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Copyright 2000: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

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Revised Statutes of Newfoundland 1990


CHAPTER P-12

AN ACT RESPECTING THE PHARMACEUTICAL ASSOCIATION

Analysis

1. Short title

2. Definitions

3. Corporation

4. Holding powers

5. Actions, suits, etc.

6. Council

7. By-laws

8. Term of office

9. Officers

10. Powers of management of council

11. Application of seal

12. Execution of contract or instrument not under seal

13. General meeting

14. Financial year

15. By-laws

16. Qualifications

17. Persons entitled to registration under this Act

18. Entry in register

19. Council may prescribe courses

20. Certificate

21. Membership fees

22. Disciplinary action

23. Appeal

24. Sale of certain products for human use

25. Dispensary to be supervised

26. Restrictions on sale of poisons

27. Use of certain words prohibited

28. Operation of drug stores

29. Cessation of operation of business

30. Supervision of packing of drugs

31. Conditions covering sale of poisons

32. Adding to list of poisons

33. Two or more charges may be in 1 information

34. Certificate of secretary-registrar

35. Charges for improper sale not recoverable

36. Returns by secretary-registrar to minister

37. Carrying on business after death of pharmaceutical chemist

38. Wholesale dealers

39. Privileges of medical doctors and others

40. Privileges of nurses of Department of Health

41. No action against association, etc.

42. Offences and penalties

Schedule A

Schedule B


Short title

1. This Act may be cited as the Pharmaceutical Association Act.

RSN1970 c295 s1

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Definitions

2. In this Act

(a) "association" means the Newfoundland Pharmaceutical Association;

(b) "by-laws" means by-laws made under this Act;

(c) "council" means the council of the association;

(d) "councillor" means a member of the council;

(e) "disciplinary committee" means the disciplinary committee appointed under section 22;

(f) "drug" means a substance, whether or not produced in whole or in part by synthetic process, and either alone or in conjunction with another substance, the definition and composition of which is found in the Food and Drugs Act (Canada), the British Pharmacopoeia or other pharmacopoeia approved by the Minister of Health and Welfare of Canada, or in the Canadian Formulary or other formulary approved and accepted by the minister;

(g) "drug store" or "pharmacy" means a place where prescriptions, medicines, drugs, chemicals and poisons are compounded or prepared or sold by retail;

(h) "medicine" includes all drugs for internal or external use of human beings or animals and a substance or mixture of substances intended to be used for treatment, mitigation or prevention of disease or pain in human beings or animals;

(i) "member" means a member of the association;

(j) "minister" means the Minister of Health;

(k) "pharmaceutical chemist" means a person qualified to hold and holding a certificate of registration issued under section 20 and a certificate of membership in the association issued under section 21, both of which are valid and existing under this Act;

(l) "pharmaceutical student" means a student in pharmacy who has been registered for training in pharmacy under this Act;

(m) "poison" means drugs, chemicals, or compounds of drugs or chemicals which are dangerous to human or animal life and includes the several articles named in Parts 1 and 2 of Schedule A;

(n) "prescription" means a written direction given by a qualified medical practitioner, a registered dentist or a registered veterinary surgeon for a remedy for a disease or disorder, prescribing the ingredients with or without the method of using;

(o) "proprietary or patent medicine" means a medicine that is designated as a proprietary or patent medicine by regulations made under the Food and Drugs Act (Canada);

(p) "secretary-registrar" means the secretary-registrar elected or appointed under this Act; and

(q) "sell" means directly or indirectly upon a pretence or by a device, whether or not for valuable consideration, to sell, give or barter, attempt or offer to sell, give or barter or keep, advertise, expose or offer for sale, gift or barter.

RSN1970 c295 s2; 1975-76 No21 ss2&4; 1983 c8 s1

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Corporation

3. (1) The Newfoundland Pharmaceutical Association is continued as a corporation.

(2) All persons registered and holding certificates of registration under this Act and all persons who become registered and receive a certificate of registration under this Act are members of the association.

RSN1970 c295 s3

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Holding powers

4. The association may acquire, hold and enjoy property, movable or immovable, by purchase, gift, legacy or otherwise and may sell, lease, hypothecate, alienate or otherwise dispose of the property.

RSN1970 c295 s5

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Actions, suits, etc.

5. Actions, suits or other legal proceedings in respect of a right or obligation acquired or incurred by the association may be brought or taken by or against the association in a court.

RSN1970 c295 s6

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Council

6. (1) There shall be a council of the association consisting of 12 members in good standing, resident in the province, of whom 9 shall be elected by the members in good standing in accordance with the by-laws and 3 appointed by the minister.

(2) Five councillors constitute a quorum for meetings of the council.

(3) The exercise of the powers of the council shall not be impaired because of a vacancy in its membership.

(4) All acts done by the council shall, notwithstanding that it is afterwards discovered that there was some defect in the election or appointment of a person purporting to be a councillor, be as valid as if that defect had not existed.

(5) The council shall regulate the procedure to be followed at its meetings.

RSN1970 c295 s8; 1979 c40 s1

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By-laws

7. The by-laws shall, before becoming effective, be ratified by the association at the annual general meeting or at a special general meeting called for that purpose and be approved by the minister and at that meeting the council shall be elected and appointed in accordance with section 6.

RSN1970 c295 s9

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Term of office

8. (1) Councillors hold office for 3 years.

(2) A councillor vacates his or her office if the councillor

(a) resigns by tendering a resignation to the president or secretary-registrar;

(b) stops being a member of the association;

(c) stops living in the province;

(d) is unable to perform the duties of a councillor efficiently owing to an incapacity which is likely to be permanent; or

(e) dies.

(3) Where a councillor vacates the office, the remaining councillors shall appoint an eligible member to fill the vacancy if the councillor who vacated the office was elected by the association and the minister shall appoint an eligible member to fill the vacancy if the councillor who vacated the office was appointed by the minister.

(4) Retiring councillors are eligible for re-election or reappointment.

RSN1970 c295 s10; 1985 c11 s20

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Officers

9. (1) The council shall elect from its membership the president and vice-president and other officers of the association that the council decides are necessary.

(2) The council shall

(a) elect from the membership of the council; or

(b) appoint from outside the membership of the council,

a person to act as secretary-registrar.

(3) Where the secretary-registrar is appointed from outside the membership of the council, he or she

(a) becomes, by virtue of his or her office, a member of the council and is not subject to section 8; and

(b) holds office during the pleasure of council.

(4) The secretary-registrar is the registrar of the association.

(5) The officers shall hold office for 3 years from the time of their election but stop holding office when they stop being councillors.

(6) The council may elect a councillor to complete the unexpired term of office of an officer who stops holding office.

RSN1970 c295 s11; 1983 c8 s2

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Powers of management of council

10. The council has sole control and management of the property of the association.

RSN1970 c295 s12

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Application of seal

11. Except as otherwise provided by this Act, the application of the common seal of the association shall be witnessed by the president and the secretary-registrar.

RSN1970 c295 s13; 1983 c8 s3

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Execution of contract or instrument not under seal

12. (1) A contract or instrument which, if entered into or executed by a person not being a corporation, would not be required to be under seal, may be entered into or executed on behalf of the association by a person generally or specially authorized by the council for that purpose.

(2) A document purporting to be a document executed or issued under the seal of the association or on behalf of the association shall, in the absence of evidence to the contrary, be considered to be a document so executed or issued.

RSN1970 c295 s14

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General meeting

13. The council shall at least once in every calendar year convene a general meeting of the association and at that meeting shall report to the association on all matters connected with the management, control and activities of the council and of the association.

RSN1970 c295 s15

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Financial year

14. The financial year of the association is from January 1 to December 31.

RSN1970 c295 s16

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By-laws

15. Subject to the approval of the minister, the council may make by-laws with respect to

(a) the payment and amount of registration fees, annual fees and examination fees to be paid by members, students, non-residents and non-practising members;

(b) the payment and amount of the annual business licence fee to be paid in respect of each drug store by the owner of that store;

(c) the purpose, payment and amount of fees other than those referred to in paragraphs (a) and (b);

(d) the suspension or cancellation of a business licence referred to in paragraph (b) for the cause that may be prescribed in the by-laws and the regranting of the suspended or cancelled business licence;

(e) the issue of certificates of registration and certificates of membership in the association and the display of the certification by practising members;

(f) the depositing and disbursement of the funds of the association;

(g) courses of instruction in pharmaceutical and allied subjects;

(h) the time and place for the holding of all meetings of the association and of the council;

(i) the procedure to be followed and the quorum for all meetings of the association and of the council;

(j) notices or meetings and of business to be transacted;

(k) the time, place and manner of holding elections;

(l) regional representation on the council;

(m) the keeping and auditing of accounts of the association;

(n) prescribing the duties of an officer of the association;

(o) minimum standards to be maintained by drug stores;

(p) minimum levels of service to the public to be maintained by drug stores;

(q) the inspection of a drug store by representatives appointed by the council including the power to enter, without notice, at reasonable times, a drug store, in order to ensure that the minimum standards and minimum levels of service to the public as set out in the by-laws are maintained by that drug store;

(r) conflict of interest;

(s) prescribing the nature and content of advertising and the limitation and control of the advertising;

(t) prescribing the duties of a pharmaceutical chemist in charge of a drug store;

(u) prescribing forms of use under this Act, including forms for the application for licensing and registration under this Act;

(v) the disciplining of members and the cancellation or suspension of certificates of registration and membership issued under this Act;

(w) the defining of "professional misconduct";

(x) the holding of inquiries into the operation of this Act and into a charge or complaint that a person has contravened this Act or the by-laws, or into a matter arising in the administration of this Act, and providing the persons holding the inquiry with the powers that are conferred upon a commissioner under the Public Inquiries Act, including the power to take evidence under oath or affirmation;

(y) providing for the maximum amount of a penalty to be imposed under paragraph 22(4)(c);

(z) the composition of the disciplinary committee appointed under section 22; and

(aa) the rules and procedure of conducting hearings under section 22.

1983 c8 s4

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Qualifications

16. (1) The council shall prescribe

(a) the qualifications for admission of persons to training as pharmaceutical students;

(b) the course of training to be followed by pharmaceutical students to prepare them for registration as pharmaceutical chemists; and

(c) rules of discipline in respect of pharmaceutical students.

(2) The council shall

(a) appoint and define the duties of examiners for the examination of candidates for registration under this Act;

(b) supervise the holding of examinations;

(c) prescribe the conditions under which candidates may take the examinations;

(d) prescribe the standards of proficiency and excellence which candidates must reach in the examination before they may be registered under this Act; and

(e) make those rules that may be necessary for the proper and efficient administration of this subsection.

(3) The secretary-registrar shall maintain a register of pharmaceutical students which shall contain all information in respect of them which this Act and the by-laws require.

RSN1970 c295 s18; 1975-76 No21 s4; 1983 c8 s6

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Persons entitled to registration under this Act

17. (1) The following are entitled, on application to the secretary-registrar, to be registered under this Act:

(a) pharmaceutical students who follow a course of training, pass the required examinations and otherwise comply with this Act; and

(b) persons who are qualified and apply for registration under subsection 19(2).

(2) The secretary-registrar shall register a person who applies for and is entitled to registration under this Act.

(3) The secretary-registrar shall maintain a correct register in accordance with this Act of all persons who are registered under this Act and shall enter their qualifications opposite the names of all registered persons who file a statement and shall make the necessary changes in the address of registered persons.

RSN1970 c295 s19; 1975-76 No21 s4; 1983 c8 s6

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Entry in register

18. (1) The secretary-registrar shall not enter a name in the register except according to a resolution of the council unless satisfied that the person applying for the registration is entitled to have his or her name registered.

(2) A person who feels that the secretary-registrar has improperly refused to enter his or her name in the register under subsection (1) may appeal from the decision of the secretary-registrar to the council which shall state its decision by resolution.

(3) A person referred to in subsection (2) who feels aggrieved by a resolution passed under that subsection may appeal to a judge of the Trial Division.

(4) Section 23 applies, with the necessary changes, to an appeal under subsection (3).

(5) Where it is proved to the satisfaction of the council that an entry has been fraudulently or incorrectly made in the register the secretary-registrar, on order from the council, shall erase or amend the entry.

RSN1970 c295 s20; 1974 No57 Sch C; 1983 c8 s6; 1986 c42 Sch A

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Council may prescribe courses

19. (1) The council may prescribe courses and examinations as it considers necessary for a registered member of a pharmaceutical association or society or college of pharmacy who applies for registration under this Act but whose academic qualifications are not in the opinion of the council adequate for registration under this Act in order that the person may acquire the academic qualifications necessary in the opinion of the council for registration under this Act.

(2) The secretary-registrar shall register a candidate who has the necessary academic qualifications provided for in subsection (1) for registration under this Act where the candidate

(a) applies in person for registration;

(b) produces to the secretary-registrar satisfactory evidence

(i) of being at least 19 years of age,

(ii) of being of good character,

(iii) that his or her name is not erased from the register of a pharmaceutical association or society or college of pharmacy or similar body in Canada or elsewhere as a result of misdemeanour or unbecoming or criminal conduct, professional or otherwise, and

(iv) that he or she has not been convicted of malpractice;

(c) satisfies the secretary-registrar that he or she has served an apprenticeship or has practised pharmacy for a period of time equal to that required for registration of graduates of the course prescribed under this Act; and

(d) pays the fees prescribed by the council.

(3) The council may accept the certificate of registration by another competent registering body as evidence of qualification for registration under this section.

RSN1970 c295 s21; 1971 No71 s44; 1983 c8 c6

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Certificate

20. A person who is entitled to be registered as a pharmaceutical chemist under this Act is, after his or her name has been entered in the register, entitled to receive a certificate of registration in the form set out in Schedule B under the common seal of the association, signed by the president and the secretary-registrar.

RSN1970 c295 s22; 1983 c8 s6

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Membership fees

21. (1) A member shall pay the annual membership fee prescribed in the by-laws.

(2) The annual membership fee is due on January 1.

(3) The secretary-registrar shall issue a certificate of membership in the association to a member where the member pays the annual membership fee.

(4) A certificate of membership expires on December 31 of the year in which it is issued.

(5) The secretary-registrar shall maintain in the register of the association a record of the members to whom he or she issues certificates of membership each year.

(6) The secretary-registrar shall, on or before January 15 in each year, publish in the Gazette a copy of the record of the members referred to in subsection (5).

RSN1970 c295 s23; 1983 c8 s6

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Disciplinary action

22. (1) The council may appoint a disciplinary committee consisting of those members of the council together with those other persons that the council may decide.

(2) Where the council is of the opinion or has reasonable cause to believe that a pharmaceutical chemist has committed professional misconduct or malpractice, or may be guilty of conduct unbecoming a pharmaceutical chemist, or may, by the continuation in the practice of a pharmaceutical chemist, constitute a danger to the public or a person, the council or, where the matter is referred to it by the council, the disciplinary committee, shall, inquire into the matter.

(3) The disciplinary committee shall, after conducting an inquiry into a matter referred to it by the council under subsection (2), report in writing to the council its findings and recommendations and reasons.

(4) Upon receipt of a report of the disciplinary committee and after reviewing the report, or, where the council has itself conducted the inquiry, the council may

(a) remove the name of the pharmaceutical chemist from the register;

(b) suspend the certificate of registration and membership of the pharmaceutical chemist for the period that the council may determine;

(c) impose upon the pharmaceutical chemist monetary penalty not to exceed the sum fixed by the by-laws;

(d) impose conditions or limitations on the pharmaceutical chemist in carrying out the practice of a pharmaceutical chemist; or

(e) take other action that it considers appropriate in the circumstances.

(5) For the purpose of an inquiry conducted under subsection (2), the council or the disciplinary committee is vested with all the powers that are or may be conferred on a commissioner under the Public Inquiries Act.

(6) The pharmaceutical chemist has the right to be heard and to be represented by a barrister or other person at the inquiry.

1983 c8 s5

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Appeal

23. (1) A pharmaceutical chemist aggrieved by a decision of the council under section 22 may appeal to a judge of the Trial Division within 30 days after the decision of the council by filing in the office of the Registrar of the Supreme Court a notice of appeal and serving a copy of the notice on the council.

(2) Notwithstanding a rule or practice to the contrary, the notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds under which the suspension or cancellation or other disciplinary action is appealed against; and

(b) be signed by the appellant or the appellant's solicitor.

(3) The appellant shall within 14 days after service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the council a written notice of the day appointed for the hearing.

(4) The judge shall hear the appeal and the evidence brought forward by the appellant and the council, and shall decide the matter of the appeal by

(a) upholding or revoking the action of the council; or

(b) making another decision or order that the judge considers to be appropriate in the interest of justice and equity, including orders as to the costs for or against the appellant or the council and the amount of the costs.

(5) An appeal may be taken from the decision of the judge to the Court of Appeal upon a point of law raised at the hearing of the appeal.

(6) The council shall direct the secretary-registrar to implement the decision of the judge of the Trial Division or the Court of Appeal and shall comply with the terms of an order made by the court.

1983 c8 s5

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Sale of certain products for human use

24. (1) A person other than a pharmaceutical chemist or other person authorized to do so under another Act or regulation of this province shall not sell a granular product, toxoid, sera, vaccine or bacterin for human use which is intended for administration by oral or parenteral means.

(2) A person other than a pharmaceutical chemist, a registered veterinary surgeon or other person authorized to do so under another Act or regulation of this province or of Canada shall not sell a veterinary biological product for use by hypodermic injection into an animal.

RSN1970 c295 s27

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Dispensary to be supervised

25. (1) A person other than a pharmaceutical chemist or a pharmaceutical student acting under the direct supervision of a pharmaceutical chemist shall not dispense a prescription, recipe or formula or prepare or compound drugs or medicines.

(2) A person shall not employ another person who is not a pharmaceutical chemist or a pharmaceutical student acting under the direct supervision of a pharmaceutical chemist to dispense a prescription, recipe or formula or prepare or compound drugs or medicines.

RSN1970 c295 s28; 1975-76 No21 s4

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Restrictions on sale of poisons

26. (1) A person other than a pharmaceutical chemist shall not sell or conduct a business for the retailing, dispensing, preparing or compounding of poisons, drugs or medicines.

(2) Subsection (1) does not apply to

(a) proprietary or patent medicines;

(b) acetylsalicylic acid, tincture of iodine 2 1/2%, creoline, carbolic acid solutions not exceeding 10%, turpentine, epsom salts, copperas, senna, borax, castor oil, sulphur, glauber's salt, cream of tartar, carbonate of soda, bicarbonate of soda, glycerine, carbonate of magnesia, citrate of magnesia, rochelle salts, saltpeter, spirit of nitre, rhubarb root, solution of ammonia, phosphate of soda, gum camphor, chloride of lime, compounds for use in control of plant diseases, pests and predators of plants and animals; or

(c) other substances that the council, with the approval of the minister, prescribes and publishes in the Gazette.

RSN1970 c295 s29

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Use of certain words prohibited

27. (1) A person other than a pharmaceutical chemist shall not use or assume the title of chemist, druggist, chemist and druggist, pharmacist, pharmaceutical chemist, apothecary, dispensing chemist or dispensing druggist.

(2) A person shall not display a sign, fixture, title or advertisement bearing the words drugs, drug store, drug dispensary or other words of similar meaning unless the person dispensing prescriptions, recipes or formulae or preparing or compounding drugs or medicines for him or her is a pharmaceutical chemist.

(3) A person shall not practise as a pharmaceutical chemist under an assumed name.

(4) A person shall not open or carry on a branch or other place of business for the retailing, dispensing, preparing or compounding of poisons, drugs or medicines unless he or she places and keeps it under the immediate and direct supervision management and control of a pharmaceutical chemist.

(5) A person who opens or carries on a branch, second or other place of business for the retailing, dispensing, preparing or compounding of poisons, drugs or medicines shall notify the secretary-registrar in writing of the name of the manager of the branch, second or other place of business and shall notify the secretary-registrar of changes in the management as they occur.

RSN1970 c295 s30

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Operation of drug stores

28. A person may keep an establishment at a place for the purpose of retailing, dispensing, preparing or compounding poisons, drugs or medicines where

(a) the establishment, where it relates to the retailing, dispensing, preparing or compounding of poisons, drugs or medicines, is under the immediate and direct supervision management and control of a pharmaceutical chemist;

(b) the name of each pharmaceutical chemist having the supervision, management and control, together with a description of the premises at which the business is carried on and the name of the person carrying on the business is immediately forwarded to the secretary-registrar to be entered in a register which he or she shall keep for that purpose;

(c) the pharmaceutical chemist having the supervision, management and control referred to in this section does not act in a similar capacity for another person and does not carry on business as a pharmaceutical chemist on his or her own account; and

(d) the owner of the establishment pays annually the business licence fee provided for by a by-law made under section 15.

RSN1970 c295 s31

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Cessation of operation of business

29. (1) A person who owns or operates a dispensary, pharmacy, drug store, or hospital dispensary and who stops owning, operating or being in charge of the dispensary, pharmacy, drug store or hospital dispensary shall, within 5 days after the cessation of ownership, operation or charge, notify the secretary-registrar in writing of the cessation.

(2) A person who owns or operates a dispensary, pharmacy, drug store or hospital dispensary which is in charge of a pharmaceutical chemist shall, within 5 days after the pharmaceutical chemist stops being in charge of the dispensary, pharmacy, drug store or hospital dispensary, notify the secretary-registrar in writing of the cessation.

RSN1970 c295 s32

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Supervision of packing of drugs

30. (1) An establishment in which drugs or medicines are prepared, compounded or manufactured or where packages as originally packed by manufacturers are divided, subdivided or otherwise broken for the purpose of repacking in larger or smaller quantities for sale by retail or wholesale shall be under the immediate supervision of and actually managed by a pharmaceutical chemist.

(2) Subsection (1) does not apply to substances named in subsection 26(2) except paris green.

(3) A wholesale and retail dealer shall properly label all drugs and medicines before offering them for sale.

RSN1970 c295 s33

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Conditions covering sale of poisons

31. (1) A person shall not sell the poisons listed in Part 1 of Schedule A to a person unknown to the seller unless the purchaser is introduced to the seller by some person known to the seller and on every sale of a poison the person actually making the sale shall before delivery of the poison to the purchaser make an entry in a book which the seller shall keep for the purpose stating

(a) the date of the sale;

(b) the name of the purchaser;

(c) the name and quantity of the poison sold;

(d) the purpose for which the purchaser states he or she is buying the poison;

(e) the name of the person who introduced the purchaser to the seller

and the purchaser and the person actually making the sale shall sign their names to the entry.

(2) A person shall not sell the poisons listed in Part 1 or Part 2 of Schedule A by wholesale or retail unless the person labels the box, bottle, wrapper or other container in which the poison is sold distinctly and in a conspicuous place with the name of the poison, the word "Poison" and the name and address of the proprietor or of the establishment selling the poison.

(3) A person who is required to keep a record of sales of poisons in accordance with subsection (1) shall allow an officer acting under authority of the council or of this or another Act of the Legislature or of the Parliament of Canada to inspect the record and to copy a portion of it.

RSN1970 c295 s34

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Adding to list of poisons

32. (1) The council may by resolution declare that an article specified in the resolution ought to be a poison within the meaning of this Act and the resolution shall specify whether the article should be included in Part 1 or Part 2 of Schedule A.

(2) Upon passing a resolution in accordance with subsection (1), the council shall submit it to the minister for approval and if the minister gives approval the council shall advertise the resolution in the Gazette and on the expiration of 1 month from the date of the publication of the advertisement, the article shall be considered to be included in Part 1 or Part 2 of Schedule A.

RSN1970 c295 s35

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Two or more charges may be in 1 information

33. Two or more charges of contravention of this Act committed by the same person may be included in 1 information and complaint if the information and complaint and summons issued state the time and place of the contravention.

RSN1970 c295 s36; 1985 c11 s34

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Certificate of secretary-registrar

34. A certificate purporting to be signed by the president and secretary-registrar and under the common seal of the association to the effect that a person is or is not registered under this Act is, in the absence of evidence to the contrary, evidence of the facts stated in the certificate without proof of the signatures to the certificate and without proof of the fact that the persons signing it occupy the positions which they purport to occupy.

RSN1970 c295 s37; 1983 c8 s6

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Charges for improper sale not recoverable

35. A person who sells an article in violation of this Act shall not recover charges in respect of the sale by action in a court.

RSN1970 c295 s38

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Returns by secretary-registrar to minister

36. The secretary-registrar shall, when the minister requires him or her to do so, transmit to the minister a return under oath or affirmation setting out the information and particulars which the minister requires about the association.

RSN1970 c295 s39

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Carrying on business after death of pharmaceutical chemist

37. On the death of a person authorized at the time of his or her death to carry on the business of a pharmaceutical chemist, the executor or administrator or the trustee of the person's estate may continue the business so long as it is conducted in good faith by a pharmaceutical chemist and the executor, administrator or trustee continues to pay fees payable under this Act.

RSN1970 c295 s40

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Wholesale dealers

38. This Act does not extend to or interfere with the business of wholesale dealers lawfully supplying poisons or other articles in the ordinary course of wholesale dealing if the poisons or other articles are sold in sealed manufacturer's packages.

RSN1970 c295 s41

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Privileges of medical doctors and others

39. (1) This Act does not extend to or interfere with the privileges conferred upon qualified medical practitioners by the Medical Act and does not prevent a person from selling goods to a person qualified under this or another Act of the Legislature to carry on business as an apothecary, pharmaceutical chemist or druggist or to practise the professions of medical doctor, physician, surgeon, dentist or veterinary surgeon and does not prevent the members of those professions from supplying their patients with medicines as they may require.

(2) Medical practitioners qualified to practise under the Medical Act may be registered as pharmaceutical chemists under this Act.

RSN1970 c295 s42

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Privileges of nurses of Department of Health

40. This Act does not extend to or interfere with the dispensing or administration of necessary drugs or medicines by registered nurses in the course of duty when practising with the approval and under the supervision of the Department of Health.

RSN1970 c295 s43

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No action against association, etc.

41. An action does not lie against the association or the council or an officer or a member of the association or council for proceedings taken in good faith or an order made or enforced under this Act.

RSN1970 c295 s44

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Offences and penalties

42. A person who contravenes this Act or the by-laws is guilty of an offence and is liable on summary conviction for the 1st offence to a fine of not less than $25 and in default of payment to imprisonment for a term of not less than 15 days and for each subsequent offence to a fine of not less than $100 and in default of payment to imprisonment for a term of not less than 60 days.

RSN1970 c295 s45

 

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Schedule A

Part 1

Acid hydrocyanic,
acid chromic,
aconite and preparations and compounds of aconite,
antimony tartrate,
apiol,
atropine and salts of atropine,
barium chloride,
barium sulphide,
belladonna and preparations and compounds of belladonna,
bromoform,
chloroform,
conium and preparations of conium,
cottonroot fluid extract,
croton oil,
emetine and salts of emetine,
hyoscyamus and preparations and compounds of hyoscyamus,
lobelia and preparations of lobelia,
mercury bichloride,
nux vomica and preparations of nux vomica,
oil of tansy,
oil of pennyroyal,
picrotoxin,
paraldehyde,
potassium cyanide.

Part 2

Acetanilid, acid acetic (over 30%),
acid carbolic,
acid oxalic,
acid hydrochloric,
acid nitric,
acid picric,
acid sulphuric,
calabar beans,
cantharides and preparations of cantharides,
digitalis and preparations of digitalis,
dinitrophenol and preparations of dinitrophenol,
ether,
hellebore,
iodine and preparations of iodine (over 2 1/2%),
mercury and preparations of mercury,
mercurochrome and preparations,
methyl salicylate,
lead and salts and preparations,
oil of cedar and oil of bitter almonds,
potassium hydroxide,
phosphorus,
potassium permanganate,
sabadilla seeds,
santonin,
savin and preparations,
sodium fluoride,
sodium hydroxide,
silver nitrate,
sodium metallic,
zinc acetate,
zinc chloride,
zinc sulphate.

RSN1970 c295 Sch I

 

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Schedule B

Certificate of Registration

THE NEWFOUNDLAND PHARMACEUTICAL ASSOCIATION

THIS IS TO CERTIFY THAT ......................... has complied with the Pharmaceutical Association Act, has been registered as a member for the Newfoundland Pharmaceutical Association and is entitled to be styled as a PHARMACEUTICAL CHEMIST and to enjoy all the consequent privileges as set out in that Act.

Given under the common seal of the Newfoundland Pharmaceutical Association and signed at St. John's in the Province of Newfoundland this .......... day of .................... 19.....

..........................
President

Common
Seal

..........................
Secretary-Registrar

RSN1970 c295 Sch II; 1983 c8 s7

©Earl G. Tucker, Queen's Printer