Change in pharmacy owner, major shareholder, or proprietor’s representative

According to the Pharmacy and Drug Act, proprietors own, manage, or direct the operation of the facility in which a licensed pharmacy is located and exercise a significant degree of control over the management and policies of the licensed pharmacy and the conduct of regulated members employed by the licensed pharmacy. The proprietor’s representative is the individual who is either the owner or the designated representative of the owner(s) who fulfils the responsibilities and obligations of a proprietor in accordance with the Pharmacy and Drug Act. Applicants to be a proprietor’s representative do not have to be a pharmacist but must submit an Enhanced Police Information Check and complete the Proprietor’s Self-Assessment or Part B of the Licensee Education Program (LEP). If the proprietor’s representative is a regulated member with ACP, they must be in good standing (i.e., no outstanding complaints or conditions or restrictions on their practice permit).

When there is a sale of pharmacy assets to a new person or entity, or a sale or reorganization of the corporation or major shareholders (20 per cent or more voting shares) who own the pharmacy, this is considered a proprietorship change. Changes to the owner(s), major shareholders (20 per cent or more voting shares), or proprietor’s representative of the pharmacy require advanced notice and approval from ACP. If requesting a change, the licensee or proprietor’s representative should submit a completed application as indicated below at least 45 days prior to the intended change.

To apply for a proprietorship change, the licensee or proprietor’s representative must follow these steps regarding the new proprietor:

1. Prepare your supporting documentation. All documentation must be in PDF.
   1. Complete the proprietor form.
      • The Statutory Declaration for the proprietor’s representative must be declared before a notary public or a commissioner for oaths within the past six months. Out of province declarants must use a notary public.
   2. Obtain an Enhanced Police Information Check for the proprietor’s representative that was completed within the past six months.
   3. Provide a Statement of Completion for the Proprietor’s Self-Assessment or Part B of the Licensee Education Program (LEP).
      • The proprietor’s representative must complete the Proprietor’s Self-Assessment or Part B of the LEP. This applies even if you are or were previously a proprietor’s representative of a pharmacy (including if you are on maternity leave for the same pharmacy). If the proprietor’s representative has already completed it, they do not have to redo the program.
   4. If the proprietor’s representative has been a registered member with any regulated profession in Canada in the past 10 years, they must provide a letter of standing from the other jurisdiction(s).

If there are changes to the owner(s) or major shareholders (20 per cent or more voting shares), the following supporting documentation is also required:

5. A floor plan showing the physical facilities, space, and layout of the licensed pharmacy. This plan must comply with the floor plan requirements guide, and any submissions that do not comply with this guide will be rejected.
6. Corporate documents if the new owner is a corporation.
   • Corporation’s proof of filing (last annual return) showing
     • the names and addresses of the directors of the corporation;
     • the names and addresses of each major shareholder, including percentage of voting shares; and
     • any changes made since filing this last Annual Return must be submitted.
   • If you are a new corporation and have not yet had to file an annual return, submit a copy of your certificate of incorporation showing the names and addresses of all the directors of the corporation and the names and addresses of each major shareholder.
   • The information on your proof of filing or certificate of incorporation must match the owner and major shareholder information as indicated for the pharmacy.
   • The floor plan and corporate documents are not required if you are only applying for a change in proprietor’s representative.

2. Complete and submit the application to change the proprietor (in myACP). This may be completed by either the licensee or the proprietor’s representative.
   • All applications can be found in the Catalog. The application will require you to upload the supporting documentation prepared in step 1.

3. Provide your payment.
   • Once you submit your application, you will be required to provide payment. The college’s fees are outlined in the ACP fee schedule. Only the following payment methods will be accepted:
     • Visa, and
     • Mastercard.
   • Your application is not complete until the application, all supporting documentation, and payment has been submitted. Currently, there is no fee for a proprietor’s representative change.

4. Application decision.
   • Complete applications are reviewed in the order in which they are submitted and may take up to 15 business days to assess and process. Incomplete applications will result in further delays. 
   • ACP will notify you via email once a decision has been made or if we have any questions regarding your application.

Considerations before you purchase an existing pharmacy

Questions to ask the licensee

• Are there any conditions on the pharmacy licence?
• Does the pharmacy meet the foundational requirements? You should assess the pharmacy using the Pharmacy inspection compliance checklist.
• Does the pharmacy meet all applicable compounding standards?
• Review the most recent pharmacy inspection. Are there any outstanding action items from previous action reports or directed by the registrar?
• Are there any outstanding renovations that have been applied for or directed that require a post-renovation inspection?
• Are there any renovations or changes in service needed at the pharmacy that require ACP approval?
• Does the layout of the pharmacy match the floorplan ACP has on file?
• Does the pharmacy share premises with another business or health care professional? If so, have there been any issues with the pharmacy being able to operate independently?
• Has ACP approved storage of records outside of the dispensary?