Pharmacy Act

(1) In this Act,

"Board of Inquiry" means the Board of Inquiry established under subsection 34(1); (comité d’enquête)

"Complaints Officer" means the Complaints Officer appointed under subsection 22(1); (préposé aux plaintes)

"Deputy Complaints Officer" means a Deputy Complaints Officer appointed under subsection 22(2); (adjoint du préposé aux plaintes)

"dispense" in respect of a drug, means to provide a drug under the authority of a prescription, but does not include the administration of a drug; (délivrer)

"drug" means a substance set out in a drug schedule, or a combination of substances that includes a substance set out in a drug schedule; (drogue)

"drug schedule" means Schedule I, Schedule II or Schedule III; (annexe de médicaments)

"facilitator" means a facilitator appointed under subsection 28(1) to conduct an alternative dispute resolution process in respect of a complaint; (facilitateur)

"investigator" means a person appointed by the Complaints Officer under paragraph 25(1)(d) or subsection 31(1) to conduct an investigation of a complaint; (enquêteur)

"licence" means a licence issued under paragraph 5(4)(a) or subsections 7(5), 8(4) or 10(2); (permis)

"pharmaceutically equivalent drug" means a drug that, in comparison with another drug, contains identical amounts of the identical medicinal ingredients, in comparable dosage forms, but that does not necessarily contain the same non-medicinal ingredients; (équivalent pharmaceutique) "pharmacist" means a person who holds a valid licence or a valid temporary permit; (pharmacien)

"pharmacy", where the context indicates a physical facility, means a facility where a pharmacist compounds, dispenses or sells drugs; (pharmacie)

"practice of pharmacy" includes

"practitioner" means a person referred to in subparagraphs 20(1)(a)(i) to (vi); (praticien)

"Registrar" means the Registrar appointed under section 2; (registraire)

"Schedule I" means Schedule I of the National Drug Schedules established by the National Association of Pharmacy Regulatory Authorities and adopted under paragraph 15(a) of this Act, as varied by the regulations; (Annexe I)

"Schedule II" means Schedule II of the National Drug Schedules established by the National Association of Pharmacy Regulatory Authorities and adopted under paragraph 15(b) of this Act, as varied by the regulations; (Annexe II)

"Schedule III" means Schedule III of the National Drug Schedules established by the National Association of Pharmacy Regulatory Authorities and adopted under paragraph 15(c) of this Act, as varied by the regulations; (Annexe III)

"temporary permit" means a temporary permit issued under paragraph 5(4)(b); (permis temporaire) "unscheduled substance" means

(2) For the purposes of this Act, each of the following is an exclusive scope area of the practice of pharmacy:

SNWT 2021,c.17,s.2.

(1) The Registrar shall maintain a record called the Pharmacists Register in which must be entered the following information in respect of each pharmacist to whom a licence is issued:

(2) The Registrar shall maintain a record called the Temporary Register in which must be entered the following information in respect of each pharmacist to whom a temporary permit is issued:

(3) The registers referred to in subsections (1) and (2) may be maintained in electronic format.

(4) Any person may inspect the Pharmacists Register or the Temporary Register at any reasonable time during regular office hours. SNWT 2021,c.17,s.7(2),(3).

(1) A person is eligible to be registered as a pharmacist if

(2) A person applying under subsection 5(1) to be registered as a pharmacist and issued a licence, or to be registered as a pharmacist and issued a temporary permit, may apply for a waiver of the eligibility requirement set out in paragraph (1)(c).

(3) On application under subsection (2), the Registrar may waive the requirement if, in the province in which the applicant is registered, they are not required to hold a certificate of qualification issued by the Pharmacy Examining Board of Canada. SNWT 2021,c.17,s.7(4),(5).

(1) A person may apply to the Registrar, in a form approved by the Registrar,

(2) In an application under subsection (1), an applicant shall provide the Registrar with the following:

(3) Notwithstanding paragraphs (2)(a) and (b), the Registrar may waive the requirement for an applicant to provide some or all of the evidence required under those paragraphs if

(4) On application under subsection (1) and on payment of the prescribed fee, the Registrar shall, if they are satisfied that the applicant meets the eligibility requirements for registration as a pharmacist and has complied with all application requirements,

(5) If the Registrar refuses an application made under subsection (1), they shall provide the applicant with a written notice, including reasons for the refusal. SNWT 2021,c.17,s.7(5),(6),(7),(8).

(1) A pharmacist is eligible for renewal of their licence if

(2) A pharmacist may apply to the Registrar for a renewal of their licence.

(3) An application under subsection (2)

(4) Notwithstanding paragraph (3)(a), the Registrar may, within 60 days after the expiry of a person’s licence, allow the person, on payment of the prescribed late fee, to apply under subsection (2) for a renewal of their licence, if the Registrar is satisfied by the person’s explanation of the reasons why an application was not made before the expiry of the licence.

(5) On application under subsection (2) and on payment of the prescribed fee, the Registrar shall renew a licence by issuing a new licence if the Registrar is satisfied that the applicant is eligible for renewal under subsection (1) and has complied with all application requirements.

(6) If the Registrar refuses an application made under subsection (2), they shall provide the applicant with a written notice, including reasons for the refusal. SNWT 2011,c.16,s.16(2); SNWT 2021,c.17, s.7(6),(8),(9),(10),(11).

(1) A person is eligible for a new licence under this section if

(2) A person may apply to the Registrar for a new licence.

(3) An application under subsection (2)

(4) On application under subsection (2) and on payment of the prescribed fee, the Registrar shall issue a new licence if the Registrar is satisfied that the applicant is eligible for a new licence under subsection (1) and has complied with all application requirements.

(5) If the Registrar refuses an application made under subsection (2), they shall provide the applicant with a written notice, including reasons for the refusal. SNWT 2011,c.16,s.16(3); SNWT 2021,c.17, s.7(8),(11),(12).

(1) Subject to paragraph 10(3)(b), a temporary permit expires on the expiry date set out in the permit, which must not be later than six months after the date of issue.

(2) A temporary permit may not be renewed.

(3) A person who has held a temporary permit may not be issued a subsequent temporary permit.

(1) A pharmacist who holds a temporary permit may apply to the Registrar, in a form approved by the Registrar, for a licence.

(2) On application under subsection (1) and on payment of the prescribed fee, the Registrar may issue a licence to an applicant.

(3) If the Registrar issues a licence under subsection (2),

(4) If the Registrar refuses an application made under subsection (1), they shall provide the applicant with a written notice, including reasons for the refusal. SNWT 2021,c.17,s.7(8).

(1) Subject to subsections (2), and (3), no person except a pharmacist shall engage in an exclusive scope area of the practice of pharmacy.

(2) Nothing in this Act applies to or affects the practice of any other profession or occupation by any person practising under the authority of another Act.

(3) Subject to any restrictions set out in the regulations, nothing in this Act prevents a person from engaging in an exclusive scope area of the practice of pharmacy

SNWT 2023,c.7,s.34(2).

(1) No person shall dispense drugs set out in Schedule I, or permit such drugs to be dispensed, except under the authority of a prescription that meets the requirements set out in section 19.

(2) No person shall sell drugs set out in Schedule I by retail, or permit such drugs to be sold by retail, except under the direct supervision of a pharmacist.

(3) No person shall store drugs set out in Schedule I, or permit such drugs to be stored, in any place except in a secure area to which there is no public access and no opportunity for self-selection.

(1) No person shall sell drugs set out in Schedule II by retail, or permit such drugs to be sold by retail, except under the direct supervision of a pharmacist.

(2) No person shall store drugs set out in Schedule II, or permit such drugs to be stored, in any place except in a secure area to which there is no public access and no opportunity for self-selection.

(3) Drugs set out in Schedule II may be sold without a prescription.

(1) Subject to the regulations, no person shall sell drugs set out in Schedule III by retail, or permit such drugs to be sold by retail, from an establishment other than a pharmacy, or an establishment within which a pharmacy is located.

(2) No person shall sell drugs set out in Schedule III, or permit such drugs to be sold, from a self-selection area of a pharmacy, or an establishment within which a pharmacy is located, unless the area is maintained under the direct supervision of a pharmacist who is available to assist the public with self-selection.

(3) Drugs set out in Schedule III may be sold without a prescription.

(1) Subject to subsection (2) and the regulations, a person may sell an unscheduled substance by retail, or permit an unscheduled substance to be sold by retail, from an establishment other than a pharmacy.

(2) A person who sells a prescribed unscheduled substance by retail, or who supplies or distributes a prescribed unscheduled substance,

SNWT 2021,c.17,s.3.

(1) Subject to any exceptions set out in the regulations, a prescription must be in a written, verbal, faxed or electronic form and must include the information required by the regulations.

(2) A pharmacist shall not dispense a drug under the authority of a verbal prescription unless

(3) A pharmacist shall not dispense a drug under the authority of a faxed prescription unless the prescription is faxed directly to a pharmacist

(4) An electronic prescription must be

(5) A pharmacist shall not dispense a drug under the authority of an electronic prescription unless the prescription is electronically transmitted directly to a pharmacist from a practitioner through a secure, encrypted environment.

(6) For greater certainty, a pharmacist shall not dispense a drug under the authority of a prescription that is transmitted to a pharmacist by email. SNWT 2021,c.17,s.4; SNWT 2023,c.7,s.34(3).

(1) Before dispensing a drug a pharmacist shall take reasonable steps to ensure that they are satisfied

(2) Subject to the regulations and subsections (3) and (4), on receiving a prescription a pharmacist may

(3) A pharmacist may, under subsection (2), substitute a pharmaceutically equivalent drug, or modify or include instructions in respect of medical devices or packaging requirements, if the purpose of doing so is

(4) A pharmacist shall not substitute a drug if the words "brand medically necessary" are included in the prescription.

(5) Subject to the regulations, a pharmacist may, for the continued care of a patient, prescribe a limited quantity of a drug, including a drug set out in, or that is part of a class of drugs set out in, the Prescription Drug List established under subsection 29.1(1) of the Food and Drugs Act (Canada), as amended from time to time, if

(6) A pharmacist who prescribes a drug under subsection (5) shall, within the time set out in the regulations, provide the practitioner who issued the original prescription with notice of the continued care prescription.

(7) Where a formulary for the substitution of pharmaceutically equivalent drugs has been established by an association, person or body of persons and is available in written form, the Minister may, by order, adopt the formulary, or the formulary as amended from time to time, and upon adoption, the formulary is in force either in whole or in part, as may be specified in the order.

(8) A pharmacist is not liable for losses or damages to a person resulting from a drug substitution made in accordance with this Act and the regulations. SNWT 2008,c.18,s.2; SNWT 2010,c.6,s.97; SNWT 2010,c.19,s.15; SNWT 2021,c.17,s.5; SNWT 2019,c.2,s.2; SNWT 2023.c.32,s.121.

(1) In this Part,

"complainant" means a person who files a complaint under subsection 23(1) or the Complaints Officer in respect of a complaint filed by the Officer under subsection 23(2); (plaignant)

"Inquiry panel" means a panel of members of the Board of Inquiry selected under subsection 35(1) to hear a complaint; (sous-comité)

"layperson" means a person who has never held a licence or temporary permit and who has never been entitled to engage in the practice of pharmacy in another jurisdiction; (non-initié)

"pharmacist" includes a former pharmacist whose licence or temporary permit expired within two years before a complaint is filed under section 23 in respect of their conduct; (pharmacien) "respondent" means a pharmacist with respect to whom a complaint is filed. (intimé)

(2) For the purposes of this Part, an act or omission of a pharmacist constitutes unprofessional conduct if a Board of Inquiry or the Supreme Court, on an appeal, finds that the pharmacist

SNWT 2021,c.17,s.7(6),(13).

(1) The Minister shall appoint a Complaints Officer.

(2) The Minister shall appoint a Deputy Complaints Officer and may appoint one or more additional Deputy Complaints Officers.

(1) Any person may file a written complaint with the Complaints Officer in respect of an act or omission of a pharmacist that may constitute unprofessional conduct.

(2) The Complaints Officer may file a written complaint with a Deputy Complaints Officer in respect of an act or omission of a pharmacist that may constitute unprofessional conduct.

(3) If the Complaints Officer files a complaint with a Deputy Complaints Officer under subsection (2), a reference to "Complaints Officer", in respect of that complaint, means a Deputy Complaints Officer.

(1) The Complaints Officer may, after reviewing and inquiring into a complaint,

(2) If a complaint is resolved under paragraph (1)(a) or (b), the Complaints Officer shall make a notation of the resolution of the complaint in the file in which the complaint is maintained.

(1) The Complaints Officer may, at any time before the commencement of a hearing into a complaint, dismiss a complaint if they are satisfied that

(2) On dismissing a complaint under subsection (1), the Complaints Officer shall provide the complainant and respondent with a written notice, including reasons for dismissal. SNWT 2021,c.17,s.7(5).

(1) Notwithstanding anything in this Act, if a complaint has been filed against a respondent and the Complaints Officer determines that the imposition of conditions or a suspension is necessary to protect the health or safety of the public, the Officer may, for any period of time until the completion of proceedings under this Part,

(2) If the Complaints Officer imposes conditions on, or suspends, the respondent’s licence or temporary permit, the Officer shall, at the earliest opportunity, provide the respondent and the Registrar with a written notice of the decision.

(3) A respondent who has conditions imposed on their licence or temporary permit, or whose licence or temporary permit is suspended under subsection (1), may appeal the decision of the Complaints Officer to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Minister.

(4) If, on hearing an appeal under subsection (3), the Supreme Court finds that the imposition of conditions or the suspension is unreasonable, the Supreme Court may

SNWT 2021,c.17,s.7(6),(15),(16).

(1) The Complaints Officer may, at any time before the commencement of a hearing into a complaint, appoint a facilitator to conduct an alternative dispute resolution process in respect of the complaint if

(2) The facilitator shall terminate the process and refer the complaint back to the Complaints Officer if

(3) The Complaints Officer shall provide the complainant and respondent with a written notice of

(1) If a complaint is settled through an alternative dispute resolution process, the facilitator shall provide the Complaints Officer with a copy of the settlement agreement signed by the complainant and respondent.

(2) The Complaints Officer may

(3) A settlement of a complaint does not come into effect unless the Complaints Officer approves the settlement agreement under paragraph (2)(a) or (b).

(4) The Complaints Officer may deal with a complaint under this Part as if there had been no appointment of a facilitator if

(1) The Complaints Officer shall appoint a person to conduct an investigation of a complaint if

(2) If an investigation of a complaint is to be conducted, the Complaints Officer shall provide the respondent with

(1) For the purposes of conducting an investigation of a complaint, an investigator may

(2) An investigator may

(3) An investigator shall return any document, substance or other thing provided under paragraph (1)(b) within a reasonable period of time, but no later than 14 days after the completion of a hearing into the complaint.

(4) If a person fails or refuses to respond to an inquiry or to provide any document, substance or other thing under subsection (1), the Complaints Officer may apply to the Supreme Court for an order requiring the person to respond to the inquiry or to provide the document, substance or thing.

(5) An investigator may investigate any other matter relating to the complaint that arises during the course of an investigation that may constitute unprofessional conduct by the respondent.

(6) An investigator shall prepare a written investigation report and provide it to the Complaints Officer within a reasonable period of time after completing an investigation.

(1) On consideration of an investigation report, the Complaints Officer may add further allegations to the complaint, arising from an investigation of other matters under subsection 32(5).

(2) On consideration of an investigation report, the Complaints Officer shall

(3) The Complaints Officer shall provide the complainant and the respondent with written notice of a referral of a complaint to the Board of Inquiry under paragraph (2)(c).

(1) The Board of Inquiry is established.

(2) The Minister shall appoint to the Board of Inquiry

(3) The Minister shall designate one member of the Board of Inquiry as chairperson.

(1) On referral of a complaint to the Board of Inquiry, the chairperson shall select a panel, composed of members of the Board of Inquiry, to hear the complaint.

(2) An Inquiry panel must include at least one member appointed under each of paragraphs 34(2)(a),

(3) If the chairperson of the Board of Inquiry is not a member of the Inquiry panel, the chairperson shall select a member of the panel to act as chairperson in respect of the hearing.

(4) An Inquiry panel shall, within a reasonable period of time after being selected, conduct a hearing into the complaint.

(5) At least 30 days before the commencement of a hearing, the Board of Inquiry shall serve the complainant and respondent with a written notice of the hearing containing the date, time and place of the hearing.

(6) Subject to subsection (7), if a person selected for an Inquiry panel becomes unable to continue with the conduct of a hearing, the panel may, in the absence of the member, continue with and complete the hearing.

(7) An Inquiry panel may not continue with the conduct of a hearing with less than three members.

(8) A hearing must be open to the public unless the Inquiry panel determines that there are sufficient reasons for holding the hearing, or part of the hearing, in private.

(9) If a respondent does not attend a hearing into a complaint, the Inquiry panel, on proof of service of the notice of the hearing, may proceed with the hearing and take any action authorized by this Act without further notice to the respondent. SNWT 2021,c.17,s.7(17).

(1) The Board of Inquiry may engage, at the expense of the Government of the Northwest Territories, legal counsel to advise it, or an Inquiry panel, in respect of a hearing.

(2) The Complaints Officer, or their legal counsel, shall present the case against a respondent at a hearing.

(3) A complainant has the same right to attend and be heard at a hearing as a respondent.

(4) A complainant or respondent may, at their own expense, be represented by legal counsel at a hearing. SNWT 2021,c.17,s.7(6),(18).

(1) Subject to this Act, a Board of Inquiry may establish rules of procedure respecting the conduct of hearings.

(2) Evidence may be given before an Inquiry panel in any manner that it considers appropriate, including by telephone or by an audiovisual method, and the panel is not bound by the rules of evidence pertaining to actions and proceedings in courts of justice, but may proceed to ascertain the facts in the manner that it considers proper.

(1) A respondent and any other person who the Inquiry panel considers may have knowledge in respect of a complaint, is a compellable witness at a hearing into that complaint.

(2) The attendance of a witness before a hearing to testify or to produce documents, substances or other things, may be enforced by a written notice that is issued by the chairperson of the Board of Inquiry and served on the witness, requiring the witness to attend and stating

(3) The chairperson of the Board of Inquiry shall

(4) A member of an Inquiry panel has the power to administer an oath or affirmation to a witness who is to give evidence before the panel.

(5) For the purpose of obtaining testimony of a witness who is outside of the Northwest Territories, the Supreme Court, on ex parte application by the chairperson of the Board of Inquiry, the Complaints Officer or the respondent may, under the Rules of the Supreme Court, and with such modifications as the circumstances may require, make an order appointing an examiner for the obtaining of evidence of a witness.

(6) A witness at a hearing may be examined on oath or affirmation on all matters relevant to the hearing, and is not excused from answering a question on the grounds that the answer might

but an answer so given may not be used or received against the witness in any civil proceedings or in any proceedings under any other Act except in a prosecution for, or proceedings in respect of, perjury or the giving of contradictory evidence.

(1) If, on completion of a hearing, the Inquiry panel finds that the conduct under review was not unprofessional conduct, the panel shall dismiss the complaint.

(2) If, on completion of a hearing, the Inquiry panel finds that an act or omission of a respondent constitutes unprofessional conduct, the panel may, by order, do one or more of the following:

(3) In addition to the orders that may be made under subsection (2), the Inquiry panel may order the respondent to pay to the Government of the Northwest Territories, within the time stated in the order,

(4) Within a reasonable period of time after the completion of a hearing, the Inquiry panel shall prepare a written decision in respect of the complaint

(5) The Board of Inquiry shall cause a copy of the decision

(6) If all or part of a hearing is held in private under subsection 35(8), the Board of Inquiry may issue directions to the Registrar concerning the manner in which the decision must be altered before it is included in the register referred to in subsection 42(1).

(7) If a respondent fails to pay in full the costs or fine ordered under subsection (3) by the time stated in the order, the Registrar may suspend the respondent’s licence or temporary permit until payment has been made in full.

(1) A respondent who is subject to a decision of an Inquiry panel, may, within 30 days after service on the respondent of a copy of the decision, appeal it to the Supreme Court by filing a notice of appeal with the Supreme Court and serving it on the Minister.

(2) The Supreme Court, on hearing an appeal from a decision of an Inquiry panel, may

(3) A decision or order of the Supreme Court on an appeal under this section is final and conclusive and is not subject to further appeal. SNWT 2021,c.17,s.7(19).

(1) The Registrar shall maintain a register in which must be entered the copies of decisions of Inquiry panels provided to the Registrar under paragraph 40(5)(c).

(2) Any person may inspect the register referred to in subsection (1) at any reasonable time during regular office hours.

(1) Where this Act requires that a notice or document be served on the Complaints Officer, the notice or document may be

(2) Where this Act requires that a notice or document be served on a person, the notice or document may be

(3) If a person referred to in subsection (2) is a complainant other than the Complaints Officer, the address provided by that person in their complaint is deemed to be their address for service under paragraph (2)(b), unless

(4) If a person referred to in subsection (2) is a respondent, the most recent address provided by the person in writing to the Registrar is deemed to be their address for service under paragraph (2)(b), unless the person or body responsible for service has knowledge of another address for service. SNWT 2021,c.17,s.7(6),(20),(21).

(1) The Commissioner, on the recommendation of the Minister, may make regulations

(3) Paragraph (1)(o) applies notwithstanding the Access to Information and Protection of Privacy Act. SNWT 2008,c.18,s.3; SNWT 2014,c.32,s.2; SNWT 2021,c.17,s.6.

47.- 52. Repealed, SNWT 2008,c.18,s.4.