THE PHARMACY ACT OF 1884, WITH AMENDMENTS OF 1889.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. This act may be cited as " The Pharmacy Act."

2. The Ontario College of Pharmacy, incorporated by the act passed in the thirtyfourth year of her majesty's reign, and chaptered thirty-four, is hereby continued.

3. The Ontario College of Pharmacy shall have power to acquire and hold real estate, not exceeding at any time in annual value five thousand dollars, and may alienate, exchange, mortgage, lease or otherwise charge or dispose of, the said real estate, or any part thereof, as occasion may require, and may erect buildings for the purpose of accommodating lecturers on chemistry or pharmacy, or for a library, pharmaceutical museum, or specimen room for the use of the members and associates of the College; and all fees payable under this act shall belong to the College for the purposes of this act.

4. (1) There shall be a council of the College, to be called the Pharmaceutical Council, which shall consist of thirteen members, who shall be elected as hereinafter provided, and shall hold office for two years, and the council shall, subject to the laws thereof, have sole control of the real and personal property of the College, and have authority to grant certificates of competency to conduct the business of a chemist or druggist, and to be registered subject to the provisions of this act.

(2) The said thirteen members shall be selected from among those members of the College who are actively engaged on their own account, and as proprietors, in the occupation of pharmaceutical chemists, whether carrying on business as retail, wholesale or manufacturing chemists, and who reside within the Province of Ontario.

(3) The council may, at any time hereafter, pass a by-law dividing the Province into thirteen electoral territorial divisions for the purposes of this act; the by-law shall require the assent of the Lieutenant-Governor, and notice thereof in the Ontario Gazette for three months. After the expiration of the three months, all general elections of the members of the council shall be held so that each member shall be a resident of, and shall be elected by, the duly qualified members of the College resident in the territorial division. The manner of holding such an election shall, with respect to the time thereof, and the taking of the votes therefor, and the giving of a casting vote in case of equality of votes, be determined by a by-law to be passed by the council, and in default of such by-law, the Lieutenant-Governor may prescribe the time and manner of holding such election.

(4) The council shall have power to rearrange the geographical boundaries of the

electoral territorial divisions every ten years by a by-law, assented to by the LieutenantGovernor.

5. A member of the council may at any time resign by letter directed to the registrar of the College; and in the event of a vacancy occurring, the remaining members of the council shall fill up such vacancy from the members of the College," and after the provisions of section 4 relating to the electoral territorial divisions come into operation, such vacancy shall be filled from among members of the College resident in the territorial division represented by the member whose seat has become vacant."

6. An election of members of the council shall be held on the first Wednesday in July in every second year, and the persons qualified to vote at the election shall be such persons as are members of the said College, and are liable to pay the annual fee of $4 under this act.

7. The council shall, at their first meeting, elect from among themselves a president and vice-president, and shall appoint a registrar and such other officers as the council may consider necessary.

8. The council shall hold at least two sittings in every year, on the first Tuesday in February and first Tuesday in August, for the purpose of granting certificates of competency, at such places as they may by resolution appoint, of which due notice shall be given for at least one month in the Ontario Gazette, and in at least two newspapers published in the city of Toronto.

9. The council of the said College shall, subject to the supervision and disallowance thereof by the Lieutenant-Governor in council, have authority to prescribe the subjects upon which candidates for certificates of competency shall be examined, to establish a scale of fees not to exceed ten dollars, to be paid by persons applying for examination; and to make by-laws, rules and orders for the regulation of their own meetings and proceedings, and those of the College; and for the remuneration and appointment of examiners and officers of the College; and for defining the duties of such examiners and officers; and for the payment of remuneration or indemnity to the members of the council in attending its sittings, or in attending upon the business of the college; and in respect to any other matters which may be requisite for the carrying out of this act; provided always, that no more than five cents per mile for traveling expenses, or more than four dollars per day for such days only as he shall be in actual attendance upon the business of the College, including going to and returning from such sitting, be allowed to any member for such expenses and remuneration.

10. The examinations of the College may be conducted by the members of the council, or by persons appointed by them.

11. Subject to the rules, regulations and by-laws of the Ontario College of Pharmacy, the following persons and no others may be admitted as candidates for certificates of competency:

(a) Any person who shall furnish to the council of the College satisfactory evidence of having in pursuance of a binding contract in writing for that purpose, served as an apprentice to a regularly qualified pharmaceutical chemist for a term of not less than four years. And who has attended two courses of lectures, the first in any college of pharmacy or school of medicine approved by the council, and the second or senior course at the Ontario College of Pharmacy, (such courses to comprise the following subjects, namely, pharmacy, chemistry, materia medica, botany, and reading and dispensing prescriptions,) and who shall have attained the age of twenty-one years. The council shall have power to fix and determine from time to time a curriculum of studies to be pursued by the students.

SUB-SEC. 1. This section shall not apply to students who were registered as apprentices prior to the passing of this act.

SUB-SEC. 2. The period occupied in attending the first of the said two courses of lectures may be counted as part of the term of apprenticeship.

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(b) In case any person who has apprenticed himself as aforesaid, shall by reason of the death, failure in business, or removal of his employer, or from any other cause satisfactory to the council, be unable to complete his term of apprenticeship with such employer, such person shall be at liberty, when and as often as this may happen, to enter into a new contract to complete the remainder of his unfulfilled term with any other regularly qualified pharmaceutical chemist.

(c) Nothing in this section shall apply to any person who had, prior to the 25th day of March, 1884, begun his apprenticeship with a regularly qualified pharmaceutical chemist without such binding contract in writing.

12. Every person who may hereafter be desirous of becoming apprenticed as aforesaid, shall, before the term of his apprenticeship begins to run for the purpose of this act, furnish to the registrar of the College a certificate or other evidence satisfactory to the council, showing that prior to the commencement of his apprenticeship he had passed an examination in the following subjects:

ARITHMETIC AND MENSURATION-Reduction; simple and compound proportion; vulgar and decimal fractions; square root; areas of rectilineal figures; volumes of right parallelopipeds.

ALGEBRA Elementary rules; greatest common measure; least common multiple; fractions; simple equations of one unknown quantity.

Political, physical and mathematical geography.

English grammar and composition.

This section does not apply to matriculants in arts or medicine in any British or Colonial university or college, or to holders of second or third-class non-professional certificates issued by the Educational Department of Ontario; or to persons who produce evidence of having passed an examination at least equal to that for the latter; or to persons who have already commenced their apprenticeships, provided that application from such apprentices be made not later than twelve months from the passing of this

act.

13. It shall be the duty of the registrar to make and keep a correct register, in accordance with the provisions of this act, as shown in Schedule "B," of all persons who may be entitled to be registered under this act, and to enter opposite the names of all reg. istered persons who have died, a statement of such fact, and from time to time to make the necessary alterations in the addresses of persons registered under this act, and to cause to be printed and published on or before the fifteenth day of June of each year, an alphabetical list of the members who were on the first day of June of that year, entitled to keep open shop as pharmaceutical chemists.

14. Any person having passed such examination as aforesaid to the satisfaction of the council, shall be entered upon the roll of registered chemists and druggists, and shall become a member of the College.

15. All persons approved of by the 'council of the College, who hold diplomas from the Pharmaceutical Society of Great Britain, or certificates from any pharmaceutical college in the Dominion of Canada or elsewhere, may be registered as members of the Ontario College of Pharmacy without the examination prescribed by this act.

16. No name shall be entered in the register except of persons authorized by this act to be registered, nor unless the registrar is satisfied by proper evidence that the person claiming is entitled to be registered; and any appeal from the decision of the registrar may be decided by the council of the College, and any entry proved to the satisfaction of the council to have been fraudulently or incorrectly made, may be erased from or amended in the register by order of the council.

17. Upon any person being registered under this act, he shall be entitled to receive a certificate in the form of Schedule "D" or to the like effect, under the corporate seal of the College, and signed by the registrar.

18. There shall he payable to the registrar of the College, for the uses of the College, on the first day of May of each year, by every person registered and carrying on business as a pharmaceutical chemist, the sum of four dollars; provided, that in case such person shall carry on business in more than one locality the further sum of four dollars shall be payable by him, as aforesaid, for each additional place of business; and provided, also, that all employees or assistants who manage, or have charge of such additional places of business, shall be legally qualified pharmaceutical chemists.

19. Any person registered under this act, and no other person shall be entitled to be called a pharmaceutical chemist, and no other person, except a pharmaceutical chemist as aforesaid, or his employee or employees, shall be authorized to compound prescriptions of legally authorized medical practitioners; but no person shall be entitled to any of the privileges of a pharmaceutical chemist, or member of the College, who is in default in respect to any fees payable by him by virtue of this act.

20. Upon a resolution of the council of the College being passed, declaring that any person in consequence of his conviction for any offence or offences against this act, is, in the opinion of the council, unfit to be on the register under this act, the LieutenantGovernor-in-Council may direct that the name of such person shall be erased from the register, and it shall be the duty of the registrar to erase the same accordingly.

21. Every pharmaceutical chemist carrying on business on his own account shall display his certificate in a conspicuous position in his place of business.

22. Every person having been registered under this act or any former act, as a pharmaceutical chemist, shall, on retiring from business as a chemist, give the registrar notice in writing of the same, and his name shall be erased from the register of pharmaceutical chemists and he shall cease to enjoy any of the privileges of the College, and in default of such notice he shall remain liable for his annual registration fee; provided, that it shall be lawful for any such person to resume the business of chemist and druggist at any time after retiring therefrom as aforesaid, upon giving notice in writing to the registrar of the College of his intention so to do, and upon payment to him of the then current annual registration fee.

23. All compounds named in the British Pharmacopoeia shall be prepared according to the formula directed in the latest edition published “by authority" unless the College of Physicians and Surgeons of this Province select another standard, or unless the label distinctly shows that the compound is prepared according to another formula.

24. No person shall sell or keep open shop for retailing, dispensing or compounding poisons, or sell or attempt to sell any of the articles mentioned in Schedule "A" to this act, or assume or use the title of "Chemist and Druggist," or "Chemist," or "Druggist," or "Pharmacist," or "Apothecary," or "Dispensing Chemist, or "Dispensing Druggist," in any part of the Province of Ontario, unless such person is registered under this act, and unless such person has taken out a certificate under the provisions of section eighteen of this act, for the time during which he is selling or keeping open shop for retailing, dispensing or compounding poisons, or assuming or using such title; provided, that nothing in this act contained shall be taken to prevent the sale, by persons not registered in pursuance of this act, of Paris green, London purple, and other arsenical insecticides, so long as such articles are sold in well secured packages distinctly labelled with the name and address of the seller and marked "Poison," and a record of such sales is kept as required under the provisions of this act.

25. The several articles named or described in Schedule "A" shall be deemed to be poisonous within the meaning of this act, and the council of the Ontario College of Pharmacy hereinbefore mentioned, may from time to time by resolution declare, that any article in the resolution named ought to be deemed a poison within the meaning of this act, and thereupon the said council shall submit the same for the approval of the Lieutenant-Governor-in-Council, and if approval is given, then such resolution and approva

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shall be advertised in the Ontario Gazette, and on the expiration of one month from the advertisement the article named in the resolution shall be deemed to be a poison within the meaning of this act, and the same shall be subject to the provisions of this act, or such of them as may be directed by the Lieutenant-Governor-in-Council.

26. No person shall sell any poison named in the first part of Schedule "A," either by wholesale or retail, unless the box, bottle, vessel, wrapper or cover in which the poison is contained is distinctly labelled with the name of the article and the word "Poison," and if sold by retail, then also with the name and address of the proprietor of the establishment in which such poison is sold; and no person shall sell any poison mentioned in the first part of Schedule "A" to any person unknown to the seller unless introduced by some person known to the seller; and on every sale of any such article the person actually selling the same shall, before delivery, make an entry in a book to be kept for that purpose, in the form set forth in Schedule "C" to this act, stating the date of the sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is stated by the purchaser to be required, and the name of the person, if any, who introduced him, to which entry the signature of the purchaser shall be affixed.

27. No person shall wilfully or knowingly sell any article under the pretence that it is a particular drug or medicine which it is not in fact, and any person so doing (besides any other penalties to which he may be liable) shall be subject to the penalties prescribed by by section 28 of this act.

28. Any person transgressing any of the provisions of this act, or selling any poison in violation thereof, shall for the first offence incur a penalty of twenty dollars and costs of prosecution, and for each offence committed subsequent to such conviction, a penalty of fifty dollars and costs of prosecution, to be recovered in a summary manner before one or more Justices of the Peace or Police Magistrate, on the oath of one or more credible witnesses, one moiety to belong to the prosecutor and the other to be paid to the registrar for the use of the College.

29. In any prosecution under this act it shall be incumbent upon the defendant to prove that he is entitled to sell or keep open shop for compounding medicines or retailing poisons, and to assume the title of chemist and druggist, or other title mentioned in section twenty-four of this act, and to give evidence sufficient prima facie to prove that no unregistered person who personally takes any part whatever in selling or dispensing drugs or medicines is interested with him in his sales as chemist and druggist, and the production of a certificate purporting to be under the hand of the registrar and under the seal of the College, showing that he is so entitled, shall be prima facie evidence that he is so entitled, but nothing in this section or section 29 of the said act as amended hereby shall be construed as in any way amending or qualifying section 32 of the said act.

30. No person selling articles in violation of the provisions of this act shall recover any charges in respect thereof in any Court of Justice.

31. Nothing in this act contained shall extend to or interfere with the privileges conferred upon legally qualified medical practitioners by The Ontario Medical Act, provided that where such medical practitioner desires to carry on the business of a pharmaceutical chemist as defined by this act, he shall not be required to pass the examination prescribed by the College of Pharmacy, but he shall register as a pharmaceutical chemist, and comply with all other requirements of this act; nor shall anything in this act prevent any person whatsoever from selling goods of any kind to any person legally authorized to carry on the business of an apothecary, chemist or druggist, or the profession of a doctor of medicine, physician or surgeon, or veterinary surgeon, nor prevent the members of such professions supplying to their patients such medicine as they may require, nor interfere with the business of wholesale dealers in supplying poisons or other articles in the ordinary course of wholesale dealing.