14. (1) The Lieutenant Governor in Council may make regulations, (a) prescribing conditions to be met by products or by manufacturers of products in order to be designated as interchangeable with other products; (b) prescribing conditions to be met for a product to continue to be designated as interchangeable; (c) prescribing circumstances in which persons may charge more than their usual and customary dispensing fees; (d) defining any word or expression used in this Act but not defined in this Act.  2004, c. 7, s. 7; 2006, c. 14, s. 4 (1). (2)-(5) Repealed:  2006, c. 14, s. 4 (3). Regulations by college (6) Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council of the Ontario College of Pharmacists may make regulations, (a) prescribing the manner in which persons shall be informed of the right to request an interchangeable product; (b) prescribing the information to be included in a notice and the manner of posting a notice; (c) authorizing dispensing a drug in less than the entire quantity prescribed and specifying the conditions under which that authority is to apply; (d) designating specific drugs that are to be exempt from the application of subsection 9 (1); (e) prescribing the information concerning cost to be provided on sale and how it is to be provided; (f) requiring operators of pharmacies to retain specified records respecting their purchase of drugs for the purposes of this Act and prescribing the period of time those records shall be retained.  2004, c. 7, s. 7. Same (7) Where the Minister requests in writing that the Council of the Ontario College of Pharmacists make, amend or revoke a regulation under subsection (6) and the Council has failed to do so within 60 days after the request, the Lieutenant Governor in Council may make the regulation, amendment or revocation specified in the request.  2004, c. 7, s. 7. General or particular (8) A regulation made under this section may be general or particular in its application.  2004, c. 7, s. 7. Retroactive (9) A regulation is, if it so provides, effective with reference to a period before it is filed.  2006, c. 14, s. 4 (4). Public consultation before making regulations (10) The Lieutenant Governor in Council shall not make any regulation under subsection 12.1 (15) or clauses 14 (1) (a), (b) or (d) unless, (a) the Minister has published a notice of the proposed regulation on the website of the Ministry and in any other format the Minister considers advisable; (b) the notice complies with the requirements of this section; (c) the time periods specified in the notice, during which members of the public may exercise a right described in clause (11) (b) or (c), have expired; and (d) the Minister has considered whatever comments and submissions that members of the public have made on the proposed regulation in accordance with clause (11) (b) or (c) and has reported to the Lieutenant Governor in Council on what, if any, changes to the proposed regulation the Minister considers appropriate.  2006, c. 14, s. 4 (5). Contents of notice (11) The notice mentioned in clause (10) (a) shall contain, (a) a description of the proposed regulation and the text of it; (b) a statement of the time period during which members of the public may submit written comments on the proposed regulation to the Minister and the manner in which and the address to which the comments must be submitted; (c) a description of whatever other rights, in addition to the right described in clause (b), that members of the public have to make submissions on the proposed regulation and the manner in which and the time period during which those rights must be exercised; (d) a statement of where and when members of the public may review written information about the proposed regulation; and (e) all other information that the Minister considers appropriate.  2006, c. 14, s. 4 (5). Time period for comments (12) The time period mentioned in clauses (11) (b) and (c) shall be at least 30 days after the Minister gives the notice mentioned in clause (10) (a) unless the Minister shortens the time period in accordance with subsection (13).  2006, c. 14, s. 4 (5). Shorter time period for comments (13) The Minister may shorten the time period if, in the Minister’s opinion, (a) the urgency of the situation requires it; (b) the proposed regulation clarifies the intent or operation of this Act or the regulations; or (c) the proposed regulation is of a minor or technical nature.  2006, c. 14, s. 4 (5). Discretion to make regulations (14) Upon receiving the Minister’s report mentioned in clause (10) (d), the Lieutenant Governor in Council, without further notice under subsection (10), may make the proposed regulation with the changes that the Lieutenant Governor in Council considers appropriate, whether or not those changes are mentioned in the Minister’s report.  2006, c. 14, s. 4 (5). No review (15) Subject to subsection (16), a court shall not review any action, decision, failure to take action or failure to make a decision by the Lieutenant Governor in Council or the Minister under subsections (10) to (14).  2006, c. 14, s. 4 (5). Exception (16) Any person resident in Ontario may make an application for judicial review under the Judicial Review Procedure Act on the grounds that the Minister has not taken a step required by subsections (10) to (14).  2006, c. 14, s. 4 (5). Time for application (17) No person shall make an application under subsection (16) with respect to a regulation later than 21 days after the day on which the Minister publishes a notice with respect to the regulation under clause (10) (a).  2006, c. 14, s. 4 (5). Section Amendments with date in force (d/m/y) 1996, c. 1, Sched. G, s. 25 (1-3) - 27/05/1996; 1996, c. 1, Sched. G, s. 26 (1-4) - 27/05/1996 2004, c. 7, s. 7
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