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O. Reg. 270/04: GENERAL

filed August 26, 2004 under Pharmacy Act, 1991, S.O. 1991, c. 36

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ontario regulation 270/04

made under the

pharmacy act, 1991

Made: June 21, 2004
Approved: August 25, 2004
Filed: August 26, 2004
Printed in The Ontario Gazette: September 11, 2004

Amending O. Reg. 202/94

(General)

1. (1) Paragraph 5 of subsection 28 (1) of Ontario Regulation 202/94 is amended by striking out “Immigration Act (Canada)” and substituting “Immigration and Refugee Protection Act (Canada)”.

(2) Subsection 28 (1) of the Regulation is amended by adding the following paragraph:

6. The applicant’s past and present conduct affords reasonable grounds for the belief that the applicant will practise with decency, honesty and integrity and in accordance with the law.

2. The Regulation is amended by adding the following section:

29.0.1 (1) The requirements of paragraphs 1, 3, 4 and 5 of subsection 29 (1) are not applicable to an applicant for a certificate of registration as a pharmacist who at the time of application holds non-restricted registration in a province or territory of Canada whose regulatory authority requires as a requirement for registration either the certificate of qualification issued by the Pharmacy Examining Board of Canada or successful completion of examinations accepted by Council as equivalent to the examinations required to obtain that certificate of qualification, if all of the following requirements are met:

1. The applicant obtained an initial licence, permit, certificate or registration in another province or territory of Canada as a pharmacist on or before July 1, 2001.

2. The applicant has complied with the continuing competency or quality assurance requirements of the pharmacist regulatory authority in the province or territory in which the applicant holds that non-restricted registration.

3. There is no information to suggest that the applicant would be unable to meet the College’s current quality assurance requirements.

4. There is no information to suggest that the applicant does not have sufficient knowledge, skill and judgment to competently engage in the practice authorized by the certificate of registration for which he or she is applying.

5. The applicant’s licence, permit, certificate or registration in any other jurisdiction is not encumbered or restricted in any way and the applicant is not the subject of a discipline or fitness to practise order or ongoing investigation or interim order or agreement as a result of a complaint, investigation or proceeding in any other jurisdiction.

(2) Despite subsection (1), an applicant who is not entitled to a certificate of registration solely as a result of being unable to meet the requirements of paragraph 2 or 3 of subsection (1) may be issued a certificate of registration as a pharmacist if the applicant consents to being listed in Part B of the register referred to in section 44 and therefore agrees that his or her certificate of registration will be subject to the conditions set out in section 29.1.

(3) In this section,

“non-restricted registration” means the holding of a licence, permit, certificate or registration as a pharmacist from the provincial or territorial authority responsible for the regulation of pharmacists in a province or territory in Canada that is not subject to any restrictions, terms, conditions or limitations,

(a) that relate to the holder’s ability to practise independently,

(b) that require the holder to practise under supervision or direction,

(c) that require the holder to maintain a position or appointment as a condition of continued registration,

(d) that require the holder to practise in a part of the geographical jurisdiction of the province or territory,

(e) that restrict the holder to temporary or time-limited registration or practice,

(f) that were imposed by the provincial or territorial regulatory authority or any committee or panel of that authority as a result of a disciplinary, registration, fitness to practise or similar proceeding, or

(g) that were placed on the holder’s registration by agreement between the holder and the regulatory authority.

Made by:

Council of the Ontario College of Pharmacists:

Iris Krawchenko

President

Deanna williams

Registrar

Date made: June 21, 2004.