011 NSUARB 181, issued on November 23, 2011; And

whereas the Board revised the wholesale margin effective January 4, 2013, in its decision 2012 NSUARB 213, issued on December 12, 2012; And

whereas the average of the average of the daily high and low reported product prices (in Canadian cents) for the week ended July 3, 2013, are: Grade 1 Regular gasoline 74.7¢ per litre Ultra-low-sulfur diesel oil 79.4¢ per litre

Now therefore the Board prescribes the benchmark prices for petroleum products to be: Gasoline: Grade 1 74.7¢ per litre Grade 2 77.7¢ per litre Grade 3 80.7¢ per litre Ultra-low-sulfur diesel oil 79.4¢ per litre And

now therefore the Board has determined, based on historical data regarding price changes and to achieve revenue neutrality, it is appropriate to apply, and the Board so orders, forward averaging corrections of: Gasoline: plus 0.5¢ per litre Ultra-low-sulfur diesel oil: plus 0.7¢ per litre And

now therefore the Board prescribes the prices for petroleum products as set forth in

Schedule “A” effective on and after 12:01 a.m., July 5, 2013. 660 © NS Registry of Regulations. Web version.

N.S. Reg. 245/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 Dated at Halifax, Nova Scotia, this 4th day of July, 2013. Sgd: D. Pedlar Clerk of the Board

Schedule “A” Prices Prescribed for Petroleum Products under the Petroleum Products Pricing Act and the Petroleum Products Pricing Regulations effective on and after 12:01 a.m. on July 5, 2013 Nova Scotia Petroleum Price

Schedule Petroleum Prices in Cents/Litre Self-Service Pump Prices Full-Service Pump Prices (Pump Prices includes 15% HST) Base Wholesale Price Fed. Excise Tax Prov.

Tax Wholesale Selling Price Min Max Min Max Zone 1 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.3 85.3 88.3 87.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 107.8 110.8 113.8 106.6 129.5 132.9 136.4 128.1 131.6 135.0 138.5 130.2 129.5 132.9 136.4 128.1 999.9 999.9 999.9 999.9 Zone 2 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 82.8 85.8 88.8 87.7 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.3 111.3 114.3 107.1 130.1 133.5 137.0 128.7 132.1 135.6 139.0 130.8 130.1 133.5 137.0 128.7 999.9 999.9 999.9 999.9 Zone 3 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 83.2 86.2 89.2 88.1 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.7 111.7 114.7 107.5 130.5 134.0 137.4 129.1 132.6 136.0 139.5 131.2 130.5 134.0 137.4 129.1 999.9 999.9 999.9 999.9 Zone 4 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 83.3 86.3 89.3 88.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.8 111.8 114.8 107.6 130.6 134.1 137.5 129.3 132.7 136.2 139.6 131.3 130.6 134.1 137.5 129.3 999.9 999.9 999.9 999.9 Zone 5 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 83.3 86.3 89.3 88.2 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 108.8 111.8 114.8 107.6 130.6 134.1 137.5 129.3 132.7 136.2 139.6 131.3 130.6 134.1 137.5 129.3 999.9 999.9 999.9 999.9 Zone 6 Regular Unleaded Mid-Grade Unleaded Premium Unleaded Ultra-Low-Sulfur Diesel 84.0 87.0 90.0 88.9 10.0 10.0 10.0 4.0 15.5 15.5 15.5 15.4 109.5 112.5 115.5 108.3 131.4 134.9 138.3 130.1 133.5 137.0 140.4 132.1 131.4 134.9 138.3 130.1 999.9 999.9 999.9 999.9 © NS Registry of Regulations.

Web version. 661

N.S. Reg. 246/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 N.S. Reg. 246/2013 Made: July 9, 2013 Filed: July 9, 2013 Proclamation, S. 4, S.N.S. 2013, c. 11 Order in Council 2013-228 dated July 9, 2013 Proclamation made by the Governor in Council pursuant to

Section 4 of the Support for Parents of Critically Ill or Abducted Children Act The Governor in Council on the report and recommendation of the Minister of Labour and Advanced Education dated May 22, 2013, and pursuant to

Section 4 of

Chapter 11 of the Acts of 2013, the Support for Parents of Critically Ill or Abducted Children Act, is pleased to order and declare by proclamation that

Chapter 11 of the Acts of 2013, the Support for Parents of Critically Ill or Abducted Children Act, do come into force on and not before July 9, 2013. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 4 of

Chapter 11 of the Acts of 2013, the Support for Parents of Critically Ill or Abducted Children Act, it is enacted as follows: 4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 11 of the Acts of 2013, the Support for Parents of Critically Ill or Abducted Children Act, do come into force on and not before July 9, 2013; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 11 of the Acts of 2013, the Support for Parents of Critically Ill or Abducted Children Act, do come into force on and not before July 9, 2013, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia. 662 © NS Registry of Regulations. Web version.

N.S. Reg. 246/2013 - 247/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 AT Our Government House in the Halifax Regional Municipality, this 9th day of July in the year of Our Lord two thousand and thirteen and in the sixty-second year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 247/2013 Made: July 9, 2013 Filed: July 9, 2013 Proclamation, S. 17, S.N.S. 2012, c. 2 Order in Council 2013-232 dated July 9, 2013 Proclamation made by the Governor in Council pursuant to

Section 17 of the Community Easements Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated June 13, 2013, and pursuant to

Section 17 of

Chapter 2 of the Acts of 2012, the Community Easements Act, is pleased to order and declare by proclamation that

Chapter 2 of the Acts of 2012, the Community Easements Act, do come into force on and not before July 9, 2013. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 17 of

Chapter 2 of the Acts of 2012, the Community Easements Act, it is enacted as follows: 17 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 2 of the Acts of 2012, the Community Easements Act, do come into force on and not before July 9, 2013; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 2 of the Acts of 2012, the Community Easements Act, do come into force on and not before July 9, 2013, of which all persons concerned are to take notice and govern themselves accordingly. © NS Registry of Regulations. Web version. 663

N.S. Reg. 247/2013 - 248/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia. AT Our Government House in the Halifax Regional Municipality, this 9th day of July in the year of Our Lord two thousand and thirteen and in the sixty-second year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S.

Reg. 248/2013 Made: July 9, 2013 Filed: July 9, 2013 Community Easements Regulations Order in Council 2013-233 dated July 9, 2013 Regulations made by the Governor in Council pursuant to

Section 16 of the Community Easements Act The Governor in Council on the report and recommendation of the Minister of Natural Resources dated June 13, 2013, and pursuant to

Section 16 of

Chapter 2 of the Acts of 2012, the Community Easements Act, is pleased to make regulations respecting community easements, other than recreational[-use] easements, and the designation of eligible bodies that may acquire and hold community easements, other than recreational[-use] easements, in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 9, 2013.

Schedule “A” Regulations Respecting Community Easements made by the Governor in Council pursuant to

Section 16 of

Chapter 2 of the Acts of 2012, the Community Easements Act Citation 1 These regulations may be cited as the Community Easements Regulations. Application of these regulations 2 These regulations apply only with respect to community easements other than recreational-use easements. 664 © NS Registry of Regulations. Web version.

N.S. Reg. 248/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15

Definitions for regulations and Act 3( 1 ) In these regulations, (a) “Act” means the Community Easements Act; (b) “designated” means designated as an eligible body in accordance with clause 8(1)(

f) of the Act; and (c) “land”, in relation to a community easemen t, means the land over which the community easement is granted.

(2) In clause 7(

c) of the Act, “drawing” means a drawing prepared by a Nova Scotia Land Surveyor. Applying for designation 4( 1 ) An organization may apply to the Minister to be designated.

(2) An application for designation must include all of the following: (

a) proof that the organization has been legally incorporated without purpose of gain for its members under legislation that requires that any profits or other benefits to the organization be used solely to promote its objectives; (

b) proof of the organization’s current registra tion and good standing issued by the Registrar of Joint Stock Companies or equivalent authority in the jurisdiction in which the organization was incorporated or registered; (

c) if the organization was incorporated outside the Province, the name and address of a person residing within the Province to whom any communications and notices may be sent; (

d) a copy of the objects and bylaws of the orga nization confirming that 1 of its primary purposes is a purpose listed in subsection 4(2) of the Act. Minister may recommend designation 5 If the Minister is satisfied that an organization that applies for designation is eligible to be designated, the Minister may approve the application and recommend to the Governor in Council that the organization be designated and that its name be added to

Schedule A. Minister may recommend revocation of designation 6 The Minister may recommend to the Governor in Council that a designation be revoked and the organization’s name removed from

Schedule A if the designated organization (

a) fails to remain legally incorporated in acco rdance with the criteria set out in clause 4(2)(a); (

b) fails to maintain current registration and good standing in accordance with the criteria set out in clause 4(2)(b); (

c) amends its bylaws or objects so that they no longer are consistent with clause 4(2)(d); or (

d) contravenes the Act or these regulations. Required content for community easement 7( 1 ) In addition to the content required by the Act, a community easement must contain all of the following: © NS Registry of Regulations. Web version. 665

N.S. Reg. 248/2013 - 249/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 (

a) information that demonstrates the capacity of the easement holder to monitor and enforce the community easement and carry out any necessary remediation of the land; (

b) a statement describing the current use of the land; (

c) a description outlining the natural, scenic, open space, archaeological, paleontological, historic, cultural, agricultural, working forest or wetland value of the land; (

d) a provision providing a right of access to the easement holder as determined between the parties.

(2) A community easement may be in the form available from the Department of Natural Resources.

Schedule A List of Organizations Designated as Eligible Bodies under the Community Easements Act The following are designated as eligible bodies for the purpose of clause 8(1)(

f) of the Act: Annapolis Valley Farmland Trust Society Climb Nova Scotia Association Heritage Trust of Nova Scotia Industrial Heritage Nova Scotia Society N.S. Reg. 249/2013 Made: July 9, 2013 Filed: July 9, 2013 Personal Health Information Regulations Order in Council 2013-235 dated July 9, 2013 Amendment to regulations made by the Governor in Council pursuant to

Section 110 of the Personal Health Information Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated June 7, 2013, and pursuant to

Section 110 of

Chapter 41 of the Acts of 2010, the Personal Health Information Act, is pleased to amend the Personal Health Information Regulations, N.S. Reg. 217/2012, made by the Governor in Council by Order in Council 2012-371 dated December 4, 2012, to designate enactments for the purpose of subsection 7(3) of the Act, to authorize First Nations to access to health card numbers and to provide for an exemption from fees for requests from the Workers’ Compensation Board, in the manner set forth in

Schedule “A” attached to and forming part of the report and recommendation, effective on and after July 9, 2013. 666 © NS Registry of Regulations. Web version.

N.S. Reg. 249/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15

Schedule “A” Amendment to the Personal Health Information Regulations made by the Governor in Council pursuant to

Section 110 of

Chapter 41 of the Acts of 2010, the Personal Health Information Act 1 The table in

Section 5 of the Personal Health Information Regulations, N.S. Reg. 217/2012, made by the Governor in Council by Order in Council 2012-371 dated December 4, 2012, is amended by adding the following row immediately before the row that begins with “Adoption Information Act”: Any enactment governing a regulated health-profession body any provision that grants a person the powers, privileges and immunities of a commissioner under the Public Inquiries Act 2

(1) The regulations are further amended by redesignating

Section 6 as subsection 6(1). (2) Subsection 6(1) of the regulations is amended by (

a) striking out the period at the end of clause (

d) and substituting a semicolon; and (

b) adding the following clause immediately after clause (d): (

e) the following First Nations Bands, to create and maintain the Unama’ki Client Registry: (

i) the Chapel Island First Nation, (ii) the Eskasoni First Nation, (iii) the Membertou First Nation, (iv) the Wagmatcook First Nation, (

v) the Waycobah First Nation.

(3) Section 6 is further amended by adding the follo wing subsection immediately after subsection 6(1):

(2) In clause (1)(e), “Unama’ki Client Registry” means a registry of First Nations health care clients that is used as a tool to access, manage and use health information for use in the First Nations’ health planning and evalution. 3

Section 12 of the regulations is amended by (

a) striking out the period at the end of clause (

f) and substituting a semicolon; and (

b) adding the following clause immediately after clause (f): (

g) a request from the Workers’ Compensation Board of Nova Scotia. © NS Registry of Regulations. Web version. 667

N.S. Reg. 250/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 N.S. Reg. 250/2013 Made: July 9, 2013 Filed: July 9, 2013 Proclamation, S. 86, S.N.S. 2011, c. 11 Order in Council 2013-236 dated July 9, 2013 Proclamation made by the Governor in Council pursuant to

Section 86 of the Pharmacy Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated June 7, 2013, and pursuant to

Section 86 of

Chapter 11 of the Acts of 2011, the Pharmacy Act, is pleased to order and declare by proclamation that

Chapter 11 of the Acts of 2011, the Pharmacy Act, do come into force on and not before August 6, 2013. PROVINCE OF NOVA SCOTIA sgd: J. J. Grant G/S ELIZABETH THE SECOND, by the Grace of God, of the United Kingdom, Canada and Her Other Realms and Territories, Queen, Head of the Commonwealth, Defender of the Faith. TO ALL TO WHOM THESE PRESENTS SHALL COME, OR WHOM THE SAME MAY IN ANY WISE CONCERN, G R E E T I N G: A PROCLAMATION

WHEREAS in and by

Section 86 of

Chapter 11 of the Acts of 2011, the Pharmacy Act, it is enacted as follows: 86 This Act comes into force on such day as the Governor in Council orders and declares by proclamation. AND

WHEREAS it is deemed expedient that

Chapter 11 of the Acts of 2011, the Pharmacy Act, do come into force on and not before August 6, 2013; NOW KNOW YE THAT WE, by and with the advice of the Executive Council of Nova Scotia, do by this Our Proclamation order and declare that

Chapter 11 of the Acts of 2011, the Pharmacy Act, do come into force on and not before August 6, 2013, of which all persons concerned are to take notice and govern themselves accordingly. IN TESTIMONY WHEREOF We have caused these our Letters to be made Patent and the Great Seal of Nova Scotia to be hereunto affixed. WITNESS, Our Trusty and Well Beloved His Honour Brigadier-General, the Honourable J. J. Grant (Retired), Lieutenant Governor of the Province of Nova Scotia. 668 © NS Registry of Regulations. Web version.

N.S. Reg. 250/2013 - 251/2013 to 255/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 AT Our Government House in the Halifax Regional Municipality, this 9th day of July in the year of Our Lord two thousand and thirteen and in the sixty-second year of Our Reign. BY COMMAND: sgd: Ross Landry Provincial Secretary Minister of Justice and Attorney General N.S. Reg. 251/2013 to N.S. Reg. 255/2013 Made: November 15, 2012 and July 9, 2013 Approved: July 9, 2013 Filed: July 9, 2013 Pharmacy Act and Regulations

Definitions Regulations, Registration, Licensing and Professional Accountability Regulations, Pharmacist Drug Prescribing Regulations, Prescription Monitoring Regulations and Drug Plan Regulations Order in Council 2013-237 dated July 9, 2013 Regulations and amendment to regulations made by the Governor in Council pursuant to

Section 83 of the Pharmacy Act,

Section 27 of the Prescription Monitoring Act and subsection 31(4) of the Fair Drug Pricing Act and repeal of regulations and regulations made by the Nova Scotia College of Pharmacists and approved by the Governor in Council pursuant to

Section 82 of the Pharmacy Act The Governor in Council on the report and recommendation of the Minister of Health and Wellness dated June 7, 2013, and pursuant to Sections 82 and 83 of

Chapter 11 of the Acts of 2011, the Pharmacy Act,

Section 27 of

Chapter 32 of the Acts of 2004, the Prescription Monitoring Act and subsection 31(4) of

Chapter 7 of the Acts of 2011, the Fair Drug Pricing Act, is pleased, effective on and after August 6, 2013: (

a) pursuant to

Section 83 of

Chapter 11 of the Acts of 2011, the Pharmacy Act, to make regulations respecting

definitions associated with the Pharmacy Act in the form set forth in

Schedule “A” attached to and forming part of the report and recommendation; (

b) pursuant to

Section 82 of

Chapter 11 of the Acts of 2011, the Pharmacy Act, (

i) to approve the repeal by the Council of the Nova Scotia College of Pharmacists of the Qualification and Professional Accountability Regulations, N.S. Reg. 144/2003, made by the Council and approved by the Governor in Council by Order in Council 2003-348 dated August 1, 2003, and (ii) to approve new regulations respecting re gistration, licensing and professional accountability made by the Council of the Nova Scotia College of Pharmacists in the form set forth in

Schedule “B” attached to and forming part of the report and recommendation; © NS Registry of Regulations. Web version. 669

N.S. Reg. 251/2013 to 255/2013 - 251/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 (

c) pursuant to

Section 83 of

Chapter 11 of the Acts of 2011, the Pharmacy Act, to amend the Pharmacist Drug Prescribing Regulations, N.S. Reg. 22/2010, made by the Governor in Council by Order in Council 2010 40 dated January 26, 2010, for consistency with the new Pharmacy Act and regulations in the manner set forth in

Schedule “C” attached to and forming part of the report and recommendation; (

d) pursuant to

Section 27 of

Chapter 32 of the Acts of 2004, the Prescription Monitoring Act, to amend the Prescription Monitoring Regulations, N.S. Reg. 132/2005, made by the Governor in Council by Order in Council 2005-275 dated June 30, 2005, for consistency with the new Pharmacy Act and regulations in the manner set forth in

Schedule “D” attached to and forming part of the report and recommendation; (

e) pursuant to subsection 31(4) of

Chapter 7 of the Acts of 2011, the Fair Drug Pricing Act, to amend the Drug Plan Regulations, N.S. Reg. 222/2011, made by the Governor in Council by Order in Council 2011-234 dated June 30, 2011, for consistency with the new Pharmacy Act and regulations in the manner set forth in

Schedule “E” attached to and forming part of the report and recommendation. N.S. Reg. 251/2013 Pharmacy Act and Regulations

Definitions Regulations

Schedule “A” Regulations Defining Words and Expressions Used in the Act made by the Governor in Council under

Section 83 of

Chapter 11 of the Acts of 2011, the Pharmacy Act Citation 1 These regulations may be cited as the Pharmacy Act and Regulations

Definitions Regulations. Definition for these regulations 2 In these regulations, “Act” means the Pharmacy Act.

Definitions for Act and regulations 3( 1 ) For the purposes of the Act and all regulations made under the Act, “complete patient record” includes any medication record maintained as part of the electronic health record; “graduation” means the successful completion of the requirements of an accredited degree program in pharmacy or an accredited pharmacy technician training program, as applicable; “patient” includes the patient’s agent, unless the context otherwise requires; “patient record” is further defined to include (

i) any record of information provided by, to or concerning a patient, and (ii) a record of any counselling services provided to a patient; 670 © NS Registry of Regulations. Web version.

N.S. Reg. 251/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 “practice experience” means either structured or unstructured practical experience undertaken by an applicant or registrant under the guidance of a preceptor in a direct patient care setting in a licensed pharmacy or hospital pharmacy in Canada, or another setting approved by the Council; “present in the pharmacy” means physically present in the pharmacy; “record”, unless the context otherwise requires, means a record kept by a pharmacy, whether in written, photographic, electronic, magnetic or other form, and includes all of the following: (

i) a record kept by the pharmacy owner, the pharmacy manager, any registrant employed in the pharmacy or any other person associated with the pharmacy, (ii) a record required to be kept under any of the following: (

A) the Act or regulations made under the Act, (C)* the Controlled Drugs and Substances Act (Canada) or a regulation or standard under that Act, (D)* the Food and Drug Act (Canada) or a regulation or standard under that Act, [*paragraph lettering as in original] (iii) a record of each prescription the pharmacy receives but does not dispense, including the original prescription if it has not been transferred, and an identification of any prescription that the pharmacy has transferred, (iv) a record of each prescription dispensed from or through the pharmacy, including the prescription, the name of the drug or item prescribed, the amount dispensed, the name of the person who dispensed the prescription, the name of and contact information for the patient and the name of and contact information for the prescriber, (

v) a record of the names of and contact information for the patients to whom the pharmacy provides services, (vi) a patient record, (vii) all documentation required by the standards.

(2) For the purposes of subsection (1), “accredited degree program in pharmacy” means an educational program in pharmacy that leads to a degree on successful completion and that is (

i) accredited by the Canadian Council for Accreditation of Pharmacy Programs; (ii) accredited by a body recognized as an accrediting agency by the Canadian Council for Accreditation of Pharmacy Programs; or (iii) determined by the Pharmacy Examining Bo ard of Canada to be the equivalent of a program accredited by the Canadian Council for Accreditation of Pharmacy Programs; © NS Registry of Regulations. Web version. 671

N.S. Reg. 251/2013 - 252/2013 Royal Gazette

Part II - Regulations Vol. 37, No. 15 “accredited pharmacy technician training program” means a pharmacy technician training program accredited by the Canadian Council for the Accreditation of Pharmacy Programs or another accrediting body approved by the Council for that purpose; “direct patient care” means a practice of pharmacy that involves the care of individual patients; “electronic health record” means the electronic health record as defined in the Personal Health Information Regulations made under the Personal Health Information Act. ___________________________________________________________________ N.S.

Reg. 252/2013 Registration, Licensing and Professional Accountability Regulations

Schedule “B” I hereby certify that the Council of the Nova Scotia College of Pharmacists, at a duly convened meeting of the Council held on November 15, 2012, and pursuant to

Section 82 of

Chapter 11 of the Acts of 2011, the Pharmacy Act, carried a motion to (

a) repeal the Qualification and Professional Accountability Regulations, N.S. Reg. 144/2003, made by the Council under subsection 80(1) of

Chapter 36 of the Acts of 2001, the Pharmacy Act, and approved by the Governor in Council by Order in Council 2003-348 dated August 1, 2003; and (

b) make new regulations respecting registrati on, licensing and professional accountability in the practice of pharmacy, in the form attached. The repeal and making of regulations referred to in this certificate is effective on and after August 6, 2013, and approval by the Governor in Council. Signed at Halifax, in the Halifax Regional Municipality, Nova Scotia, on the 23rd day of May, 2013. Council of the Nova Scotia College of Pharmacists Per: Sgd.: Susan M. Wedlake Susan M.

Wedlake, BSc (Pharm), MSc Registrar, Nova Scotia College of Pharmacists Regulations Respecting Registration, Licensing and Professional Accountability in the Practice of Pharmacy made by the Council of the Nova Scotia College of Pharmacists under

Section 82 of

Chapter 11 of the Acts of 2011, the Pharmacy Act

Interpretation Citation 1 These regulations may be cited as the Registration, Licensing and Professional Accountability Regulations.

Definitions 2( 1 ) In these regulations, 672 © NS Registry of Regulations. Web version.

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Part II - Regulations Vol. 37, No. 15 “competence in jurisprudence”, in relation to an applicant for a licence, means the successful completion by the applicant, within 2 years preceding the date of their application, of the examination in jurisprudence approved by the Council for use in assessing the pharmacy jurisprudence competencies of an applicant for a licence as a pharmacist or pharmacy technician, as the case may be, in Canada, with specific reference to Nova Scotia; “examination to assess required professional competencies” means the examination approved by the Council for use in assessing the competencies of an applicant for a licence as a practising pharmacist or a practising pharmacy technician, as the case may be; “fee” means the fee determined by the Council under subsection 4(3) of the Act, unless the context otherwise requires; “licence”, unless the context otherwise requires, means a licence to practise pharmacy issued to an individual under subsection 16(1) of the Act; “limited-service pharmacy” means a pharmacy that serves a limited clientele and does not serve the general public; “Minister” means the Minister of Health and Wellness; “pharmacy licence” means a pharmacy licence issued by the Registrar under subsection 23(1) of the Act; “Pharmacy Practice Regulations”, means the Pharmacy Practice Regulations made by the Council under

Section 80 of the Act; “pharmacy standards” means standards for pharmacies (

i) adopted by the Council under

Section 12 of the Act; or (ii) established by the College in accordance w ith the requirements for pharmacies set out in regulations made by the Council under clause 80(1)(

i) of the Act; “practice assessment” means an evaluation of the practice skills of a registrant or an applicant for a licence that is carried out by a registrant who is licensed to practise direct patient care and who uses a proficiency template approved by the Council for the evaluation; “Registration Advisory Committee” means the committee established by Council to advise the Registrar on registration matters; “satisfactory language proficiency” for purposes of an application for a licence means the successful completion of an English-language proficiency assessment at a level consistent with language fluency requirements for licensure as a pharmacist or pharmacy technician, as the case may be, in Canada, as approved by the Council; “structured practice experience” means practice experience that is structured as approved by the Council to attain specific competency requirements.

(2) The

definitions contained in the Pharmacy Act and Regulations

Definitions Regulations made under the Act apply to these regulations unless the context otherwise requires. © NS Registry of Regulations. Web version. 673

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Part II - Regulations Vol. 37, No. 15 Registration and Licensing Classes and Requirements Classes of registrants 3 Classes of registrants referred to in these regulations are as established in the Pharmacy Practice Regulations. Applying for registration 4( 1 ) Unless otherwise determined by the Registrar in accordance with subsection (2), a person who wishes to be a registrant must provide all of the following to the Registrar: (

a) a completed application on a form supplied by the Registrar; (

b) if applicable, a letter of standing that meets the requirements of

Section 5 from each pharmacy regulatory authority in another jurisdiction with which the person is currently or has been registered; (

c) proof of the person’s identity; (

d) if applicable, the statement of disclosure required by

Section 6 respecting offences; (

e) the results of a criminal record check conduc ted within the 3 months preceding the application; (

f) a statement of disclosure regarding whether th e person’s employment has ever been terminated for cause related to the practice of pharmacy; (

g) confirmation that to the applicant’s knowle dge the applicant has the capacity, professional competence and character to safely and ethically practise pharmacy; (

h) proof that the applicant has all of the qualif ications required by these regulations for the class of registration sought; (

i) if applicable, a certificate of professional lia bility insurance coverage from the insurer that confirms that the applicant is insured and that the insurance meets the requirements of the Pharmacy Practice Regulations; (

j) any additional information required by the application form or the Registrar; (

k) payment of the applicable fee.

(2) The Registrar may vary or waive any of the requirements of subsection (1) with respect to an applicant for registration in a non-practising class. Letter of standing 5 A letter of standing from a pharmacy regulatory authority in another jurisdiction that is required by clause 4(1)(

b) to be provided as part of an application for licensing must include all of the following: (

a) confirmation that the applicant is or has been registered in that jurisdiction and the current status of the registration; (

b) a statement of the registration class in which th e applicant is or was registered and the details of any limits on the applicant’s right to practise pharmacy in that jurisdiction; 674 © NS Registry of Regulations. Web version.

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c) a complete list of any complaints, discip line matters, discipline proceedings and sanctions against the applicant, including any settlements, warnings and cautions; (

d) a statement as to whether there are any outst anding complaints or other disciplinary matters against the applicant; (

e) a statement as to whether the regulatory aut hority is aware of any reason why the applicant would not be a fit and proper person to practise pharmacy competently, safely and ethically. Statement of disclosure reporting offences 6 An applicant for registration to whom any of the following apply must report the details in the statement of disclosure to the Registrar: (

a) the applicant has pleaded guilty to, been convict ed or found guilty of or, if the charge is still outstanding, been charged with any offence in or out of Canada that is inconsistent with the proper professional behaviour of a registrant, including an offence under any of the following, and a pardon has not been issued: (

i) the Criminal Code (Canada), (ii) the Food and Drug Act (Canada) or its regulations, (iii) the Controlled Drug and Substances Act (Canada) or its regulations; (

b) the applicant has had privileges under the Controlled Drugs and Substances Act (Canada) suspended or withdrawn; (

c) the applicant has been found guilty of a disci plinary offence in another jurisdiction or has entered into a settlement agreement that included recognition of a disciplinary offence; (

d) the applicant has had a licensing sanction imposed by another jurisdiction; (

e) the applicant is in breach of a settlement agreement; (

f) the applicant is in violation of a practi ce limitation imposed under the Act or in another jurisdiction; (

g) the applicant is in violation of a licensing sanction; (

h) the applicant is the subject of an investig ation or disciplinary process in any jurisdiction; (

i) the applicant has settled or lost a civil suit alleging professional negligence.

(2) The Registrar must refer a statement of disclosure received from an applicant to the Registration Advisory Committee for advice as to whether the application should be granted or refused. Qualifications for registration and licensing as pharmacist 7( 1 ) Except as provided in subsections (2) and (3) for applicants who are licensed outside the Province, an applicant must have all of the following qualifications to be eligible for registration and licensing as a pharmacist: (

a) subject to the time limit specified in the Pharmacy Practice Regulations for obtaining a licence after graduation, successful completion of an accredited degree program in pharmacy; © NS Registry of Regulations. Web version. 675

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b) satisfactory language proficiency; (

c) competence in jurisprudence; (

d) successful completion of structured practice experience as a registered student or intern; (

e) successful completion of 560 hours of practice experience as a registered student or intern in addition to the structured practice experience referred to in clause (d), 280 of which must have been completed after graduation; (

f) successful completion of the examinati on to assess required professional competencies; (

g) fitness to practise pharmacy competently, safely a nd ethically, demonstrated to the Registrar’s satisfaction.

(2) Subject to subsection (4), an applicant who is licensed to practise pharmacy in another Canadian jurisdiction and who has attained competence in jurisprudence is eligible for registration and licensing as a pharmacist.

(3) Subject to subsection (4), an applicant who is licensed to practise pharmacy in a jurisdiction outside Canada and who has all of the following qualifications is eligible for registration and licensing as a pharmacist: (

a) all of the qualifications set out in subsection (1), except clause (1)(e); (

b) successful completion of a practice assessment.

(4) An applicant referred to in subsection (2) or (3) who is eligible to be registered and licensed must be registered and licensed in the same or an equivalent class as the class in which the applicant is licensed in the other jurisdiction. Qualifications for registration and licensing as pharmacy technician 8( 1 ) Except as provided in subsections (2), (3) and (4) for applicants to whom those subsections apply, an applicant must have all of the following qualifications to be eligible for registration and licensing as a pharmacy technician: (

a) subject to the time limit specified in the Pharmacy Practice Regulations for obtaining a licence after graduation, successful completion of (

i) an accredited pharmacy technician training program, or (ii) an accredited degree program in pharmacy; (

b) satisfactory language proficiency; (

c) competence in jurisprudence; (

d) a total of 560 hours of structured practice experience; (

e) successful completion of the examinati on to assess required professional competencies; (

f) successful completion of an assessment of the applicant’s basic competencies in a direct patient care practice setting approved by the Council; 676 © NS Registry of Regulations. Web version.

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g) fitness to practise pharmacy competently, safely a nd ethically, demonstrated to the Registrar’s satisfaction.

(2) An applicant who has all of the following qualifications on or before December 31, 2017, is eligible for registration and licensing as a pharmacy technician: (

a) successful completion of a program approved by the Council to educate and train persons to be pharmacy technicians; (

b) at least 2000 hours of work experience in a direct patient care pharmacy practice in Canada in the 3-year period immediately preceding entering the program referred to in clause (a); (

c) all the qualifications set out in clauses (1)(b), (c), (e), (

f) and (g).

(3) Subject to subsection (5), an applicant who is licensed to practise pharmacy as a pharmacist or pharmacy technician in another Canadian jurisdiction and who has attained competence in jurisprudence is eligible for registration and licensing as a pharmacy technician.

(4) Subject to subsection (5), an applicant who is licensed to practise pharmacy as a pharmacist or pharmacy technician in a jurisdiction outside Canada and who has all of the following qualifications is eligible for registration and licensing as a pharmacy technician: (

a) all of the qualifications set out in subsection (1), except that for the purposes of clause (

d) only 280 hours are required; (

b) successful completion of a practice assessment.

(5) An applicant referred to in subsection (3) or (4) who is eligible to be registered and licensing must be registered in the same or an equivalent class as the class in which the applicant is licensed in the other jurisdiction. Qualification for registration as registered student 9 An applicant who provides the Registrar with proof of enrolment in an accredited degree program in pharmacy is eligible for registration as a registered student. Qualifications for registration as intern 10 An applicant must have all of the following qualifications to be eligible for registration as an intern: (

a) graduation from an accredited degree program in pharmacy; (

b) satisfactory language proficiency; (

c) competence in jurisprudence. Practice experience for registration and licensing as pharmacist 11

(1) Except as provided in subsection (2), and subject to subsection (3), only the following practice experience is counted toward the qualification requirements in

Section 7 to be met by an applicant for registration and licensing as a pharmacist: (

a) practice experience that was undertaken by th e applicant as a registered student after the beginning of the applicant’s 2nd year of enrolment in an accredited degree program in pharmacy; © NS Registry of Regulations. Web version. 677

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b) practice experience that was undertak en by the applicant as an intern.

(2) Practice experience in another Canadian jurisdiction and the completion of structured practice experience in another Canadian jurisdiction may be counted toward an applicant’s qualifications, if the Registrar considers it to be equivalent to practice experience in the Province.

(3) The following practice experience must not be counted toward the qualifications required by

Section 7 to be met by an applicant: (

a) practice experience that a preceptor designates as unsatisfactory; (

b) if the applicant was a registered student and that registration was revoked, any practice experience completed by the applicant as a registered student up to the date of the revocation; (

c) if the applicant was an intern and their re gistration as an intern expired, any practice experience completed by the applicant after the expiry date. Practice experience for registration and licensing as pharmacy technician 12

(1) The following practice experience must not be counted toward the qualification requirements in

Section 8 to be met by an applicant for registration as a pharmacy technician: (

a) practice experience completed by the applicant more than 2 years before the date that their application is submitted to the Registrar; (

b) practice experience that a pr eceptor designates as unsatisfactory.

(2) Subject to subsection (1), practice experience in another Canadian jurisdiction and the completion of structured practice experience in another Canadian jurisdiction may be counted toward an applicant’s qualifications, if the Registrar considers it to be equivalent to practice experience in the Province Limits on authority of pharmacy technician 13

(1) For the purpose of

Section 33 of the Act, the practice of a pharmacy technician consists only of the technical aspects of the practice of pharmacy, including all of the following: (

a) preparing and compounding prescriptions; (

b) obtaining, entering and recording prescription information; (

c) receiving, transcribing and recording verbal prescriptions from practitioners; (

d) transferring prescriptions to and receiving prescriptions from other pharmacies, as permitted by law; (

e) providing copies of prescriptions to authorized recipients as required by the Act; (

f) providing technical information when a therapeutic assessment or clinical judgment by the pharmacist is not required.

(2) A pharmacy technician must not counsel a patient, directly or indirectly, about a drug or a medical condition, and a pharmacist may not delegate the responsibility to counsel a patient to a pharmacy technician. 678 © NS Registry of Regulations. Web version.

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(3) A pharmacy technician may assist in gathering information from a patient about a drug or a medical condition if necessary to assess the appropriateness of drug therapy, but the pharmacist remains responsible for obtaining sufficient information to assess the patient and the appropriateness of drug therapy.

(4) A pharmacy technician must recognize when the professional expertise of a pharmacist is required and consult with a pharmacist in that case.

(5) A pharmacy technician may not delegate to another person the authority to carry out an authorized act. Registration as registered student 14

(1) The registration of a registered student continues until the student graduates from an accredited degree program in pharmacy, unless revoked.

(2) A student enrol[l]ed in an accredited degree program in pharmacy may work in a pharmacy only as a registered student.

(3) The Registrar must revoke the registration of a registered student in any of the following circumstances: (

a) the student is expelled from or refused readmission to an accredited degree program in pharmacy; (

b) the student fails to complete an accredited de gree program in pharmacy within 6 years after the student’s initial enrolment in an accredited degree program in pharmacy, unless the Registrar grants an extension under subsection (4).

(4) On application by a registered student, the Registrar may extend the time referred to in clause (3)(

b) within which the registered student must complete the program.

(5) If a registered student’s registration is revoked for any reason, the student must not be re-registered as a registered student until the student applies for reinstatement in accordance with these regulations and the Reinstatement Committee directs the Registrar to reinstate the student’s registration. Registration period for intern 15

(1) Unless the Registrar grants an extension under subsection (2), the registration of an intern continues for a period of no longer than 24 months immediately following the date of their registration as an intern, unless revoked.

(2) On application by an intern, the Registrar may extend the intern’s registration period. Registered student or intern to notify College of practice experience 16

(1) Before beginning practice experience, a registered student or intern must (

a) advise the College of the pharmacy, hospital or other institution approved by the Council in which the practice experience will be undertaken; and (

b) provide the College with a copy of a written agreement signed by the preceptor who has agreed to supervise or direct the practice experience. © NS Registry of Regulations. Web version. 679

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(2) A registered student or intern who is undertaking practice experience and their preceptor must each notify the College immediately in either of the following circumstances: (

a) the location where the practice expe rience is being undertaken is changed; (

b) the preceptor has been replaced. (3) Subsections (1) and (2) do not apply to structured practice experience provided through an accredited degree program in pharmacy. Licence Renewal and Resumption of Practice Application of Sections 18 to 20 17 Sections 18 to 20 apply only to pharmacists, certified dispensers and pharmacy technicians. Annual licence renewal 18

(1) A licence expires December 31 in each year.

(2) To renew a licence, a registrant must provide all of the following to the Registrar: (

a) a completed application form supplied by the Registrar; (

b) confirmation of the class of licence for which renewal is sought; (

c) a statement certifying that the registrant meets all of the requirements for renewal set out in subsection (3); (

d) if applicable, the statement of disclosure required by

Section 6 respecting offences; (

e) payment of the applicable fee.

(3) To be eligible for a licence renewal, a registrant must meet all of the following requirements: (

a) if seeking renewal of a licence to practise direct patient care pharmacy, the registrant must be able to certify to the Registrar that he or she has practised sufficient direct patient care pharmacy in the 2 preceding years to maintain the competence to practise direct patient care pharmacy; (

b) the registrant must have completed the Council’s requirements for continuing competence, including any self-assessment approved by the Council; (

c) the registrant must have met the con tinuing education requirement of

Section 19; (

d) the registrant must continue to be insured as required by the Pharmacy Practice Regulations.

(4) If, in their renewal application, a registrant is unable to certify to the Registrar that the registrant has practised sufficient direct patient care pharmacy in the 2 years preceding the application as required by clause (3)(a), (

a) if a pharmacist, the registrant must choose to be re-licensed in the practising indirect patient care class or the non-practising class; 680 © NS Registry of Regulations. Web version.

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b) if a pharmacy technician, the registrant must choose to be re-licensed in the non-practising class.

(5) If the Registrar is satisfied that a renewal application is complete and the registrant has met all the requirements for renewal, the Registrar must renew the registrant’s licence. Continuing education requirements 19

(1) To qualify for renewal of their licence to practise pharmacy for the following year, each pharmacist, certified dispenser and pharmacy technician must, in the current licence year, complete 15 units of continuing education that meets the requirements of the Pharmacy Practice Regulations.

(2) This

Section does not apply to (

a) a pharmacist during the year of their graduation; (

b) a pharmacy technician in the year of their graduation or the year of completion of a program under clause 8(2)(a); or (

c) a non-practising pharmacist or a non-practising pharmacy technician. Consequences of late renewal 20

(1) A registrant who does not complete the requirements for licence renewal and submit a completed renewal application before November 30 in any year is subject to a late renewal fee, unless the registrant has previously applied to resign from the College.

(2) The licence of a registrant who does not complete the requirements for licence renewal and submit a completed renewal application, including the payment of any late renewal fee, before December 31 in any year is suspended as provided by subsection 20(2) of the Act, unless the registrant has previously applied to resign from the College. Resumption of practice 21

(1) In this Section, “applicant” means a pharmacist or pharmacy technician to whom any of the following apply and who has completed an application in accordance with

Section 4 in order to resume direct patient care: (

a) they are currently non-practising; (

b) they currently do not practise direct patient care pharmacy; (

c) they have resigned from the register; (

d) their licence is suspended.

(2) To be licensed to practise direct patient care, an applicant who has been licensed to practise direct patient care within the 2 years preceding the date of their application must (

a) certify to the Registrar that the applicant has practised sufficient direct patient care in Canada in the 2 previous years to maintain the competence to practise direct patient care; and (

b) have completed the Council’s requirements for continuing competence, including any self- assessment approved by the Council. © NS Registry of Regulations. Web version. 681

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(3) If an applicant is unable to certify to the Registrar under clause (2)(

a) that the applicant has practised sufficient direct patient care in Canada in the 2 preceding years, the applicant must do 1 of the following: (

a) successfully complete 140 hours of practice experience for each year or part of a year since the applicant was last licensed to practise direct patient care; or (

b) successfully complete the structured practice experience approved by the Council for returning to practice.

(4) An applicant who has not been licensed to practise direct patient care within the 2 years preceding the date of their application, but has been so licensed within the preceding 5 years, must meet all of the following requirements before being licensed to practise direct patient care: (

a) satisfaction of the Council’s requirements for continuing competence, including any self- assessment approved by the Council; (

b) attainment of competence in jurisprudence; (

c) successful completion of 140 hours of practice experience for each year or part of a year since the applicant was last licensed, to a maximum of 560 hours.

(5) An applicant who has not been licensed to practise direct patient care within the 5 years preceding the date of their application must meet all of the following requirements before being licensed to practise direct patient care: (

a) satisfaction of the Council’s requirements for continuing competence, including any self- assessment approved by the Council; (

b) attainment of competence in jurisprudence; (

c) successful completion of the structured practice experience approved by the Council for returning to practice; (

d) successful completion of the examinati on to assess required professional competencies.

(6) An applicant who is a pharmacist and to whom subsection (4) or (5) applies must be registered as an intern upon meeting the applicable requirements to be licensed to practise direct patient care.

(7) An applicant may apply to the Council to waive or reduce any requirements of this Section, and the Council, on the favourable recommendation of the Registrar, may waive or reduce the requirement if the Council considers that the applicant, during the 5 years preceding the date of their application, obtained the equivalent to the requirement sought to be waived or reduced.

(8) In addition to the application fee required by clause 4(1)(k), an application under this

Section must be accompanied by payment of the fees for reinstatement and any required examinations. Licence Conditions, Suspensions and Revocations Removing or amending condition imposed by Registrar 22

(1) A registrant whose licence is subject to a condition may apply to the Registrar to have the condition removed or amended. 682 © NS Registry of Regulations. Web version.

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(2) On receipt of an application for removal of a condition, the Registrar must re-issue the registrant’s licence without the condition if the Registrar is satisfied that (

a) any requirement for removal of the condition has been met; and (

b) any time period for which the condition was imposed has expired.

(3) On receipt of an application for removal of a condition to which clauses (2)(

a) and (

b) do not apply or for an amendment of a condition, the Registrar must forward the application to the Reinstatement Committee, and the proceedings set out in these regulations for an application for reinstatement apply with the necessary changes in detail to an application forwarded under this subsection. Effect of licence suspension 23

(1) A registrant whose licence has been suspended must not practise pharmacy until the Registrar has restored the licence under

Section 62 of the Act.

(2) A registrant whose licence has been suspended must comply with any applicable requirements of

Section 21 respecting resumption of practice.

(3) The licence of a certified dispenser that has been suspended must not be reinstated. Licence revoked when registration revoked 24 A registrant’s licence is revoked when the registrant’s registration is revoked. Pharmacy Accreditation and Licensing Owner may appoint representative 25

(1) In Sections 26 and 27, “owner’s representative”, in relation to a pharmacy owner, means a person appointed by the pharmacy owner under this Section.

(2) A pharmacy owner may appoint a person as the owner’s representative with authority to bind the owner in undertakings provided to the College with respect to the pharmacy, including the certification of compliance required by clause 23(1)(

a) of the Act before a licence is issued.

(3) If a pharmacy owner appoints a representative, any notice from the College to the owner must be sent to the representative. Accreditation and licensing of new or newly acquired pharmacy 26

(1) In this Section, “accreditation” means the pharmacy accreditation granted by the Registrar under

Section 25 of the Act.

(2) A person who proposes to open a new pharmacy or who proposes to acquire an existing pharmacy must apply for accreditation and a pharmacy licence at least 30 days before the proposed opening date of the new or newly acquired pharmacy.

(3) In exceptional circumstances the Registrar may authorize a shorter notice period than the 30 days required by subsection (2).

(4) In addition to compliance with subsection 23(1) of the Act, all of the following are required in an application for accreditation and a pharmacy licence: (

a) a completed application on a form supplied by the Registrar; © NS Registry of Regulations. Web version. 683

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b) a diagram of the pharmacy; (

c) the name of the owner of the pharmacy and, if applicable, the name and address of the owner’s representative; (

d) the name of the proposed pharmacy manager; (

e) the name of any alternate pharmacy manager designated under subsection 26(4) of the Act and that person’s consent; (

f) the name of each registrant employed by the pharmacy.

(5) The College must conduct an inspection of a pharmacy for which an application for accreditation has been received, to confirm that the pharmacy complies with the requirements of the Act and the regulations. Renewing pharmacy licence 27

(1) A pharmacy licence expires on December 31 in each year.

(2) In addition to compliance with subsection 23(1) of the Act as required for renewal by subsection 23(3) of the Act, all of the following are required in an application for renewal of a pharmacy licence: (

a) a completed application on a form supplied by the Registrar; (

b) the name of the pharmacy manager; (

c) the name of the alternate pharmacy manager, if any, designated under subsection 26(4) of the Act and that person’s consent; (

d) the name of each registrant employed by the pharmacy; (

e) the name of the owner of the pharmacy and, if applicable, the name and address of the owner’s representative.

(3) On being satisfied that a pharmacy for which a licence renewal application has been submitted complies with the Act and the regulations, the Registrar must renew the licence in the name of the pharmacy manager.

(4) A pharmacy for which the requirements for licence renewal are not completed by November 30 in any year is subject to a late renewal fee.

(5) The licence of a pharmacy for which the requirements for licence renewal are not completed by December 31 in any year is suspended. Notifying College of change of status of pharmacy manager 28 The owner of pharmacy and the pharmacy manager must each advise the College if the pharmacy manager ceases to be qualified as a pharmacy manager or ceases to be the pharmacy manager. Applying for new pharmacy licence on replacement of pharmacy manager 29

(1) In this Section, “new pharmacy licence” means a pharmacy licence issued under subsection 26(3) of the Act in the name of the new pharmacy manager when a pharmacy manager is replaced. 684 © NS Registry of Regulations. Web version.

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(2) If the manager of a pharmacy is replaced, the owner of the pharmacy must advise the College and apply for a new pharmacy licence.

(3) An application for a new pharmacy licence must (

a) be made on a form supplied by the Registrar; (

b) state the name and qualifications of the new pharmacy manager and any additional details required by the application form; and (

c) be accompanied by the applicable fee.

(4) A new pharmacy licence must come into effect on the date the new pharmacy manager accepts responsibility for the pharmacy. Procedure when no replacement pharmacy manager 30

(1) If a pharmacy manager ceases to be the pharmacy manager and there is no replacement pharmacy manager, the owner of the pharmacy must do 1 of the following: (

a) if an alternate pharmacy manager has been designated under subsection 26(4) of the Act and that person’s consent has not been withdrawn, notify the College on the form supplied by the Registrar that the alternate pharmacy manager is now the interim pharmacy manager; (

b) name an emergency pharmacy manage r in accordance with subsection (3); (

c) close the pharmacy.

(2) Except as provided in subsection (6), an interim pharmacy licence is deemed to be issued for a pharmacy for a period of 30 days from the date that a notice under clause (1)(

a) is received by the College with respect to the pharmacy.

(3) If a pharmacy manager ceases to be the pharmacy manager of a pharmacy and no interim pharmacy licence is issued under subsection (2), the owner of the pharmacy may name an emergency pharmacy manager by providing the College with the name of a direct patient care pharmacist who consents to be the emergency pharmacy manager and with the consent of that pharmacist.

(4) Except as provided in subsection (7), a 72-hour pharmacy licence is deemed to be issued in the name of an emergency pharmacy manager for a period of 72 hours from the time that notification under subsection (3) is received by the College with respect to the pharmacy.

(5) A pharmacy owner may appoint an emergency pharmacy manager, with that pharmacy manager’s consent, as the interim pharmacy manager, and on acceptance of the appointment by the College an interim pharmacy licence is deemed to be issued for the pharmacy for a period of 30 days from the date the pharmacy is notified of the acceptance.

(6) An interim pharmacy licence is not deemed to be issued if another interim pharmacy licence has been deemed to be issued with respect to the same pharmacy within in the preceding 60 days.

(7) A 72-hour pharmacy licence is not deemed to be issued if another 72-hour pharmacy licence has been deemed to be issued with respect to the same pharmacy within the preceding 7 days. © NS Registry of Regulations. Web version. 685

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(1) A person may submit a request to the Council for permission to submit an application for accreditation of a limited-service pharmacy.

(2) A request under subsection (1) must include all of the following information: (

a) a description of the specific clientele that would be served by the limited-service pharmacy; (

b) a list of any variations from the pharmacy standa rds that would be sought in the application for accreditation; (

c) a description of how the public interest would be served by accrediting the limited-service pharmacy.

(3) The Council may permit a person to submit an application for accreditation of a limited-service pharmacy if the Council is reasonably satisfied that its accreditation would be in the interest of the public health.

(4) An application for accreditation of a limited-service pharmacy must, in addition to complying with the application requirements of the Act and

Section 26, include all of the following: (

a) specific details of each variation from the pharmacy standards that is being sought; and (

b) a statement by the pharmacy manager certifying that allowing the variation will not prevent the pharmacy from being fully able to provide safe and effective pharmacy services to its clientele.

(5) In accrediting a limited-service pharmacy, the Council may do either or both of the following: (

a) allow a variation from any pharmacy standard as it applies to the limited-service pharmacy; (

b) impose standards on the limited-service pharm acy in addition to the pharmacy standards.

(6) Only those variations from pharmacy standards that are allowed by the Council under subsection (5) are permitted for a limited-service pharmacy.

(7) The accreditation granted to a limited-service pharmacy must specify (

a) the clientele it is permitted to serve; and (

b) each variation from the pharmacy standards that the Council has allowed for it and, if applicable, each additional standard imposed on it by the Council.

(8) The pharmacy licence issued for a limited-service pharmacy must specify the clientele that the limited-service pharmacy is permitted to serve. Limited-service pharmacy conditions 32

(1) A limited-service pharmacy must serve only those patients who are included in the clientele specified in its accreditation and licence. 686 © NS Registry of Regulations. Web version.

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(2) The public must be notified that a pharmacy is a limited-service pharmacy, and of the limited services that the pharmacy provides, by signage and other appropriate means that specifically state “pharmacy services limited to (specific clientele shown on licence)”.

(3) A limited-service pharmacy must not be described using a term such as “specialized” or “boutique”, or any other term that implies greater competence than that of a pharmacy that serves the general public. Renewing limited-service pharmacy licence 33 An application to renew a limited-service pharmacy licence, in addition to complying with the renewal requirements of the Act and

Section 27, must include a statement by the pharmacy manager certifying that the pharmacy continues to be fully able to provide safe and effective pharmacy services to its clientele and, subject to any variation allowed by the Council, continues to meet the pharmacy standards. Communication between limited-service pharmacy and primary pharmacy 34

(1) The manager of a limited-service pharmacy must ensure that a registrant in a patient’s primary pharmacy, if known, is informed of any prescription that is dispensed to the patient from the limited- service pharmacy.

(2) The manager of a patient’s primary pharmacy must, at the request of a registrant in a limited-service pharmacy that also serves the patient, ensure that a registrant in the limited-service pharmacy is informed of any prescription that is dispensed to the patient from the primary pharmacy.

(3) The disclosure of any information under this

Section must be consistent with applicable privacy legislation and the information disclosed must be used only to optimize patient care. Patient Records Storage and access 35

(1) Patient records must be stored in accordance with the following requirements: (

a) they must be stored in a manner that preserves patient confidentiality but also facilitates ease of use, sharing and retrieval by authorized persons; (

b) they must be readily available for patient care; (

c) they must be stored securely to ensure th at only persons authorized by the Act and the regulations have access to the records and that the records are protected from theft, damage or unauthorized access, use or disclosure; (

d) they must be stored in Canada.

(2) When requested by a patient, a registrant must transfer a copy of the patient’s record to another pharmacy.

(3) A specific patient record must be producible (

a) if the record is less than 3 years old, w ithin 30 minutes from when a request is made, and (

b) if the record is 3 years old or older, within 48 hours from when a request is made. © NS Registry of Regulations. Web version. 687

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(1) In this Section, “Drug Information System” means the Drug Information System as defined in the Drug Information System Prescription Monitoring Regulations made under the Prescription Monitoring Act.

(2) Each time a pharmacist, certified dispenser or pharmacy technician dispenses a drug to a patient, the pharmacist, certified dispenser or pharmacy technician must update the Drug Information System. Retaining patient records 37

(1) A patient record must be retained for at least 10 years after the date of the last pharmacy service provided to the patient or 10 years after the date the patient attains the age of majority, whichever is longer.

(2) If a patient record that is more than 3 years old is converted from paper form to electronic form, the paper original may be disposed of in accordance with

Section 38.

(3) All patient records in electronic form must be backed up at least once a day and the backup preserved in a secure location, outside the pharmacy, where all of the following are ensured: (

a) patient confidentiality is protected; (

b) the records may be easily produced when required; (

c) the records are secure from damage; (

d) the records are protected from theft or unauthorized access, use or disclosure. Disposing of records 38

(1) A pharmacy manager must dispose of a patient record in a manner that preserves patient confidentiality and prevents theft or unauthorized access, use or disclosure.

(2) After a pharmacy manager receives notice that a complaint has been made respecting a registrant employed by the pharmacy, the pharmacy manager must not dispose of any patient records without the prior written permission of the Registrar.

(3) The manager of a pharmacy that is the subject of an inspection or investigation under the Act must not dispose of any patient records until the inspection or investigation is completed. Patient records in collaborative or other practice 39 A pharmacist or pharmacy technician who provides professional services in an environment with other regulated health professionals who share a medical or patient record must (

a) know who is responsible for and w ho has access to the patient record; and (

b) collaborate with the other health professionals to create, maintain, store, protect, retain, disclose and destroy patient records according to the Act and the regulations. Custodian of patient records 40 A custodian appointed under subsection 63(1) of the Act must transfer all the patient records in their custody to another pharmacy or keep and protect the records as otherwise directed by the Council. 688 © NS Registry of Regulations. Web version.

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(1) Pharmacies may collaborate with one another in a dispensing process authorized by the standards, but otherwise all steps in the dispensing process must occur within the pharmacy from which a prescription is released.

(2) If pharmacies collaborate in a dispensing process, the pharmacy from which the prescription is released is the custodian of the patient record. Conditional Authority Conditional authority agreement 42

(1) In this Section, “conditional authority” means the authority for a pharmacist to lawfully carry out health-care-related activities, services or functions under the conditions set out in a written agreement between the College and the regulatory authority of another health profession.

(2) The College may enter into a written agreement with the regulatory authority of another health profession that authorizes a pharmacist to carry out health-care-related services, activities or functions provided by the other health profession and that has the underlying objectives of improving access to health care by the public and achieving the best health care results for the public.

(3) An agreement entered into under this

Section must comply with all of the following: (

a) it must prescribe the conditions under which the conditional authority may be exercised, including any education or certification that is advisable or required for a pharmacist before the pharmacist can perform any activities, services or functions under the conditional authority; (

b) it must confirm the professional responsibility and accountability of a pharmacist who performs any activities, services or functions under the conditional authority; (

c) it must be filed with the Minister. Activity, service or function under conditional authority 43 A pharmacist who carries out an activity, service or function under a conditional authority is (

a) deemed to be practising pharmacy in accord ance with the Act and the regulations; and (

b) deemed not to be in violation of any enactment relating to the other health profession to which the conditional authority relates. Appointment of Public Representative Public advertisement 44 When directed by Council, the Registrar must publicly advertise to invite expressions of interest in serving as a public representative on the Council or on a committee. Appointment process 45

(1) On or before November 30 in every year and beginning in 2013, the Registrar must present to the Council the name of each person who has expressed an interest in serving and has agreed to serve as a public representative on the Council or a committee, together with any information provided by the person. © NS Registry of Regulations. Web version. 689

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(2) From the information provided under subsection (1), the Council must appoint as public representatives persons who, in the opinion of the Council, would effectively represent the public interest and contribute to the attainment of the purposes of the College.

(3) A public representative may be re-appointed.

(4) If the position of a public representative becomes vacant, the Council may fill the vacancy from among those who have previously indicated an interest in serving and have agreed to serve. Statutory Committees Composition and Conduct of Business Term of office for member of statutory committee 46 A member of a statutory committee holds office until they resign or are replaced by the Council. Registration Appeals Committee 47

(1) The Council must appoint a Registration Appeals Committee to hear and determine appeals under

Section 17 of the Act.

(2) The Registration Appeals Committee must be composed of at least 3 persons, 1 of whom is a public representative.

(3) The Registration Appeals Committee may have the same membership as the Reinstatement Committee.

(4) A member of the Registration Advisory Committee must not be a member of the Registration Appeals Committee.

(5) The Council must appoint a chair and may appoint a vice-chair of the Registration Appeals Committee.

(6) The vice-chair must act as chair in the absence of the chair.

(7) If neither the chair nor the vice-chair is available, the Registrar must name a member of the Registration Appeals Committee to act as the chair.

(8) A quorum of the Registration Appeals Committee is a majority of its members. Investigation Committee 48

(1) The Investigation Committee consists of the registrants and public representatives appointed by the Council under

Section 48 of the Act.

(2) A member of the Investigation Committee does not have to be a councillor.

(3) The Council must appoint a chair and may appoint a vice-chair of the Investigation Committee.

(4) The vice-chair must act as chair in the absence of the chair.

(5) If neither the chair nor the vice-chair is available, the Registrar must name a member of the Investigation Committee to act as chair. 690 © NS Registry of Regulations. Web version.

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(6) The chair of the Investigation Committee may appoint a panel of at least 3 persons from the Committee, 1 of whom must be a public representative and 2 of whom must be licensed pharmacists, to deal with any specific matter referred to the Committee.

(7) A panel appointed under subsection (6) has all of the powers and duties of the Investigation Committee, and is the Investigation Committee with respect to any matter that has been assigned to it.

(8) The chair of the Investigation Committee must name the chair of each panel appointed.

(9) The chair of the Investigation Committee may name another member of the Investigation Committee to fill any vacancy that occurs in a panel.

(10) A panel of the Investigation Committee hearing a matter involving a pharmacy technician must include at least 1 pharmacy technician.

(11) A quorum of the Investigation Committee or a panel of the Investigation Committee is a majority of its members.

(12) Failure of 1 or more Investigation Committee members to receive notice of any meeting does not invalidate the proceedings at the meeting.

(13) Members of the Investigation Committee may waive notice of meetings.

(14) Each Investigation Committee decision requires a majority vote of the members present. Fitness to Practise Committee 49

(1) The Fitness to Practise Committee consists of the registrants and public representatives appointed by the Council under

Section 52 of the Act.

(2) A member of the Fitness to Practise Committee does not have to be a councillor.

(3) The Council must appoint a chair and a vice-chair of the Fitness to Practise Committee.

(4) The vice-chair of the Fitness to Practise Committee must act as chair in the absence of the chair.

(5) If neither the chair nor the vice-chair is available, the Registrar must name a member of the Fitness to Practise Committee to act as the chair.

(6) The chair of the Fitness to Practise Committee may appoint a panel of at least 3 persons from the Committee, 1 of whom must be a public representative and 2 of whom must be licensed pharmacists, to deal with any specific matter referred to the Committee.

(7) A panel appointed under subsection (6) has all of the powers and duties of the Fitness to Practise Committee, and is the Fitness to Practise Committee with respect to any matter that has been assigned to it.

(8) The chair of the Fitness to Practise Committee must name the chair of each panel appointed.

(9) The chair of the Fitness to Practise Committee may name another member of the Fitness to Practise Committee to fill any vacancy that occurs in a panel. © NS Registry of Regulations. Web version. 691

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(10) A panel hearing a matter involving a pharmacy technician must include at least 1 pharmacy technician.

(11) A quorum of the Fitness to Practise Committee or a panel of the Fitness to Practise Committee is a majority of its members.

(12) Failure of 1 or more Fitness to Practise Committee members to receive notice of any meeting does not invalidate the proceedings at the meeting.

(13) Members of the Fitness to Practise Committee may waive notice of meetings.

(14) Each Fitness to Practise Committee decision requires a majority vote of the members present. Hearing Committee 50

(1) The Hearing Committee consists of the registrants and public representatives appointed by the Council under

Section 53 of the Act.

(2) A member of the Hearing Committee does not have to be a councillor.

(3) The Council must appoint a chair and a vice-chair of the Hearing Committee.

(4) The vice-chair must act as chair in the absence of the chair.

(5) If neither the chair nor the vice-chair is available, the Registrar must name a member of the Hearing Committee to act as the chair.

(6) The chair of the Hearing Committee must appoint a panel of at least 3 persons from the Committee, 1 of whom must be a public representative and 2 of whom must be licensed pharmacists, to deal with each specific matter referred to the Hearing Committee.

(7) A panel appointed under subsection (6) has all of the powers and duties of the Hearing Committee, and is the Hearing Committee with respect to any matter that has been assigned to it.

(8) The chair of the Hearing Committee must name the chair of each panel appointed.

(9) The chair of the Hearing Committee may name another member of the Hearing Committee to fill any vacancy that occurs in a panel before a hearing begins.

(10) A panel hearing a matter involving a pharmacy technician must include at least 1 pharmacy technician.

(11) A quorum of the Hearing Committee or a panel of the Hearing Committee is a majority of its members.

(12) Failure of 1 or more Hearing Committee members to receive notice of any meeting does not invalidate the proceedings at the meeting.

(13) Members of the Hearing Committee may waive notice of meetings.

(14) Each Hearing Committee decision requires a majority vote of the members of the panel that heard the matter. 692 © NS Registry of Regulations. Web version.

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(15) If a proceeding is begun and the term of office of any person sitting on the panel expires, that person remains part of the panel for the purpose of that proceeding until the proceeding is concluded. Reinstatement Committee 51

(1) The Reinstatement Committee consists of the registrants and public representatives appointed by the Council under

Section 59 of the Act.

(2) A member of the Reinstatement Committee does not have to be a councillor.

(3) The Council must appoint a chair and may appoint a vice-chair of the Reinstatement Committee.

(4) The vice-chair must act as chair in the absence of the chair.

(5) If neither the chair nor the vice-chair is available, the Registrar must name a member of the Reinstatement Committee to act as the chair.

(6) A quorum of the Reinstatement Committee is a majority of its members.

(7) The Reinstatement Committee may have the same membership as the Registration Appeals Committee. Appeals to Registration Appeals Committee Deadline for filing appeal to Registration Appeals Committee 52 Notice of an appeal to the Registration Appeals Committee under

Section 17 of the Act for an individual or under subsection 23(2) of the Act for a pharmacy must be filed in writing with the Registrar within 30 days after service of the Registrar’s decision that is being appealed. Registration appeal procedure 53

(1) On receipt of notice of an appeal, the Registration Appeals Committee must (

a) set a date for the hearing of the appeal; and (

b) serve written notice of the date, time, and pl ace of the hearing of the appeal on the appellant and the Registrar.

(2) The date set for the hearing of an appeal must be no later than 90 days following receipt of written notice of the appeal.

(3) The parties to an appeal before the Registration Appeals Committee are the College and the appellant.

(4) An appeal to the Registration Appeals Committee is limited to the matters set out in the notice of appeal filed with the Registrar.

(5) An appellant may be heard in person, by counsel, or both.

(6) The procedure of the Registration Appeals Committee must be consistent with the requirements of the Fair Registration Practices Act. © NS Registry of Regulations. Web version. 693

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(1) The Registration Appeals Committee may make any determination that could have been made by the Registrar, and may (

a) direct the Registrar to register an appellant, with or without conditions; (

b) direct the Registrar to issue a licence to the appellant, with or without conditions; or (

c) dismiss the appeal.

(2) The Registration Appeals Committee must give its decision in writing and send a copy of the written decision by registered mail or personal service to the Registrar and to the appellant.

(3) The decision of the Registration Appeals Committee is final. Professional Accountability Registrar’s action in lieu of initiating complaint 55

(1) In lieu of initiating a complaint, the Registrar may refer a matter involving the capacity of a registrant directly to the Fitness to Practise Committee if all of the following apply: (

a) there are concerns about a registrant’s capacity; (

b) it is in the public interest to do so; (

c) information received by the Registrar about the registrant does not allege facts that, if proven, (

i) would reasonably be regarded as pr ofessional misconduct, conduct unbecoming, or professional incompetence, or (iii)* would reasonably merit a counsel or a caution; (e)* the registrant consents. [*clause and subclause lettering as in original]

(2) Sections 65 to 67, respecting the powers and duties of the Fitness to Practise Committee, apply to a matter referred to the Fitness to Practise Committee under subsection (1). Filing complaint with College 56 A complaint initiated by a person other than the Registrar must be filed with the College. Registrar’s actions on receiving complaint 57 On receipt of a complaint, the Registrar must do one of the following: (

a) dismiss the complaint if the Registrar determines that any of the following apply: (

i) it is outside the jurisdiction of the College, (ii) it cannot be substantiated, (iii) it is frivolous or vexatious, (iv) it constitutes an abuse of process, 694 © NS Registry of Regulations. Web version.

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v) it does not allege facts that, if proven, would reasonably be regarded as professional misconduct, conduct unbecoming, professional incompetence or incapacity, or (vi) it does not allege facts that, if proven, would reasonably merit a counsel or a caution; (

b) refer the complaint to the Fitness to Pr actise Committee if all of the following occur [apply]: (

i) it raises concerns about a registrant’s capacity, (ii) it is in the public interest to do so, (iii) it does not allege facts that, if proven, would reasonably be regarded as professional misconduct, conduct unbecoming, or professional incompetence, (iv) it does not allege facts that, if proven, would reasonably merit a counsel or a caution, (

v) the registrant consents; (

c) refer the complaint to the Investigation Committee; or (

d) if clause (

b) does not apply, conduct an inves tigation before deciding whether to dismiss the complaint or refer it to the Investigation Committee. Registrar must provide notice of complaint 58

(1) The Registrar must provide a copy of a complaint to each of the following: (

a) the registrant complained of; (

b) if the complaint concerns a pharmacy, the pharmacy manager and pharmacy owner; (

c) if the complaint concerns a pharmacy manage r, the pharmacy manager and the owner of the pharmacy where the registrant was employed as the pharmacy manager at the date of the incident that gave rise to the complaint; (

d) if the complaint concerns a registrant, the manager and owner of each pharmacy that, according to the records of the College as provided by registrants, pharmacy managers and pharmacy owners, employed the registrant at the date of the incident that gave rise to the complaint.

(2) The Registrar must notify the complainant, the respondent and any person notified of the complaint under subsection (1) of the disposition of the complaint under

Section 57. Review of complaint dismissal 59

(1) A person who filed a complaint and is notified of the dismissal of the complaint under subsection 58(2) may, no later than 30 days after the date of the notification, submit a written request to the Registrar for a review of the dismissal.

(2) The Registrar must send a request for review of a dismissal of a complaint to the Investigation Committee and must notify the respondent of the request for review.

(3) On reviewing the dismissal of a complaint, the Investigation Committee may confirm the dismissal with respect to a part or all of the complaint. © NS Registry of Regulations. Web version. 695

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(4) If the Investigation Committee confirms a dismissal of a complaint with respect to only a part of the complaint, the Investigation Committee must continue to process as a complaint that part of the complaint that is not being dismissed. Complaint referred to Investigation Committee 60 At any time during an investigation of a complaint, the Registrar may refer the complaint to the Investigation Committee for the Committee to (

a) provide direction with rega rd to the investigation; or (

b) exercise any of the powers conferre d upon it by the Act and the regulations. Investigation Committee duties 61 In addition to complying with the requirements set out in the Act, the Investigation Committee must do all of the following: (

a) investigate anything referred to the Committee by the Registrar; (

b) review any request for a review of the dismissal of a complaint; (

c) perform any other duties assigned to it by the Council. Disposition of complaint by Investigation Committee 62

(1) In addition to the reasons set out in clause 50(4)(

a) of the Act for dismissal of a complaint, the Investigation Committee must dismiss a complaint if it determines that any of the following apply to the complaint: (

a) it is outside the jurisdiction of the College; (

b) it cannot be substantiated; (

c) it is frivolous or vexatious; (

d) it constitutes an abuse of process; (

e) it does not allege facts that, if proven, would reasonably merit a counsel or a caution.

(2) If a complaint concerns a matter that the Investigation Committee refers to the Fitness to Practise Committee under subsection 52(2) of the Act and the matter is then referred back to the Investigation Committee, the Investigation Committee must (

a) determine whether the matter referred to the Fitness to Practise Committee has been resolved; and (

b) continue to process as a complaint any part of the complaint that is still outstanding.

(3) The Investigation Committee may make any combination of the dispositions that are permitted by subsection 50(4) of the Act.

(4) A decision by the Investigation Committee is final.

(5) The Investigation Committee must notify a complainant of the disposition of their complaint. 696 © NS Registry of Regulations. Web version.

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(1) The Investigation Committee retains jurisdiction over a complaint referred to it (

a) until the Investigation Committee has disposed of the complaint; or (

b) in the case of a complaint that is referred to the Hearing Committee by the Investigation Committee, until the hearing of the complaint has begun.

(2) In the case of a matter that arises from a complaint and is referred to the Fitness to Practise Committee by the Investigation Committee, the Investigation Committee retains jurisdiction over the matter until the Investigation Committee has determined that the Fitness to Practise Committee has completed its involvement in the matter and either (

a) the Investigation Committee has disposed of the complaint; or (

b) the Investigation Committee has referred th e complaint to the Hearing Committee and the hearing of the complaint has begun. Referral to Fitness to Practise Committee 64 If a matter referred to the Fitness to Practise Committee concerns a registrant who was previously before the Fitness to Practise Committee, the Committee must be provided with all information in the possession of the College related to the previous matter. Interim agreement 65

(1) On receipt of a referral of a matter, the Fitness to Practise Committee may enter into an interim agreement with the registrant who is the subject of the referral, respecting conditions or restrictions on the registrant’s practice or undertakings with regard to the registrant’s practice.

(2) An interim agreement is in effect pending the conclusion of an investigation or hearing with respect to the registrant or until the registrant enters into a remedial agreement.

(3) An interim agreement may include any of the following: (

a) the registrant’s agreement to submit, at the registrant’s expense, to any assessment for incapacity that the Fitness to Practise Committee considers appropriate; (

b) the registrant’s agreement to reimburse th e College for any assessment for incapacity expenses incurred by the College; (

c) the registrant’s undertaking to complete, at th e registrant’s expense, any applicable course of treatment that is designed to address any issues respecting the registrant’s capacity; (

d) the registrant’s authorization for the Fitn ess to Practise Committee to receive reports on the assessments for incapacity or treatments referred to in clauses (a), (

b) and (

c) and to request reports from practitioners who treat the registrant; (

e) the registrant’s agreement to accept restric tions or conditions on the registrant’s practice; (

f) the registrant’s agreement to withdraw fro m practice until the terms and conditions in the agreement are satisfied; (

g) any provisions to which the registrant and the Fitness to Practise Committee agree. © NS Registry of Regulations. Web version. 697

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(4) If a registrant who enters into an interim agreement undertakes not to practise until the terms and conditions of the interim agreement have been satisfied, the Registrar (

a) must transfer the registrant to the non-practisi ng register and notify the registrant’s employers as identified in the records of the College; and (

b) may notify the licensing authority in any other jurisdiction in which the registrant is licensed, as shown in the records of the College. Remedial agreement 66

(1) The Fitness to Practise Committee may enter into a remedial agreement with a registrant, if the Fitness to Practise Committee is satisfied of all of the following: (

a) the registrant is incapacitated; (

b) it is in the public interest to do so; (

c) the agreement contains terms and conditions th at can be reasonably expected to protect the public and avoid endangering the health or safety of patients.

(2) A remedial agreement may contain any of the following: (

a) the registrant’s agreement to submit, at the registrant’s expense, to any assessment for incapacity that the Fitness to Practise Committee considers appropriate; (

b) the registrant’s agreement to reimburse th e College for any assessment for incapacity expenses incurred by the College; (

c) the registrant’s undertaking to complete, at th e registrant’s expense, any applicable course of treatment designed to address any issues respecting the registrant’s incapacity; (

d) the registrant’s authorization for the Fitn ess to Practise Committee to receive any reports, assessments or evaluations that have been completed, are being undertaken or are undertaken in the future, whether at the request of the Fitness to Practise Committee or not, to the extent that they might reasonably be considered to relate to the registrant’s incapacity; (

e) the registrant’s consent for the Fitness to Practise Committee to communicate directly with practitioners who treat the registrant; (

f) restrictions on the registrant’s licence, or the registrant’s undertaking to refrain from practising; (

g) terms and conditions that the registrant must satisfy before returning to practice; (

h) terms, conditions or restrictions on the regist rant’s licence that will apply after the registrant returns to practice; (

i) any provisions to which the registrant and the Fitness to Practise Committee agree.

(3) Any terms, conditions or restrictions placed on a registrant’s licence under a remedial agreement must be noted on the registrant’s licence and in the College’s records, and the Registrar must notify the registrant’s employers as identified in the records of the College. 698 © NS Registry of Regulations. Web version.

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(4) If a registrant who enters into a remedial agreement undertakes not to practise until certain conditions of the remedial agreement have been satisfied, the Registrar (

a) must transfer the registrant to the non-practisi ng register and notify the registrant’s employers, as identified in the records of the College; and (

b) may notify the licensing authority in any other jurisdiction in which the registrant is licensed, as shown in the records of the College. Referrals from the Fitness to Practise Committee 67

(1) The Fitness to Practise Committee must refer a matter respecting a registrant back to the Registrar or back to the Investigation Committee if any of the following occur: (

a) the registrant fails to submit to any exam ination that the Committee directs to determine whether or not the registrant is incapacitated; (

b) the registrant withdraws consent to pa rticipate in the fitness to practise process; (

c) at any time, the Fitness to Practise Committ ee considers that it is no longer in the public interest for the registrant to participate in the fitness to practise process; (

d) the registrant and the Fitness to Practise Committee do not agree to the terms and conditions of an interim agreement or a remedial agreement; (

e) the Fitness to Practise Committee requests an am endment to an interim or remedial agreement and the registrant does not accept the amendment; (

f) the Fitness to Practise Committee determines that a registrant subject to an interim or remedial agreement (

i) fails to meet the terms and conditions of the interim or remedial agreement, or (ii) poses an immediate threat to the health or safety of others; (

g) the Fitness to Practise Committee is not satis fied that the registrant is incapacitated.

(2) The Fitness to Practise Committee must refer any referral by the Registrar under

Section 55 back to the Registrar if the Fitness to Practise Committee believes that facts exist that, if proven, would constitute a complaint.

(3) Once a registrant has fulfilled the terms and conditions of a remedial agreement, the Fitness to Practise Committee must refer the agreement back to the Registrar or back to the Investigation Committee, as the case may be, for final disposition.

(4) When a matter is referred by the Fitness to Practise Committee back to the Registrar or back to the Investigation Committee, the complete file, including any reports, assessments or evaluations in the possession of or obtained by the Fitness to Practise Committee, must accompany the referral. Preparing and tendering settlement proposal 68

(1) A settlement proposal entered into by the College and a respondent under

Section 55 of the Act must be in writing and must be jointly submitted to the Investigation Committee by the College and the respondent at any time after the Investigation Committee submits the matter to the Hearing Committee but before the hearing begins. © NS Registry of Regulations. Web version. 699

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(2) A settlement proposal must include all of the following: (

a) an admission by the respondent to 1 or more of the allegations set out in the notice of hearing; (

b) sufficient facts to provide context for the admission of the respondent and the proposed disposition; (

c) the respondent’s consent to a specified disposition, conditional on the acceptance of the settlement proposal by the Investigation Committee and the Hearing Committee.

(3) A settlement proposal may include any disposition that could be ordered by the Hearing Committee under the Act or these regulations. Investigation Committee authority respecting settlement proposal 69

(1) The Investigation Committee may recommend acceptance of a settlement proposal to the Hearing Committee if it is satisfied that it is in the public interest to do so.

(2) If the Investigation Committee does not recommend acceptance of a settlement proposal, the Investigation Committee must do 1 of the following: (

a) recommend changes to the settlement proposal that would make the settlement proposal acceptable to the Investigation Committee; (

b) reject the settlement proposal.

(3) If any changes recommended by the Investigation Committee are rejected by either party or the Investigation Committee rejects the settlement proposal, the hearing before the Hearing Committee must proceed without reference to the settlement proposal or to any admission contained in the settlement proposal, except to the extent that the settlement proposal may affect liability for costs. Hearing Committee authority respecting settlement proposal 70

(1) If a panel of the Hearing Committee rejects a settlement proposal, the panel must advise the Registrar and refer the matter to another panel of the Hearing Committee for a hearing.

(2) The Hearing Committee may approve a settlement proposal subject to changes in the settlement proposal, but only if the changes are agreed to by the parties and by the Investigation Committee.

(3) If the Hearing Committee requests changes in the settlement proposal that are not agreed to by the parties and the Investigation Committee, the proposal is deemed to be rejected by the Hearing Committee.

(4) A person who sits on a panel of the Hearing Committee that rejects a settlement proposal must not sit on a panel of the Hearing Committee that conducts a hearing related to the same complaint.

(5) If the Hearing Committee rejects a settlement proposal, a hearing must proceed without reference to the settlement proposal or to any admission contained in the settlement proposal, except to the extent that the settlement proposal may affect liability for costs. Registrar’s review of approved settlement proposal 71

(1) The Registrar must review a settlement proposal approved by the Hearing Committee and, if in the Registrar’s opinion it is appropriate to do so, remove any references that identify patients or persons other than the respondent, and other personal information about those persons. 700 © NS Registry of Regulations. Web version.

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(2) The College must make the outcome of a settlement proposal publicly available, but only after any identifying reference and personal information is removed in accordance with subsection (1). Notice of hearing 72

(1) A notice of hearing must state the time, date and place of the hearing and the details of the allegations of professional misconduct, conduct unbecoming, professional incompetence, incapacity or offences against the Act and the regulations that the respondent will be required to answer.

(2) The public must have at least 7 days’ notice of a hearing, including the time and place of the hearing, the name of the respondent and the charges, but the notice must not include any information about any person other than the respondent. Attendance at a hearing 73

(1) Except as provided in subsection (2) or (3), a hearing is open to the public.

(2) At the request of a party, the Hearing Committee may order that the public, in whole or in part, be excluded from a hearing or any part of a hearing if the Hearing Committee is satisfied that (

a) any personal, medical, financial or other matte rs that may be disclosed at the hearing are of such a nature that protecting the privacy of those matters outweighs the principle that hearings should be open to the public; or (

b) the safety of any person may be je opardized by permitting public attendance.

(3) The Hearing Committee may order that the public be excluded from a part of a hearing that deals with a request for an order to exclude the public in whole or in part.

(4) The Hearing Committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a hearing or in any part of a hearing dealing with an order under subsections (2) or (3).

(5) The Hearing Committee must give reasons for any order made under this Section. Hearing procedures 74

(1) The Hearing Committee may adopt any rules of procedure for hearings in addition to the rules set out in the Act and these regulations.

(2) A witness at a hearing must testify under oath or affirmation.

(3) A person who filed a complaint may not participate in the hearing of the matter except to give evidence on behalf of a party to the hearing.

(4) A person who filed a complaint may be called as a witness at a hearing of the matter.

(5) The Hearing Committee may order that a witness who has not yet testified be excluded from a hearing.

(6) The Hearing Committee may order that the identity of any witness who makes an allegation of a sexual nature not be publicly disclosed. © NS Registry of Regulations. Web version. 701

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(1) If requested by a party to a hearing and after hearing from both parties, the Hearing Committee may impose a publication ban at any time during a hearing, or on some or all of its decision, subject to any terms determined by the Hearing Committee.

(2) The Hearing Committee must give reasons for any decision to impose a publication ban. Written decision of Hearing Committee 76

(1) The Hearing Committee must prepare written reasons for its decision in disposing of a matter.

(2) The Hearing Committee must provide a copy of its decision, with reasons, to the Registrar and to the respondent.

(3) The Registrar must review a decision of the Hearing Committee and, if in the Registrar’s opinion it is appropriate to do so, remove any references that identify patients or persons other than the respondent, and other personal information about those persons.

(4) Unless otherwise directed by the Hearing Committee, the College must make the redacted decision available to the public. Registrant may request revocation 77

(1) A respondent who does not contest the allegations or admits to some or all of the allegations set out in a complaint or a notice of a hearing may, with the consent of the Registrar, ask the Hearing Committee to revoke the respondent’s registration.

(2) The Hearing Committee may agree to a respondent’s request for revocation of their registration, or may refuse.

(3) The College must give public notice of the revocation of a respondent’s registration.

(4) A registration that is revoked under this

Section must not be subsequently reinstated. Costs awarded after hearing 78

(1) In this Section, “costs” includes any expense incurred by the College as a result of a complaint, including all of the following: (

a) expenses incurred by the College in the investigation of a complaint; (

b) expenses incurred by the College for the ac tivities of the Investigation Committee and the Hearing Committee; (

c) all of the College’s legal costs relating to the investigation and hearing of the complaint, including fees, disbursements and applicable taxes; (

d) the legal costs for counsel for the Heari ng Committee, including fees, disbursements and applicable taxes; (

e) fees for retaining a court reporter and pr eparing transcripts of the proceedings; (

f) travel costs and reasonable expenses of an y witnesses required to appear at the hearing; (

g) fees and expenses of expert witnesses; 702 © NS Registry of Regulations. Web version.

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h) any cost incurred to provide a suitable facility for the hearing.

(2) If the Hearing Committee finds professional misconduct, conduct unbecoming, professional incompetence or incapacity on the part of a respondent, it must order that the respondent pay all or part of the costs.

(3) Before deciding whether to award costs in a hearing, the Hearing Committee may be given a copy of any offer for settlement exchanged between the parties.

(4) The Hearing Committee may order the College to contribute towards the respondent’s costs if it considers that it would be just to do so.

(5) The licence of any respondent who fails to pay the costs within the time specified in the Committee’s order is suspended until payment is made or satisfactory arrangements for payment are made. Disclosure and retention of decisions and licensing sanctions 79

(1) The Registrar must do all of the following with respect to any decision or licensing sanction imposed by a committee under the Act and these regulations: (

a) make appropriate entries in the registers; (

b) provide notice of the decision or sanction to the registrant’s employers as identified in the records of the College; (

c) if the decision or sanction arose from a compla int, advise the person who filed the complaint of the final disposition of the complaint; (

d) at the direction of the committee that made the decision or imposed the sanction, advise any person specified by the committee of the decision or sanction.

(2) A decision or licensing sanction respecting a registrant is a permanent part of the registrant’s file. Reinstatement of Registrant’s Registration and Licence Applying for reinstatement 80

(1) An application for reinstatement of registration must be sent in writing to the Registrar together with the applicable application fee and a deposit equal to the costs that the Registrar estimates will be incurred by the College in the reinstatement process.

(2) Subject to subsection (3), an application for reinstatement of registration must not be made earlier than (a) 5 years after the registration is revoked; and (b) 5 years after any previous appli cation for reinstatement was rejected.

(3) An application for reinstatement must not be considered if any of the following apply: (

a) the Hearing Committee has determined that the former registrant is not eligible for reinstatement; (

b) the applicant is a former registrant who requested the revocation; © NS Registry of Regulations. Web version. 703

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c) any costs awarded against the applicant in respect of any part of the professional accountability process or the costs of any previous application for reinstatement have not been paid in full.

(4) An application for reinstatement may be withdrawn only (

a) with the approval of the Reinstatement Committee; and (

b) on any terms as to costs and otherwise that the Reinstatement Committee considers just.

(5) Before proceeding with an application for reinstatement, the Reinstatement Committee may require the applicant to complete and submit the results of any examination, practice experience, education or other undertaking specified by the Committee.

(6) An application for reinstatement must include any information the Reinstatement Committee requires to assist it in determining whether the objects of the College will be met if reinstatement is approved.

(7) An application for reinstatement of a registration that has been revoked for incapacity must be supported by certificates from 2 duly qualified medical practitioners, 1 of whom is named by the Registrar, certifying that the incapacity no longer makes the person unfit to practise pharmacy. Reviewing an application for reinstatement 81

(1) The Registrar may request that an investigation be conducted to gather relevant and appropriate information concerning an application for reinstatement.

(2) The Reinstatement Committee must set a date for a proceeding to review an application for reinstatement and must advise the applicant of the date.

(3) The parties in a proceeding to review a reinstatement application are the College and the applicant.

(4) An applicant for reinstatement may appear at a proceeding to review their application for reinstatement, present evidence and be heard. Attendance at proceeding for review of reinstatement application 82

(1) Except as provided in subsection (2), a proceeding to review a reinstatement application is open to the public.

(2) At the request of a party, the Reinstatement Committee may order that the public, in whole or in part, be excluded from a proceeding to review all or part of an application for reinstatement if the Reinstatement Committee is satisfied that (

a) personal, medical, financial or other matters that may be disclosed at the proceeding are of such a nature that protecting the privacy of those matters outweighs the principle that hearings should be open to the public; or (

b) the safety of any person may be je opardized by permitting public attendance.

(3) The Reinstatement Committee may order that the public be excluded from a part of a proceeding that deals with a request for an order to exclude the public in whole or in part.

(4) The Reinstatement Committee may make any orders it considers necessary, including orders imposing a publication ban on any or all matters disclosed in a proceeding. 704 © NS Registry of Regulations. Web version.

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(5) The Reinstatement Committee must give reasons for any order made under this Section. Reinstatement Committee procedure 83

(1) The Reinstatement Committee may adopt any rules of procedure for a proceeding to review an application for reinstatement in addition to the rules set out in the Act and these regulations.

(2) Witnesses at a proceeding must testify under oath or affirmation.

(3) The Reinstatement Committee may order that a witness who has not yet testified be excluded from a proceeding.

(4) The Reinstatement Committee may order that the identity of any witness who makes an allegation of a sexual nature not be publicly disclosed. Evidence before Reinstatement Committee 84

(1) Evidence before the Reinstatement Committee must be taken under oath or affirmation.

(2) Evidence presented to the Reinstatement Committee is subject to cross-examination.

(3) Each party to a reinstatement proceeding must give the other all of the following information: (

a) in the case of written or documentary eviden ce, an opportunity to examine the evidence; (

b) in the case of evidence of an expert, a copy of the expert’s written report; (

c) in the case of evidence of any othe r witness, the identity of the witness.

(4) The Reinstatement Committee may, in its discretion, allow the introduction of evidence with respect to which inadequate or no notice is given, subject to any directions it considers reasonably necessary to avoid prejudice to any party. Decision of Reinstatement Committee 85

(1) The Reinstatement Committee may direct the Registrar to re-register the applicant and to issue the applicant a licence if all of the following conditions have been met: (

a) the Reinstatement Committee is satisfied that it is in the interest of the public to do so and that the applicant is a fit and proper person to practise pharmacy competently, safely and ethically; (

b) the appli