Issuance of a new certificate of accreditation by the OCP is required when a new pharmacy is purchased. A new certificate is required because the Ontario College of Pharmacists (OCP) considers purchasing a pharmacy as equivalent to opening a new pharmacy.[1] To be accredited, the applicant(s) and the new pharmacy must meet all the criteria set out in the Drug and Pharmacies Regulation Act (DPRA) and its regulations.[2]
When applying for a New Certificate is Required
The OCP requires issuance of a new certificate of accreditation when there is a change in legal “ownership.”[3] Part of the rationale for requiring an application for a new certificate is for the OCP to determine “if past and present conduct of the proposed owner(s) affords reasonable grounds for the belief that the pharmacy will be operated with decency, honesty and integrity and in accordance with the law.”[4] Amalgamating two or more corporations, where one operates an accredited Ontario pharmacy, is equivalent to purchasing an existing pharmacy and thus, requires a new certificate.[5] By contrast, a new certificate is not required when there is a change in the designated manger (DM) of the pharmacy because the DM is not an owner but, rather, a managing pharmacist designated by the owner of the pharmacy.[6]
Timeframe for notifying the OCP
A complete application must be submitted to the OCP at least 45 days prior to the proposed opening date of the new pharmacy.[7] OCP approval may take longer than 30 days. Without the OCP’s confirmation of approval, the OCP will not activate the new pharmacy, and the pharmacy will not be permitted to bill third parties.[8] The OCP will take any time necessary to complete their assessment for issuing a new certificate. Purchasing pharmacists should ensure that they will comply with the OCP requirements well in advance of the closing date of sale.
Process for applying for New Certification
The application for a new certificate of accreditation must include:
- An Application for Certificate of Accreditation as a Pharmacy;
- An application fee;
- A Director of a Corporation Declaration of Good Character for every pharmacist director of the operating corporation;
- A Pharmacy Self Assessment;
- A copy of the Articles of Incorporation for the operating corporation (only required if the corporation has never operated a pharmacy in Ontario);
- A copy of the share certificates issued for the operating corporation (only required if the corporation has never operated a pharmacy in Ontario);
- A signed copy of the Data License Agreement (DLA) (a copy of the DLA can be downloaded from an OCP registrant’s account under the “DLA” tab); and
- A pharmacy floor plan for OCP approval labelled with several details.[9]
Applications may be submitted by email to pharmacyapplications@ocpinfo.com, faxed to 416-847-8399, or mailed to the OCP to the attention of Pharmacy Applications & Renewals at 483 Huron St, Toronto, ON M5R 2R4.
It is also important to ensure that you file all paperwork required by Ontario Drug Benefits (ODB). Note that the ODB is not open on weekends.
Thank you to Ephraim Barrera for his contribution to this article. The contents of this article are not to be construed as legal advice. Contact Emerge Law’s lawyers for legal assistance.
[1] https://www.ocpinfo.com/practice-education/opening-operating-pharmacy/purchase-pharmacy/; Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4; O. Reg. 264/16: General; Sarah Saad, “Special Considerations When Dealing with the Sale and Purchase of Pharmacies & Other Regulated Businesses” (May 2017), PowerPoint presentation at the CCLA 23rd East Region Solicitors Conference (CanLII) at 10.
[2] https://www.ocpinfo.com/practice-education/opening-operating-pharmacy/purchase-pharmacy/; Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4; O. Reg. 264/16: General.
[3] https://www.ocpinfo.com/practice-education/opening-operating-pharmacy/purchase-pharmacy/
[4] https://www.ocpinfo.com/practice-education/opening-operating-pharmacy/purchase-pharmacy/; O. Reg. 264/16: General, s 8.
[5] Sarah Saad, “Special Considerations When Dealing with the Sale and Purchase of Pharmacies & Other Regulated Businesses” (May 2017), PowerPoint presentation at the CCLA 23rd East Region Solicitors Conference (CanLII) at 10.
[6] https://www.ocpinfo.com/regulations-standards/practice-policies-guidelines/med-procurement/.
[7] https://www.ocpinfo.com/practice-education/opening-operating-pharmacy/purchase-pharmacy/
[8] Sarah Saad, “Special Considerations When Dealing with the Sale and Purchase of Pharmacies & Other Regulated Businesses” (May 2017), PowerPoint presentation at the CCLA 23rd East Region Solicitors Conference (CanLII) at 4.
[9] https://www.ocpinfo.com/practice-education/opening-operating-pharmacy/purchase-pharmacy/