Complaints & Issues of Concern

The College can address concerns involving a Pharmacy Professional registered in New Brunswick who: 

• fail to meet the requirements of the New Brunswick Pharmacy Act, 2014 (the Act), the Regulations, the Code of Ethics, Standards of Practice or Practice Directives; 

• pose a risk to the public due to poor pharmacy practice; 

• engage in inappropriate practice; and/or 

• have medical, physical, psychological, or other conditions that make them unfit, incapable, or unsafe to practise pharmacy. 

The following list includes concerns the College CANNOT receive complaints about and WILL NOT address: 

• concerns about another health-care professional; 

• pharmacy professionals or pharmacies located in another province; 

• non-health related services (e.g., customer service, postal outlets, bill payments); 

• fees charged for a service or medication; 

• a request for an apology from a Pharmacy Professional; 

• financial compensation; 

• other financial issues; and/or 

• labour relations matters. 

Anyone can communicate their concerns to the College regarding a pharmacy or a pharmacy professional, including: 

• patients; 

• individuals acting on behalf of patients (e.g., family members, care takers); 

• other health-care professionals; and 

• pharmacy professionals (e.g. an employer, colleague, or peer from another pharmacy). 

If your concerns remain unresolved after speaking with the Pharmacy Professional or to the pharmacy manager, you can:  

• submit a Notification of a Concern Form to the College; or 

• file a formal complaint with the Administrator of Complaints. 

Pharmacy Professionals may also contact the College to: 

• file a mandatory report form with the Registrar. 

You can contact the College by: 

• Email: info@nbpharmacists.ca
• Fax: 506-857-8838
• Mail: New Brunswick College of Pharmacists, 686 St. George Boulevard, Suite 200, Moncton, N.B., E1C 2C6 

Individuals (e.g. patients, representatives acting on their behalf, or other health-care professionals) and pharmacy professionals may notify the College informally in the following situations:  

• making the College aware of an incident that occurred; 

• questioning whether a certain practice at a pharmacy complies with the Act, the Regulations, the Code of Ethics, Standards of Practice, or Practice Directives; or 

• remaining anonymous (anonymous complaints cannot be filed through the formal Complaints Process). 

Pharmacy Professionals or other health-care professionals may also notify the College if they have concerns about the practice of another Pharmacy Professional. 

1. How to notify the College of a concern: 

• complete the Notification of a Concern Form; and 

• submit the completed form to the College via mail, email or fax (contact information provided in the section above How to communicate concerns to the College about safe pharmacy practice). 

 2. Information required by the College: 

• name* of the person making the notification and contact information (telephone number and email address); 

* Note: a name is required during the notification process so the College can follow up to obtain further information. To remain anonymous, names and identifying information will not be shared with the Pharmacy Professional involved. 

• patient’s name, the notifier’s relationship to the patient, and the reason the patient is not notifying the College themselves (if submitted on behalf of a patient); 

• name of pharmacy or Pharmacy Professional and address of the pharmacy; 

• date the incident occurred; and 

• details of the incident.  

3. After the College receives a completed Notification of a Concern Form: 

• the submitted information is reviewed, and the College may contact the individual who made the submission for additional details, if necessary; and 
• the matter is examined further (while all matters require different levels of investigation, this could include communicating with the Pharmacy Professional in question, conducting interviews, in-person visits of pharmacies, etc.).

Please note: the College will not report findings, decisions, or outcomes (e.g. resolution or actions taken) to the individual who submits a Notification of a Concern Form.  

Individuals (a patient, someone on their behalf, or other health-care professionals) and Pharmacy Professionals may file a complaint with the Administrator of Complaints (the "AoC") for concerns involving a Pharmacy Professional registered to practice in New Brunswick who: 

• has failed to meet the requirements of the Act, the Regulations, the Code of Ethics, Standards of Practice, or Practice Directives; 

• poses a risk to the public as a result of poor pharmacy practice; and/or 

• has practised pharmacy inappropriately. 

1. How to file a formal complaint with the AoC: 

• complete the Contact Information & Complaint Form; and 

• submit the completed form via mail, email or fax (contact information provided in the section above How to communicate concerns to the College about safe pharmacy practice).  

2. Information required by the AoC to begin the Formal Complaints Process: 

• name and contact information of the person filing the complaint (the Complainant); 

• patient’s name, the Complainant’s relationship to the patient and the reason the patient is not filing the Complaint themselves;  

  *Note: to file a complaint on behalf of another patient, provide a copy of the applicable legal documentation authorizing you to do so (e.g. Authorization, Power of Attorney);  

• name and address of the pharmacy (Find a pharmacy) or Pharmacy Professional (Find a pharmacy professional); and 

• date and details of the incident. 

Note: all complaints must be in writing [section 76(1)(a) of the Act]; no exceptions will be made to accept a complaint by telephone. 

3. After the AoC receives a completed Contact Information and Complaint Form: 

• the form is reviewed and the Complainant may be contacted for more information; 

• the form is shared with the pharmacy manager or Pharmacy Professional named in the complaint (the Respondent), who will have twenty-one (21) days to file a reply [section 78(1)(b) of the Act];

• once the respondent’s reply is received, it will be shared with the Complainant, who will have 10 days to provide clarification or more information;  

• if the Complainant provides further information, it will be shared with the Respondent who will be given another opportunity to reply; and

• both the Complainant and Respondent are given the opportunity to reply further until no additional information is added or requires clarification.

After all Complaint documentation (e.g. complaint, replies, supporting documents) is submitted to the AoC, it is reviewed to determine the appropriate course of action. 

The AoC’s decision options, as outlined in section 78(2) of the Act, include: 

• investigate: gather documentation, interview the complainant and respondent, and potentially share findings with the Complaints Committee or Discipline and Fitness to Practice Committee; 

• settle or dismiss: decisions to settle or dismiss are communicated to both the complainant and respondent. If the complainant is not satisfied, they may request a review by the Complaints Committee within 30 days; and/or

• refer to the Complaints Committee or Discipline and Fitness to Practice Committee.

A complaint can be referred to the Complaints Committee:  

• by the AoC [section 78(2)(c) of the Act];

• at the request of a dissatisfied Complainant following a decision by the AOC to dismiss or settle; or  

• by the Registrar following the interim suspension of a pharmacy professional’s licence [section 42(1)(b) of the Act] or of a pharmacy’s certificate of operation [section 66(1)(b) of the Act]. 

A complaint can be referred to the Discipline and Fitness to Practice Committee: 

• by the AoC [section 78(2)(d) of the Act]; 

• by the Complaints Committee [section 85(1)(f) of the Act]; or 

• by the Registrar following an interim suspension of a pharmacy professional’s licence [section 42(1)(b) of the Act].  

Council of the College (the "Council") appoints a Complaints Committee consisting of pharmacy professionals and lay representatives [section 82(1) of the Act]. The Complaints Committee sits in panels of at least three (3), one of which is a lay representative, and their decisions are made by a majority vote [section 83(1) of the Act].  

Complaints Committee meetings are held in private [section 104(2) of the Act]; however, the Complainant and/or the Respondent may be asked to attend [section 84 of the Act].  

Possible outcomes, as outlined in section 85(1) of the Act, include: 

• settle or dismiss a complaint;  

• caution, counsel or censure the Respondent; or  

• refer the matter to the AoC for further investigation or to the Discipline and Fitness to Practice Committee.  

Summaries of some matters are published on the College website: 

• Complaints Committee – Pharmacist on the Direct Client Care Register: LINK 

• Complaints Committee – Pharmacists on the Direct Client Care Register: LINK 

Council appoints a Discipline and Fitness to Practice Committee consisting of pharmacy professionals and lay representatives [section 91(1) of the Act]. The Discipline and Fitness to Practice Committee sits in panels of at least five (5), one of which is a lay representative, and their decisions are made by a majority vote [section 91(4) of the Act].  

Hearings of the Discipline and Fitness to Practice Committee are public [section 104(3) of the Act]. The Discipline and Fitness to Practice Committee hears and determines allegations of professional misconduct, incompetence or incapacity and matters referred to it following an interim suspension of a registrant’s licence or a pharmacy’s certificate of operation [section 92 of the Act].  

Possible outcomes, as outlined in section 99 of the Act, include: 

• dismissal of the complaint; or 

• orders or sanctions against the Respondent.  

Decisions of the Discipline and Fitness to Practice Committee are published on the Canadian Legal Information Institute (CanLII) website: LINK  

The College reports annually on the types of complaints that are filed and the methods of disposition. Click here to view the annual report of complaints. For previous years, please refer to the College Annual Reports. 

Mandatory reporting allows the College to investigate alleged misconduct, incompetence or incapacity that may place the public at risk. 

Pharmacy Professionals must report themselves or other Pharmacy professionals registered to practise in New Brunswick in the following situations: 

• termination of employment (reports to be filed by the employer); 

• breaches of or failure to meet the requirements of the Act, the Regulations, the Code of Ethics, Standards of Practice, or Practice Directives; 

• incompetence or poor pharmacy practices that put patients at risk; 

• incapacity, such as medical, physical, psychological, or other conditions that make them unfit, incapable, or unsafe to practise pharmacy, putting patients at risk; and/or

• sexual abuse of a patient or of another Pharmacy Professional. 

Pharmacy Professionals must report information to the College about themselves if: 

• they are the subject of the following by other regulatory bodies: 

• • an ongoing complaint or disciplinary matter, which can include an inquiry, an investigation, a proceeding, etc.; 

• • a disciplinary decision that did or could have resulted in: 

• • • a warning or a caution; 

• • • sanctions; 

• • • a settlement or an order of discipline with terms, conditions or limitations attached to their registration/licence; or 

• • • a suspension or revocation of their licence; 
  • decisions finding them guilty of an offence related to the practice of the profession and which did or could have led to criminal proceedings; 
• they were found guilty of a criminal offence; or 
• they know or suspect they are incapacitated and unable to practice safely. 

Self-reporting should be done as soon as the pharmacy professional is involved in one of the above circumstances. Failure to self-report and to continue to practise while knowing they are incapacitated is considered professional misconduct [section 69(1) “professional misconduct” (j) of the Act]. 

Pharmacy Professionals have an obligation to report other Pharmacy Professionals (e.g. an employer, colleague or peer from another pharmacy) to the College according to sections 70 - 72 of the Act in the following circumstances: 

• there is a change of ownership or control of a pharmacy operation; 

• a Pharmacy Professional believes that another health professional sexually abused a patient; 

• employers: 

• • terminate or suspend the employment of a Pharmacy Professional; or 

• • impose restrictions on the practice of a Pharmacy Professional for reasons of professional misconduct, incompetence or incapacity,

           or intended to do so but did not do so because the registrant resigned; 

• a Pharmacy Professional dissolved a partnership or association with another Pharmacy Professional for reasons of professional misconduct, incompetence, or incapacity; and 

• a Pharmacy Professional believes another Pharmacy Professional is unfit to practice. 

Failure to report about another Pharmacy Professional when the above circumstances exist is considered professional misconduct [section 69(1) “professional misconduct” (i) of the Act]. 

1. How to file a Mandatory Report with the Registrar: 

• complete the Mandatory Report Form; and 

• submit the completed form via mail, email or fax (contact information provided under the section above How to communicate concerns to the College about safe pharmacy practice). 

2. Information required by the College for mandatory reports: 

• name* and contact information of the Pharmacy Professional filing the report; 

* the name is required so the College can make contact to obtain further information; however, it will not be shared with the Pharmacy Professional being reported. 

• name of the pharmacy professional being reported; and 

• details of the concerns. 

 3. After the College receives a Mandatory Report Form: 

• the form is reviewed and the Pharmacy Professional who filed the report may be contacted for more information; and 

• the matter is examined further, and an investigation may be initiated [sections 117-118 of the Act] to assess patient risk. 

Note: the College will not report the findings or the outcome (decision, resolution, etc.) to the Pharmacy Professional who submits a Mandatory Report Form.