Conflict of interest
 53. (1) Subject to subsections (2) to (5), a pharmacy is in a conflict of interest, (a) where a reasonable person knowing the relevant facts would conclude or perceive that the action of the pharmacy in relation to the dispensing, selling or compounding of a drug was adversely influenced or would likely have been adversely influenced by the financial interests of the pharmacy or of a related person or a related corporation; (b) where the pharmacy or a related person or a related corporation enters into an arrangement or agreement which a reasonable person knowing the relevant facts would conclude or perceive would likely have the effect of adversely influencing the exercise of a member’s professional judgment or influencing or impeding a member’s ability to engage in the practice of pharmacy in an ethical manner or in accordance with the standards of practice of the profession; (c) where the pharmacy or a related person or a related corporation enters into an arrangement or agreement which a reasonable person knowing the relevant facts would perceive as directly or indirectly influencing or encouraging a prescriber to promote the use of the pharmacy by a patient; or (d) where the pharmacy or a related person or a related corporation, (i) accepts or receives a benefit by reason of the referral of a patient to any other person, (ii) offers, makes or confers a benefit to a person by reason of the referral of a patient to the pharmacy, or (iii) offers, makes or confers a benefit to a patient in relation to the sale of a drug referred to in Schedule I or the provision of professional pharmacy services other than, (A) an adjustment in the fee or amount that would otherwise be charged by the pharmacy with regard to that patient for that drug or that professional pharmacy service, or (B) the provision to a patient, at no charge, of an item of a nominal value, to be used in maintaining or promoting well-being or health.  O. Reg. 58/11, s. 53 (1). (2) No conflict of interest arises under subclause (1) (d) (i) or (ii), (a) solely as a result of a referral by the pharmacy to a related person or a related corporation where, (i) no direct benefit is received by the pharmacy, and (ii) the nature of the relationship between the pharmacy and the related person or related corporation is fully disclosed to the patient at the time of the referral; or (b) solely as a result of a referral to a pharmacy from a related person or a related corporation where, (i) no direct benefit is conferred by the pharmacy, and (ii) the nature of the relationship between the pharmacy and the related person or related corporation is fully disclosed to the patient prior to the pharmacy providing pharmacy services.  O. Reg. 58/11, s. 53 (2). (3) No conflict of interest arises as a result of the rent payable in respect of the lease of premises in which the pharmacy is situated if the rent charged is normal and customary for the type of premises and the geographical area in which the premises are located.  O. Reg. 58/11, s. 53 (3). (4) No conflict of interest arises under clause (1) (a) by virtue of the pharmacy or a related person or a related corporation having a financial interest in the manufacturer, vendor or supplier of a drug included in Schedule I, II or III established under the Act, if, (a) the fact of the financial interest is appropriately disclosed to the patient prior to the pharmacy providing pharmacy services in relation to the drug; or (b) the manufacturer, vendor or supplier of the drug is a corporation, the shares of which are publicly traded through a stock exchange, and fewer than 25 per cent of the shares of the corporation are owned or controlled by the pharmacy, a related person or a related corporation, or any combination of them.  O. Reg. 58/11, s. 53 (4); O. Reg. 301/12, s. 4. (5) No conflict of interest arises under clause (1) (a) or (b) by virtue of a pharmacy or a related person or a related corporation accepting or receiving from a manufacturer, vendor or supplier of drugs, (a) a reasonable discount based on volume or prompt payment offered in the ordinary course of business; or (b) a benefit that is specifically permitted by an Ontario statute or regulation.  O. Reg. 58/11, s. 53 (5). PART X   RECORDKEEPING