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The Dental Association Act
This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

This version is current as of August 19, 2016.
It has been in effect since October 9, 2008.

Note: Earlier consolidated versions are not available online.


 

C.C.S.M. c. D30

The Dental Association Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"association" means the Manitoba Dental Association; (« Association »)

"board" means the Board of Directors of the association; (« conseil »)

"by-laws" means the by-laws of the association made under section 9; (« règlements administratifs »)

"certificate of registration" means a certificate of registration issued by the registrar to a dental assistant under subsection 15.2(2); (« certificat d'inscription »)

"court" means the Court of Queen's Bench of Manitoba; (« tribunal »)

"dental assistant" means an individual who is registered as a dental assistant under this Act; (« assistante dentaire »)

"dental corporation" means a corporation holding a valid permit; (« cabinet de dentistes »)

"dentist" means an individual qualified to practise dentistry; (« dentiste »)

"licence" means a licence issued by the registrar to a dentist under subsection 15(2); (« licence »)

"licensed" means holding a licence or permit that has not expired, is not currently suspended and has not been surrendered or cancelled; (« autorisé »)

"member", unless the context otherwise requires, means an individual who is registered on the Manitoba Dental Register established under section 10; (« membre »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"permit" means a certificate issued by the registrar to a dental corporation under subsection 23.3(1); (« permis »)

"public representative" means an individual who is not registered or licensed under this Act and who is not, and has never been, a member of a profession that is related to the practice of dentistry; (« représentant du public »)

"specialist" means a dentist having expert knowledge and skill in a field of specialized practice recognized by the board; (« spécialiste »)

S.M. 1999, c. 41, s. 20; S.M. 2001, c. 38, s. 1; S.M. 2005, c. 52, s. 2; S.M. 2008, c. 42, s. 21.

PRACTICE OF DENTISTRY

Persons deemed practising dentistry

2(1)        A person shall be conclusively deemed to be practising dentistry within the meaning of this Act who

(a) performs any such operation or gives or renders any such treatment, advice, service or attendance as is usually performed, given or rendered by a dentist; or

(b) performs or attempts or professes to perform an operation of any kind on, or treats or attempts or professes to treat a disease, disorder, affection or lesion, of the oral cavity, teeth, maxillary or mandibular bones, related soft tissues and contiguous structures of a human being or corrects or attempts or professes to correct a malposed position thereof or makes any examination or diagnosis thereof with intent to perform any such operation or to treat any such disease, disorder, affection or lesion or to correct any such malposed position; or

(c) extracts, repairs, fills or crowns or attempts or professes to extract, repair, fill or crown a tooth of a human being; or

(d) fits or inserts or attempts or professes to fit or insert in the mouth of a human being or takes or attempts or professes to take an impression for an artificial tooth or teeth or bridge or fixture or appliance for the restoration, regulation or improvement of the dental organs or any part thereof or supplies or offers to supply to the public artificial teeth, dentures or repairs therefor; or

(e) makes, produces, reproduces, fits, constructs, furnishes, supplies, alters or repairs any prosthetic denture, bridge, appliance or thing to replace, improve or supplement any human tooth or to prevent, alleviate, correct, or improve any condition of the oral cavity or to be used in, upon or in connection with any human tooth, jaw or associated structure or tissue or in the treatment of any condition thereof or gives any advice or assistance in connection therewith; or

(f) by sign or circular pamphlet or newspaper or in any way whatsoever advertises or indicates or authorizes or knowingly permits it to be advertised or indicated that he or she does or will personally or by his or her servants, agents or employees practise dentistry within the meaning of this Act; or

(g) manages or conducts as proprietor, owner, or otherwise, a place where dentistry is practised.

Unauthorized practice

2(1.1)      Except as otherwise provided in subsections (2) to (4), no person other than a licensed member or dental corporation shall for hire, gain, or hope of reward practise or profess to practise dentistry in the province, and a licensed member or dental corporation shall practise dentistry in the province only as authorized by or under this Act, the by-laws of the association and the member's licence or the corporation's permit.

Practice for unauthorized persons

2(1.2)      No member shall, as employee, assistant, agent, partner, shareholder or otherwise, practise dentistry under the express or implied control of, or for the benefit, profit or advantage of, any person other than a licensed member or a dental corporation.

Unlicensed and unregistered person not to act as proprietor, etc., in office of dentist

2(1.3)      No person who is not a licensed member or a dental corporation shall

(a) use the word "dentist", or other letters or titles in connection with the person's name that in any way would represent the person as being engaged in the practise of dentistry;

(b) by sign or circular, pamphlet, newspaper, or in any way whatsoever, advertise or indicate or authorize or knowingly permit it to be advertised or indicated that the person does or will, directly or through the person's servant, agent or employee, practise dentistry; or

(c) manage or operate as proprietor, owner, or otherwise a place where dentistry is practised or dental operations are performed.

Employment permitted

2(1.4)      This section shall not be construed so as to prohibit a licensed member or dental corporation from

(a) employing a person who is not licensed member to manage the member's or corporation's office; or

(b) renting office space, equipment or services from a person who is not a licensed member or a dental corporation.

Entitlement to payment

2(1.5)      No person is entitled to recover in any court of law payment for any professional services rendered by the person, or an employee of the person, as a dentist unless the person was licensed at the time the services were rendered.

Exceptions

2(2)        Subject to any by-laws made under clause 9(1)(i), nothing in this Act prohibits

(a) an employee of a licensed member or of a dental corporation from practising dentistry in the office of the member or dental corporation and under the effective supervision and control of a licensed member; or

(b) a dental assistant, at the request of a licensed member or dental corporation and under the effective supervision and control of a licensed member, from performing duties or functions for which the dental assistant has been formally trained.

Work by students

2(3)        The provisions of this Act do not prevent the performance of work or services by a student or an intern at the direction of and under the supervision and control of a member of the Faculty of Dentistry of the University of Manitoba, who is or could be licensed, whether within the premises of the Faculty or elsewhere in the Province provided that the work or services performed are a part of a project or undertaking of the Faculty of Dentistry and not a part of the private practice of such member of the Faculty.

Authorized services not prohibited

2(4)        The provisions of this Act do not prevent the performance of work or services authorized by any other Act of the Legislature or the Parliament of Canada by persons registered or licensed thereunder.

Responsibility of dentist

2(5)        A dentist under whose supervision or control an employee, including a dental assistant, performs any service, does any work or makes any thing referred to in subsection (1) for any person shall be as fully responsible to that person as if such service or work or thing had been performed or done or made by the dentist.

S.M. 1999, c. 41, s. 21; S.M. 2005, c. 52, s. 3.

THE MANITOBA DENTAL ASSOCIATION

Corporate status and name

3           "The Manitoba Dental Association" is continued as a body corporate.

Membership

4           Every individual registered and licensed as a dentist in accordance with this Act or any former Act of the Legislature relating to the profession of dentistry and whose name has not been erased from the register or whose licence has not been suspended is a member of the association.

S.M. 1999, c. 41, s. 22; S.M. 2005, c. 52, s. 4.

Power of board

5           The board has the powers, rights and privileges conferred upon and vested in corporations by section 21 of The Interpretation Act and in addition it may

(a) establish and support or aid in the establishment and support of funds, trusts and conveniences calculated to benefit members, employees or ex-employees of the association or the dependants or relatives of such persons and grant pensions and allowances and make payments toward insurance or pensions for those persons;

(b) subscribe, apply or guarantee payment of money for the advancement of dental education or research or for objects considered by the board beneficial to or in the interests of the public and the dental profession;

(c) establish and award scholarships and prizes;

(d) print, publish, sell or distribute reports of members of the association and such other information or material as the board may determine;

(e) purchase, acquire, take, hold, possess and enjoy any land, tenements or hereditaments and personal property and sell, mortgage, lease or dispose of the same;

(f) collect and accept moneys in trust to be used to further the purposes and objects of the association;

(g) invest any money belonging to it or held by it in trust in stocks, bonds or debentures eligible for investment by insurance companies under the Insurance Companies Act (Canada);

(h) establish and maintain libraries;

(i) establish and maintain professional standards of dental practice;

(j) establish a student loan fund to assist students attending the Faculty of Dentistry, University of Manitoba, to complete their education or otherwise as the board may direct.

S.M. 1996, c. 64, s. 7; S.M. 2000, c. 26, s. 56.

Board to manage affairs

6(1)         The business and affairs of the association shall be managed and conducted by a board composed in accordance with this section.

Composition of the board

6(2)        The board must consist of at least 11 persons who are either members of the association, dental assistants or public representatives and who are elected or appointed in accordance with the by-laws.

Dental assistant

6(3)        At least one member of the board must be a dental assistant.

Public representatives

6(4)        At least 1/3 of the members of the board must be public representatives appointed to the board by the minister.

Past president

6(5)        The immediate past president of the association must be a member of the board.

S.M. 1999, c. 41, s. 23; S.M. 2005, c. 52, s. 5.

Officers of the association

7           The board shall

(a) annually elect a president and a vice-president from amongst its members; and

(b) appoint a registrar from amongst the members of the association and a secretary and a treasurer and such other officers as may from time to time be necessary for carrying out the purposes and objects of the association to hold office during the pleasure of the board.

Committees

8           The board may appoint annually from amongst its members an executive committee and from amongst members of the association from time to time such other committees as may be necessary and desirable.

Function and duties of board

9(1)        The board shall govern, determine, control and administer the affairs of the association and without limiting the generality of the foregoing may

(a) exercise disciplinary jurisdiction over members, dental assistants and dental corporations;

(b) provide for inquiries or investigations by the board or a committee thereof for the purpose of ascertaining whether the by-laws of the association have been or are being complied with, and for the purposes of this section may enter and search any premises where a member or dental corporation carries on the practice of dentistry;

(c) repealed, S.M. 2005, c. 52, s. 6;

(d) prescribe and determine the consequences to any member, dental assistant or dental corporation for the non-observance of any of the by-laws of the association and determine in which cases the non-observance constitutes professional misconduct or unbecoming conduct;

(e) make or cause to be made any contract or agreement into which the association may by law enter;

(f) suspend the licence, certificate of registration or permit of any member, dental assistant or dental corporation and strike from the register the name of any member, dental assistant or dental corporation who has not paid a fee or penalty due under this Act or the by-laws, and impose terms for the reinstatement of the licence, certificate of registration or permit if the fee or penalty is paid;

(g) authorize a committee of the board to exercise and carry out any of the powers, authorities, rights, privileges and duties conferred or imposed upon the board by this Act; but any committee, including the executive committee, appointed by the board to inquire into the conduct of a member may not impose any penalty of any kind upon the member, but shall report to the board the result of the inquiry;

(h) make by-laws for the exercise and carrying out of the powers, authorities, rights, privileges and duties conferred or imposed upon the board or the association by this Act;

(i) make by-laws prohibiting the delegation by a member of certain duties or functions which in the opinion of the board require the professional knowledge and skill of a dentist;

(j) make by-laws for the registration in such fields of specialized practice as may be recognized by the board including by-laws limiting any person so registered from practising in any other field of dentistry, or limiting any person not so registered from advertising or indicating that he or she is engaged or entitled to engage in such specialized practice;

(j.1) make by-laws establishing the qualifications required to be registered on the dental assistants register under section 15.2;

(k) establish the standards of continuing education which may be required of members as a prerequisite for the issuing of an annual licence, and of dental assistants as a prerequisite for the issuing of an annual certificate of registration.

Board may make by-laws

9(2)        Without limiting the generality of subsection (1) the board may make by-laws to provide for

(a) the management of the affairs of the association including the keeping of registers, the appointment of members of committees, the election and appointment of officers and the calling, holding and conduct of meetings of the association, the board and of committees;

(a.1) the establishment of different classes of membership, the qualifications for membership in each class, and the rights, privileges, restrictions and conditions attaching to each class;

(b) the fees to be paid by members, dental assistants, corporations and others to the association, including fees to be paid by applicants upon registration, the fees for annual licences, certificates of registration or permits, and if deemed advisable designating different fees for different classes of registration, licences, certificates of registration or permits;

(c) the regulation from time to time of the relationship between the association and the Canadian Dental Association;

(d) the remuneration to be paid members of the board or committees thereof for attending meetings of the board or committees thereof;

(e) the nomination of candidates for election to the board, the manner of voting for members of the board and the conduct and regulation of election of members of the board, and the filling of vacancies on the board;

(e.1) the division of the province into electoral districts, the boundaries of the electoral districts and the number of board members to be elected from each district;

(f) the amount of salary or honorarium to be paid to officers of the association;

(g) the fees to be charged for the use of any library of the association;

(h) the duties and responsibility of committees of the board;

(i) the duties and functions to be performed by the officers of the association;

(j) the maintenance and the keeping of the registers established under section 10;

(k) the regulation of the practice of dentistry by dental corporations including, without limitation, by-laws

(i) respecting the application for, issuance, expiry and renewal of permits, including conditions that must be met before a permit may be issued or renewed and setting the fees for the issuance or renewal of permits,

(ii) respecting notification of changes required under section 23.7,

(iii) prescribing conditions or restrictions that may be imposed on licenses,

(iv) respecting procedures for the issuance, renewal, suspension or cancellation of permits, or the imposition of restrictions on permits,

(v) respecting names by which dental corporations or partnerships referred to in section 23.2 may be known or under which they may practice;

(l) the requirements respecting the professional liability protection that a licensed member, a dental assistant or a dental corporation must carry, including from whom the professional liability protection must be obtained.

Conduct of business by resolution

9(3)        The board may conduct the ordinary and usual business of the association by resolution of the board but in any matter which involves unusual expenditures of money in amounts exceeding $2,000. or which involve the membership of the association in contracts for periods in excess of one year the board shall act under the authority of a by-law passed in accordance with this Act.

S.M. 1999, c. 41, s. 24; S.M. 2005, c. 52, s. 6; S.M. 2008, c. 42, s. 21.

REGISTERS

Registers

10(1)       The registrar shall maintain the following registers:

(a) the Manitoba Dental Register, on which shall be registered the names and qualifications of the individuals registered under section 15 or any former Act referred to in section 4;

(b) the dental corporations register, on which shall be registered the names of corporations that have been issued permits under section 23.3; and

(c) the dental assistants register on which shall be registered the names and qualifications of the individuals registered under section 15.2.

Information in registers

10(2)       Each register shall include

(a) the business address and business telephone number of the registered person;

(b) any practice restrictions or other conditions imposed on the registered person's licence, certificate of registration or permit;

(c) a notation of every suspension or cancellation of registration, or of a licence, a certificate of registration or a permit;

(d) in the case of the Manitoba Dental Register and the dental assistants register, the result of every disciplinary proceeding in which a panel has made a finding under section 27.5; and

(e) any other information prescribed by the by-laws of the association.

Incorrect entries

10(3)       An entry in a register proved to the satisfaction of the board to have been incorrectly or erroneously made may be amended or deleted from the register by order of the board.

Certificate of registrar as evidence

10(4)       A certificate signed by the registrar under the seal of the association certifying that any thing is or is not recorded in a register is admissible in evidence as prima facie proof of the matter certified without proof of the signature or appointment of the registrar or of the seal of the association.

S.M. 1999, c. 41, s. 25; S.M. 2005, c. 52, s. 7; S.M. 2008, c. 42, s. 21.

11          Repealed.

S.M. 1999, c. 41, s. 26.

Inspection of register

12          Each register shall be open to inspection by any person during reasonable business hours.

S.M. 1999, c. 41, s. 27.

REGISTRATION AND LICENSING

13          Repealed.

S.M. 1999, c. 41, s. 29; S.M. 2001, c. 38, s. 1.

Qualifications for registration as a dentist

14(1)       A person is qualified to be registered as a dentist if the person

(a) is a graduate of a dental education program approved by the board;

(b) passes any examinations that the board may require;

(c) establishes that his or her name has not been removed for cause from a register, in Canada or elsewhere, of persons authorized to engage in the practice of dentistry;

(d) establishes that he or she has not been suspended as a result of professional misconduct by a regulatory authority governing the practice of dentistry in Canada or elsewhere; and

(e) meets any other requirements set out in the by-laws.

Approval despite prior suspension etc.

14(2)       Despite clauses (1)(c) and (d), a person is not disqualified solely because his or her registration as an dentist has previously been revoked or suspended.

S.M. 1999, c. 41, s. 30; S.M. 2001, c. 38, s. 1; S.M. 2005, c. 52, s. 9.

Eligibility for registration on the Manitoba Dental Register

15(1)       Every individual who meets the qualifications for registration under section 14 of this Act is entitled, upon application to the registrar, payment of the prescribed fee and providing to the registrar evidence satisfactory to the registrar of his or her qualifications, to be registered on the Manitoba Dental Register and to have particulars of his or her qualifications entered on the register.

Form of licence

15(2)       Every member of the association shall be entitled to receive at the time of first registration, and thereafter upon paying the fees for an annual licence and providing evidence satisfactory to the registrar of having met any continuing education requirements prescribed under clause 9(1)(k), a licence in the form approved by the board and may use the title "Licentiate of Dental Medicine".

S.M. 1999, c. 41, s. 31; S.M. 2005, c. 52, s. 10.

Registration if emergency

15.1(1)     Despite anything in this Act or the regulations, the board may waive any requirements for registration under this Act and the regulations to allow a person who is authorized to practise dentistry in another jurisdiction in Canada or the United States to practise dentistry in the province during an emergency if the minister gives the board written notice that

(a) a public health emergency exists in all or part of the province; and

(b) he or she has determined, after consulting with public health officials and any other persons that the minister considers advisable, that the services of a dentist from outside the province are required to assist in dealing with the emergency.

Emergency need not be declared

15.1(2)     The board may exercise its authority under subsection (1) even if no emergency has been declared under an enactment of Manitoba or Canada.

Licence

15.1(3)     If necessary to carry out the intent of this section, the board may authorize the registrar to issue a licence to a person allowed to practise under subsection (1), on such terms and conditions as the board may determine.

S.M. 2005, c. 39, s. 7.

Eligibility for registration on the dental assistants register

15.2(1)     An individual who meets the qualifications for registration as a dental assistant in the by-laws is entitled to be registered on the dental assistants register and to have particulars of his or her qualifications entered on the register if he or she

(a) submits a completed application form to the registrar;

(b) provides evidence of his or her qualifications satisfactory to the registrar; and

(c) pays the fee required by the by-laws.

Certificate of registration

15.2(2)     A dental assistant is entitled to receive a certificate of registration, in a form approved by the board, at the time of first registration and thereafter to receive an annual certificate of registration when he or she has paid the fees for renewal of registration and has provided evidence satisfactory to the registrar that any continuing education requirements prescribed under clause 9(1)(k) have been met.

Permitted use of title

15.2(3)     A dental assistant may use the title "Registered Dental Assistant".

S.M. 2005, c. 52, s. 11; S.M. 2008, c. 42, s. 21.

Persons convicted ineligible for registration

16(1)       Subject to subsection (2) any person who has been convicted of an offence under the Criminal Code (Canada), the Narcotic Control Act, the Food and Drugs Act or any other statute of the Parliament of Canada or the Legislative Assembly of the Province of Manitoba by any court of competent jurisdiction may be refused registration hereunder and the board may erase from a register the name of any member of the association or dental assistant who has been so convicted.

Registration not to be refused

16(2)       The registration of a person shall not be refused and the name of a person shall not be erased on account of a conviction for an offence that in the opinion of the board either from the nature of the offence or from the circumstances under which it was committed should not disqualify that person from being or becoming a member of the association or being registered as a dental assistant.

S.M. 1999, c. 41, s. 32; S.M. 2005, c. 52, s. 12.

Registrar to rule on registrations

17(1)       No person is entitled to have his or her name on a register unless the registrar is satisfied by proper evidence that the person is entitled to be registered.

Where registration refused

17(2)       Where registration of an applicant is refused by the registrar the applicant may appeal the decision of the registrar to the board.

S.M. 2005, c. 52, s. 13.

18          Repealed.

S.M. 1999, c. 41, s. 33.

Minors not to be registered

19          No person under the age of 18 years shall be registered under this Act.

20 to 23    Repealed.

S.M. 1999, c. 41, s. 34.

PROFESSIONAL CORPORATIONS

Definitions

23.1        In this section and sections 23.2 to 23.9,

"voting share", in relation to a corporation, means a share of its capital stock that entitles the holder to vote in any election of directors of the corporation; (« action avec droit de vote »)

"voting shareholder", in relation to a corporation, means a person who owns a voting share of the corporation or is a voting shareholder of another corporation that owns a voting share of the corporation. (« actionnaire avec droit de vote »)

S.M. 1999, c. 41, s. 35.

Dental corporation may practise

23.2        A dental corporation may practise dentistry through one or more licensed members

(a) under its own name; or

(b) under a name approved by the registrar in accordance with the by-laws of the association, as a member of a general partnership of dental corporations or of dental corporations and licensed members.

S.M. 1999, c. 41, s. 35.

Corporate permit

23.3(1)     Subject to subsection (2), the registrar shall issue a permit or a renewal of a permit to a corporation if he or she is satisfied that

(a) the corporation is incorporated, formed by amalgamation or continued under The Corporations Act and is in good standing under that Act;

(b) the name of the corporation includes the words "dental corporation";

(c) each voting share of the corporation is legally and beneficially owned by a licensed member or a dental corporation;

(d) each other share in the capital stock of the corporation is both legally and beneficially owned by a person who is

(i) a voting shareholder of the corporation,

(ii) a spouse, common-law partner or child, within the meaning of the Income Tax Act (Canada), of a voting shareholder of the corporation, or

(iii) a corporation each share of the capital stock of which is legally and beneficially owned by a person referred to in subclause (i) or (ii);

(e) each director of the corporation is a licensed member;

(f) the president of the corporation is a licensed member;

(g) each person through whom the corporation will be practising dentistry is

(i) a licensed member, or

(ii) an employee, including a dental assistant, acting under the effective supervision and control of a licensed member through whom the corporation will be practising dentistry;

(h) the corporation has filed an application, in the form prescribed by the board, and paid the fee prescribed by the board, for the permit or renewal of the permit; and

(i) all other requirements prescribed by the board for the issuance or renewal of the permit have been satisfied.

Refusal to issue or renew permit

23.3(2)     The registrar

(a) shall refuse to issue a permit to, or to renew the permit of, a corporation if the registrar is not satisfied by proper evidence that the corporation is eligible for the permit; and

(b) may refuse to issue a permit to, or to renew the permit of, a corporation if

(i) a permit issued to the corporation under this Act has been cancelled, or

(ii) a director, officer or shareholder of the corporation is or has been a director, officer or shareholder of a corporation whose permit under this Act has been cancelled.

Notice of refusal

23.3(3)     When the registrar refuses to issue or renew a permit under subsection (2), the registrar shall inform the corporation in writing of his or her decision and the reasons for the decision.

Appeal to board

23.3(4)     A corporation that is refused a permit or renewal of a permit under subsection (2) may appeal the registrar's decision to the board, which may confirm or vary the decision of the registrar.

S.M. 1999, c. 41, s. 35; S.M. 2002, c. 24, s. 18; S.M. 2005, c. 52, s. 14.

Validity of permit

23.4        Unless it is cancelled, surrendered or under suspension, a permit is valid for the period specified in the permit.

S.M. 1999, c. 41, s. 35.

Business without permit prohibited

23.5(1)      A corporation whose name contains the words "dental corporation" shall not carry on any business in the province unless it holds a valid permit.

Restriction on business of dental corporation

23.5(2)     A dental corporation shall not carry on any business or activity other than the practice authorized by the permit and the provision of other services directly associated with that practice.

Interpretation of business restriction

23.5(3)     Subsections (1) and (2) shall not be construed so as to prohibit a dental corporation from investing its funds in real property, other than for development purposes, or in stocks, mutual funds, debt obligations, insurance, term deposits or similar investments.

Validity of corporate act

23.5(4)     No act of a corporation, including a transfer of property to or by the corporation, is invalid merely because it contravenes subsection (1) or (2).

S.M. 1999, c. 41, s. 35.

Voting agreements void

23.6(1)     An agreement or proxy that vests in a person who is not a licensed member the authority to exercise any voting right attached to a share of a dental corporation is void.

Unanimous shareholders' agreements void

23.6(2)     A unanimous shareholders' agreement within the meaning of subsection 140(2) of The Corporations Act in respect of a dental corporation is void unless each shareholder of the corporation is a licensed member or a dental corporation.

S.M. 1999, c. 41, s. 35.

Notification of changes

23.7        Every dental corporation shall notify the registrar, within the time and in a form and manner prescribed by the board, of every change in the voting shareholders, the other shareholders, the directors and the president of the corporation.

S.M. 1999, c. 41, s. 35.

Application of Act and by-laws

23.8(1)     This Act and the by-laws of the association apply to a member despite any relationship he or she may have with a dental corporation.

Obligations to clients not diminished

23.8(2)     The fiduciary and ethical obligations of a member, and the obligations of a member respecting confidentiality, to a person receiving professional services

(a) are not diminished by the fact that the services are provided on behalf of a corporation; and

(b) apply equally to a corporation on whose behalf the services are provided and to its directors, officers and shareholders.

Liability of member

23.8(3)     The liability of a member to a person receiving professional services is not affected by the fact that the services are provided on behalf of a corporation.

Liability and voting shareholders

23.8(4)     A person is jointly and severally liable with a dental corporation, or a corporation acting in contravention of section 2, for all professional liability claims made against the corporation in respect of errors or omissions that were made or occurred while the person was a voting shareholder of the corporation.

Effect of member's conduct on dental corporation

23.8(5)     If the conduct of a member through whom a dental corporation was providing professional services at the time the conduct occurred is the subject of a complaint, investigation or inquiry,

(a) any power of inspection, investigation or inquiry that may be exercised in respect of the member or the member's records may be exercised in respect of the corporation or its records; and

(b) the corporation is jointly and severally liable with the member for all fines and costs the member is ordered to pay.

Member's practice restrictions apply to corporation

23.8(6)     Any restriction imposed on the professional practice of a member through whom a dental corporation practises applies to the permit of the corporation in relation to its practice through that member.

S.M. 1999, c. 41, s. 35; S.M. 2005, c. 52, s. 15.

Grounds for suspension or cancellation of permit

23.9(1)     Subject to subsection (2), a corporation's permit may be cancelled or suspended by the board if

(a) the corporation ceases to meet any of the requirements set out or referred to in subsection 23.3(1);

(b) the corporation contravenes any provision of this Act or the by-laws of the association; or

(c) a member, in the course of providing professional services on behalf of the corporation, does or fails to do anything as a result of which the member's permit is cancelled, surrendered or suspended.

Limitation

23.9(2)     A dental corporation's permit shall not be cancelled or suspended by reason only of the fact that

(a) one or more shares of the corporation have vested in

(i) an executor or administrator of the estate of an individual as a consequence of the death of the individual, or

(ii) a trustee in bankruptcy on the bankruptcy of the owner of the shares,

unless the individual or owner was the only member through whom the corporation was practising dentistry or the shares continue to be vested in the executor, administrator or trustee for more than 180 days or any longer period allowed by the registrar;

(b) the former spouse or common-law partner of a voting shareholder continues to own a share of the corporation after the end of their marriage or common-law relationship;

(c) a member's right to practise has been temporarily suspended, unless

(i) the member remains a director or officer of the corporation more than 14 days after the suspension, or

(ii) the corporation is not practising through any other member; or

(d) an individual has ceased to be a member, unless

(i) the individual remains a director or officer of the corporation more than 14 days after ceasing to be a member,

(ii) the individual remains a voting shareholder of the corporation for more than 90 days after ceasing to be a member, or for any longer period allowed by the board, or

(iii) the corporation is not practising through any other member.

Alternative to cancellation or suspension

23.9(3)     Instead of suspending or cancelling the permit of a dental corporation, the board may do one or more of the following:

(a) reprimand the corporation or one or more directors or voting shareholders of the corporation;

(b) impose restrictions on the permit;

(c) impose a fine on the corporation in an amount not exceeding $10,000.

Cancellation of permit

23.9(4)     When a corporation's permit is cancelled, it shall promptly surrender the permit to the registrar.

S.M. 1999, c. 41, s. 35; S.M. 2002, c. 24, s. 18; S.M. 2005, c. 52, s. 16.

DISCIPLINE

Peer Review Committee

Peer review committee

24(1)       A peer review committee must be appointed in accordance with this section.

Membership

24(2)       The peer review committee consists of

(a) at least six licensed members of the association appointed by the board;

(b) at least six dental assistants appointed by the board; and

(c) at least five public representatives from the roster established under subsection (5).

24(3) and (4) Repealed, S.M. 2005, c. 52, s. 17.

Roster of public representatives

24(5)       The minister must appoint a roster of at least five public representatives who may be appointed to the peer review committee under this section, the complaints committee under section 24.1, an appeals committee under section 25.3 or an inquiry panel under section 26.

Chairperson

24(6)       The board shall appoint one member of the peer review committee to be chairperson of the committee.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 17.

Complaints

Definitions

24.1(1)     In sections 24.1 to 29.2,

"conduct" includes an act or omission; (« conduite »)

"investigated member" means a member, a former member, a dental assistant or a former dental assistant who is the subject of an investigation or whose conduct is the subject of a hearing. (« membre visé par l'enquête »)

Complaints committee

24.1(2)     The chair of the peer review committee must appoint at least two members of that committee as a complaints committee in accordance with section 24.3.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 18.

Complaints

24.2(1)     Any person may make a complaint in writing to the registrar about the conduct of a member or a dental assistant, and the complaint must be dealt with in accordance with this Act.

Complaints against former members

24.2(2)     If, after the registration or licence of a member, or the certificate of registration of a dental assistant, is suspended, cancelled or not renewed under this Act,

(a) a complaint is made about the former member or the former dental assistant; and

(b) the complaint relates to conduct occurring while the former member's registration or licence, or the former dental assistant's certificate of registration, was in effect;

the complaint may be dealt with within five years following the date of suspension, cancellation or failure to renew as if the former member's registration or licence, or the former dental assistant's certificate of registration, were still in effect.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 18.

Referral to complaints committee

24.3(1)     The registrar must refer the matter to the complaints committee if

(a) a complaint is made under section 24.2; or

(b) the registrar or the board considers a referral to be advisable.

Complaint against member

24.3(2)     If a complaint referred to the complaints committee under subsection (1) is about the conduct of a member, the complaints committee must consist of dentists and public representatives from the roster established under subsection 24(5).

Complaint against dental assistant

24.3(3)     If a complaint referred to the complaints committee under subsection (1) is about the conduct of a dental assistant, the complaints committee must consist of dental assistants and public representatives from the roster established under subsection 24(5).

Public representatives

24.3(4)     At least 1/3 of the persons appointed to a complaints committee must be public representatives from the roster established under subsection 24(5).

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 18.

Investigation

24.4(1)     On referral of a matter to the complaints committee, the complaints committee may direct that an investigation into the conduct of a member or a dental assistant be held, and for that purpose may appoint a person to conduct the investigation and may engage legal counsel and employ other expert assistance.

Records and information

24.4(2)     A person conducting an investigation may require the investigated member

(a) to produce to the person any records in the possession of or under the control of the investigated member; and

(b) to attend at the investigation.

Failure to produce records

24.4(3)     The association may apply ex parte to the Court of Queen's Bench for an order

(a) directing the investigated member to produce to any person conducting an investigation any records in the investigated member's possession or control, if it is shown that the investigated member failed to produce them when required by the person conducting the investigation; or

(b) directing any person to produce to a person conducting an investigation any records that are or may be relevant to the matter being investigated.

Investigation of other matters

24.4(4)     A person conducting an investigation may investigate any other matter related to the professional conduct or the skill in practice of the investigated member that arises in the course of the investigation.

Report to complaints committee

24.4(5)     The findings of a person conducting an investigation shall, on conclusion of the investigation, be reported to the complaints committee.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 19.

Serious complaints referred directly for inquiry

24.5        If, in the opinion of the registrar, a complaint is of a particularly serious and urgent nature, the registrar may refer the complaint, with or without further investigation, directly to the peer review chairperson who shall establish an inquiry panel under section 26.

S.M. 1992, c. 39, s. 5.

Decision of complaints committee

25(1)       The complaints committee may, after reviewing a matter,

(a) direct that the matter be referred, in whole or in part, to the peer review chairperson who shall establish an inquiry panel under section 26;

(b) direct that the matter not be referred to the peer review chairperson;

(c) issue a formal written caution to the investigated member censuring or disapproving of his or her conduct;

(d) accept the voluntary surrender by an investigated member of his or her licence to practise dentistry or certificate of registration as a dental assistant; or

(e) take such other action as it considers appropriate in the circumstances that is not inconsistent with this Act or the by-laws.

Notification of complaints committee decision

25(2)       The complaints committee shall notify the investigated member and the complainant in writing of the committee's decision under subsection (1) and the reasons for the decision.

Hearing not required

25(3)       Unless it is considering the issuance of a formal caution to the investigated member, the complaints committee is not required to hold a hearing or to afford to any person an opportunity to appear or to make oral submissions before making a decision under this section.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 20.

Issuance of formal caution

25.1(1)     A formal caution shall be issued under clause 25(1)(c) only after the complaints committee has met with the investigated member and only when no other action is taken by the complaints committee, and the issuance of a caution cannot be appealed.

Investigated member's request for referral to peer review chairperson

25.1(2)     On being advised of the complaint committee's decision to issue a formal caution under clause 25(1)(c), the investigated member may request the complaints committee to refer the matter to the peer review chairperson who shall establish an inquiry panel under section 26, and in that event the complaints committee shall not proceed with the issuance of the proposed caution.

Confidentiality of formal caution

25.1(3)      Except as otherwise provided in this Act or with the agreement of the investigated member, the issuance of a formal caution shall be kept confidential, except that the complaints committee may inform a complainant as to the disposal of the complaint.

S.M. 1992, c. 39, s. 5.

Voluntary surrender of licence

25.2(1)     If the complaints committee accepts a voluntary surrender under clause 25(1)(d), it may direct the investigated member to do one or more of the following:

(a) to obtain counselling or treatment;

(b) to complete a specified course of studies;

(c) to obtain supervised practical clinical experience;

to the satisfaction of such person or committee as the complaints committee may determine.

Conditions

25.2(2)     A voluntary surrender remains in effect until the complaints committee is satisfied that the conduct or complaint that was the subject of the investigation has been resolved, at which time the complaints committee may impose conditions on the member's or the dental assistant's entitlement to practise, and such conditions may include, if applicable, that the member or the dental assistant

(a) practise under supervision;

(b) not engage in sole practice;

(c) permit periodic inspections of his or her practice;

(d) permit periodic audits of records; or

(e) report to the complaints committee or the registrar on specific matters;

and may order the member or dental assistant to pay any costs arising from such conditions.

Referral to peer review chairperson

25.2(3)     Notwithstanding the acceptance of a voluntary surrender by the complaints committee, the complaints committee may at any time refer the conduct or complaint that it has reviewed to the peer review chairperson for formal inquiry.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 21.

Appeals committee

25.3(1)     The peer review chairperson shall from time to time from among the members of the peer review committee appoint an appeals committee consisting of not less than three members, and shall name one of them as chairperson.

Members not to have taken part in complaints committee review

25.3(2)     No person who was a member of the complaints committee reviewing a matter under investigation shall be a member of the appeals committee hearing the appeal of that matter.

S.M. 1992, c. 39, s. 5.

Appeal to appeals committee

25.4(1)     If the complaints committee acts in accordance with clauses 25(1)(b) or (e), the complainant may appeal that decision to the appeals committee.

Public representatives

25.4(1.1)   At least 1/3 of the persons appointed to an appeals committee must be public representatives from the roster established under subsection 24(5).

Appeal from complaint against a member

25.4(1.2)   If an appeal under subsection (1) is from a complaint against a member, the appeals committee must be composed of members and public representatives from the roster established under subsection 24(5).

Appeal from complaint against a dental assistant

25.4(1.3)   If an appeal under subsection (1) is from a complaint against a dental assistant, the appeals committee must be composed of dental assistants and public representatives from the roster established under subsection 24(5).

Notification of appeal

25.4(2)     An appeal under subsection (1) shall be made in writing to the chairperson of the complaints committee, giving the reasons for the request to appeal, and shall be mailed within 30 days of the date of notification of the complaints committee decision under subsection 25(2).

Power on appeal

25.4(3)     On an appeal under subsection (1), the appeals committee shall do one or more of the following:

(a) make any decision that in its opinion ought to have been made by the complaints committee;

(b) quash, vary or confirm the decision of the complaints committee;

(c) refer the matter back to the complaints committee for further consideration in accordance with any direction that the appeals committee may make.

Notification of decision

25.4(4)     The appeals committee shall notify the investigated member and the complainant in writing of the committee's decision and the reasons for its decision.

Hearing not required

25.4(5)     The appeals committee is not required to hold a hearing or to afford to any person an opportunity to appear or to make oral submissions before making a decision under this section, but the committee shall give the complainant an opportunity to make a written submission.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 22.

Suspension pending decision

25.5(1)     Despite anything in this Act, if there is any question that an investigated member's conduct exposes or is likely to expose the public to serious risk, the board may direct the registrar to suspend the investigated member's registration, licence or certificate of registration, as the case may be, pending the outcome of proceedings under this Act.

Notice of suspension

25.5(2)     On receiving a direction under subsection (1), the registrar shall serve a notice of the suspension on the investigated member.

Service of notice of suspension

25.5(3)     A notice under this section may be served personally or may be sent by registered mail to the investigated member's address contained in the records of the association, and a notice sent by registered mail shall be deemed to be served five days after the day it is sent.

Proof of service

25.5(4)     Proof of service of a notice under this section must be made by affidavit or statutory declaration.

Application of stay

25.5(5)     The investigated member may, by filing an application with the court and serving a copy on the registrar, apply for an order of the court staying a direction of the board under subsection (1).

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 23.

Inquiry

Establishment of inquiry panel

26(1)       When a matter is referred to the chairperson of the peer review committee

(a) by the registrar under section 24.5;

(b) by the complaints committee under clause 25(1)(a) or subsection 25.1(2) or 25.2(3); or

(c) by the appeals committee under subsection 25.4(3);

the chairperson of the peer review committee shall, within 30 days of the referral, establish an inquiry panel consisting of not less than three members of the peer review committee, one of whom shall be a public representative from the roster established under subsection 24(5).

Hearing re a member

26(1.1)     If a hearing under 26.2 is about the conduct of a member, the inquiry panel must consist of dentists and public representatives from the roster established under subsection 24(5).

Hearing re a dental assistant

26(1.2)     If a hearing under section 26.2 is about the conduct of a dental assistant, the inquiry panel must consist of dental assistants and public representatives from the roster established under subsection 24(5).

Public representatives

26(2)       At least 1/3 of the persons appointed to an inquiry panel must be public representatives from the roster established under subsection 24(5).

Chairperson

26(3)       The inquiry panel shall elect a chairperson from among its members.

Persons not to have taken part in investigation

26(4)       No person who investigated the conduct of an investigated member or who participated in a review of the matter as a member of the complaints committee or the appeals committee shall be a member of the inquiry panel concerning the same matter.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 25.

Procedure

26.1        The inquiry panel shall determine its own practice and procedure.

S.M. 1992, c. 39, s. 5.

Hearing by inquiry panel

26.2(1)     When an inquiry panel is established, it shall hold a hearing.

Date of hearing

26.2(2)     The hearing shall commence on a date within 60 days after the date on which the matter is referred, unless the investigated member consents in writing to a later date.

Notice of hearing

26.2(3)     At least 14 days before the date of the hearing, the registrar shall serve on the investigated member and the complainant a notice of hearing stating the date, time and place at which the inquiry panel will hold a hearing and identifying in general terms the complaint or matter in respect of which the hearing will be held.

Service of notice of hearing

26.2(4)     A notice served under this section may be served personally or may be sent by registered mail

(a) to the investigated member at his or her address contained in the records of the association; and

(b) to the complainant at any address provided to the association;

and a notice sent by registered mail shall be deemed to be served five days after the day it is sent.

Proof of service

26.2(5)     Proof of the service of a notice under this section shall be made by affidavit or statutory declaration.

Inquiry panel and registrar may have counsel

26.2(6)     The inquiry panel and the registrar may each have counsel to assist them at a hearing.

Right to appear and be represented

26.2(7)     The investigated member may appear and be represented by counsel, at his or her expense, at a hearing before the inquiry panel.

Examination of documentary evidence

26.2(8)     The investigated member shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report, the contents of which will be given in evidence at the hearing.

Recording of evidence

26.2(9)     The oral evidence given at a hearing of the inquiry panel shall be recorded.

Adjournments

26.2(10)    The chairperson of the inquiry panel may adjourn a hearing from time to time.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 26.

Hearing open to public

26.3(1)     Except as otherwise provided in this section, a hearing of the inquiry panel shall be open to the public, but there shall be no reporting in the media of anything that would identify the investigated member, including his or her name, the business name of his or her practice or partnership, or the location of practice, unless and until the inquiry panel makes any of the findings under section 27.5.

Request for hearing in private

26.3(2)     The investigated member or any person referring a matter for formal inquiry under section 24.5, clause 25(1)(a) or subsection 25.1(2), 25.2(3) or 25.4(3) may request that the hearing or any part of the hearing be held in private.

Hearing in private

26.3(3)     When a request is made under subsection (2), the inquiry panel may exclude the public from the hearing or any part of the hearing, or may direct that the investigated member or any witness be identified only by initials, if the panel is satisfied that

(a) matters involving public security may be disclosed;

(b) financial or personal or other matters may be disclosed at the hearing that are of such a nature that the desirability of avoiding public disclosure of those matters in the interest of any person affected or in the public interest outweighs the desirability of adhering to the principle that meetings be open to the public;

(c) a person involved in a criminal proceeding or in a civil suit or proceeding may be prejudiced; or

(d) the safety of a person may be jeopardized.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 27.

Investigation of other matters

26.4        The inquiry panel may investigate and hear any other matter concerning the professional conduct or the skill in practice of an investigated member that arises in the course of its proceedings, but in that event the panel shall declare its intention to investigate the further matter and shall permit the investigated member sufficient opportunity to prepare a response to the further matter.

S.M. 1992, c. 39, s. 5.

Evidence

26.5(1)     At a hearing of the inquiry panel, the oral evidence of witnesses shall be taken on oath or affirmation and there shall be a full right to cross examine witnesses and call evidence in defence and reply.

Power to administer oaths

26.5(2)     For the purpose of an investigation or hearing under this Act, the chairperson of the inquiry panel has power to administer oaths and affirmations.

S.M. 1992, c. 39, s. 5.

Witnesses

27          Any person other than the investigated member who, in the opinion of the inquiry panel, has knowledge of the complaint or matter being investigated is a compellable witness in any proceeding before the inquiry panel.

S.M. 1992, c. 39, s. 5.

Proof of conviction

27.1        For the purposes of proceedings under this Act, a certified copy under the seal of the Court of Queen's Bench or signed by the convicting justice or the Clerk of a Provincial Judges Court, of the conviction of a person for any crime or offence under the Criminal Code (Canada) or under any other Act or regulation is conclusive evidence that the person has committed the crime or offence stated, unless it is shown that the conviction has been quashed or set aside.

S.M. 1992, c. 39, s. 5.

Notice to attend and produce records

27.2(1)     The attendance of witnesses before the inquiry panel and the production of records may be enforced by a notice issued by the registrar requiring the witness to attend and stating the date, time and place at which the witness is to attend and the records, if any, that the witness is required to produce.

Registrar shall provide notices

27.2(2)     On the written request of the investigated member or the member's counsel or agent, the registrar shall provide any notices that the member requires for the attendance of witnesses or the production of records.

Method of service of notices

27.2(3)     A notice served on a witness shall be served personally.

Proof of service

27.2(4)     Proof of the service of a notice under this section shall be made by affidavit or statutory declaration.

Witness fees

27.2(5)     A witness who has been served with a notice to attend or a notice for production under this section is entitled to be paid the same fees in the same manner as are payable to a witness in an action in the Court of Queen's Bench.

S.M. 1992, c. 39, s. 5.

Failure to attend or give evidence

27.3        Proceedings for civil contempt of court may be brought against a witness

(a) who fails to attend before the inquiry panel in compliance with a notice to attend;

(b) who fails to produce any records in compliance with a notice to produce them; or

(c) who refuses to be sworn or to affirm or who refuses to answer any question he or she is directed to answer by the inquiry panel.

S.M. 1992, c. 39, s. 5.

Hearing in absence of investigated member

27.4        The inquiry panel may, on proof of service of the notice of hearing on the investigated member,

(a) proceed with the hearing in the absence of the investigated member or the member's agent; and

(b) act, decide or report on the matter being heard in the same way as if the investigated member were in attendance.

S.M. 1992, c. 39, s. 5.

Findings of inquiry panel

27.5        If, at the conclusion of a hearing, the inquiry panel finds that the investigated member

(a) is guilty of professional misconduct;

(b) is guilty of conduct unbecoming a member;

(c) has contravened this Act or the by-laws or the code of ethics adopted under this Act;

(d) has contravened an Act of the Parliament of Canada or of the Legislature, having implications for the individual's professional responsibility or fitness to practise dentistry;

(e) has displayed a lack of knowledge of or lack of skill or judgment in practice; or

(f) has demonstrated that he or she is incapable or unfit to practise or is suffering from an ailment that might, if allowed to continue, constitute a danger to the public;

it shall deal with the investigated member in accordance with this Act.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 28.

Orders of the inquiry panel

28(1)       If the inquiry panel makes any of the findings described in section 27.5, it may make one or more of the following orders:

(a) reprimand the investigated member;

(b) suspend the investigated member's licence or registration

(i) for such period of time as the inquiry panel determines is appropriate,

(ii) until he or she has completed a specified course of studies or obtained supervised practical clinical experience, or both, to the satisfaction of any person or committee that the inquiry panel may determine, or

(iii) until he or she has obtained treatment or counselling and has demonstrated that a disability, addiction or problem can be or has been overcome to the satisfaction of any person or committee that the inquiry panel may determine;

(c) impose conditions on the investigated member's entitlement to practice and such conditions may include, if applicable, that the investigated member

(i) limit his or her practice,

(ii) practise under supervision,

(iii) not engage in sole practice,

(iv) permit periodic inspections of his or her practice,

(v) permit periodic audits of records,

(vi) report to the inquiry panel, the registrar or the board on specific matters,

(vii) complete a particular course of studies or obtain supervised practical clinical experience, or both, to the satisfaction of such person or committee as the inquiry panel may determine, or

(viii) obtain treatment for a disability or addiction or undertake counselling until such time as the person can demonstrate that a disability, addiction or problem can be or has been overcome to the satisfaction of such person or committee as the inquiry panel may determine,

and may order the member to pay any cost arising from such conditions;

(d) direct the investigated member to waive money owed or refund money paid to him or her that, in the opinion of the inquiry panel, was unjustified for any reason;

(e) cancel the investigated member's licence or certificate of registration as the case may be.

Cancellation or suspension of registration or licence

28(2)       If the registration or licence of a member is suspended or cancelled, or if the registration or certificate of registration of a dental assistant is suspended or cancelled, he or she must not practise during the period of suspension or cancellation.

Formal cautions brought to inquiry panel's attention

28(3)       In order to assist the inquiry panel in determining an appropriate order, the panel may be advised of any formal cautions previously given to the investigated member under subsection 25(1) and the circumstances under which they were issued.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 29.

Costs and fines

28.1(1)     The inquiry panel may, in addition to or instead of dealing with the conduct of an investigated member in accordance with section 28, order that the investigated member pay

(a) all or part of the costs of the investigation, hearings and appeal;

(b) a fine not exceeding $10,000., payable to the association;

(c) both the costs under clause (a) and the fine under clause (b);

within the time set by the order.

Failure to pay costs and fines by time ordered

28.1(2)     If the investigated member is ordered to pay a fine, costs or both under subsection (1) and he or she fails to pay within the time ordered, the board may suspend the investigated member's licence or registration, as the case may be, until the fine, costs or both are paid.

Filing of order to pay costs

28.1(3)     The association may file an order under subsection (1) in the court, and on the order being filed it may be enforced in the same manner as a judgment of the court.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 30.

Written decision and formal order

28.2(1)     Following completion of the hearing, the inquiry panel shall give its decision and the reasons for it in writing, and shall also make a formal order embodying the decision.

Decision and order forwarded to registrar

28.2(2)     The inquiry panel shall forward to the registrar

(a) the decision and order given under subsection (1); and

(b) the record of the inquiry panel's proceedings, consisting of all evidence presented before it, including all exhibits and documents.

Service of decision and order

28.2(3)     The registrar shall, on receiving the decision and order, serve a copy of the decision and order on the investigated member and the complainant.

Method of service of decision and order

28.2(4)     A copy of the decision and order served under this section may be served personally or may be sent by registered mail

(a) to the investigated member at the address contained in the records of the association; and

(b) to the complainant at any address provided to the association;

and a decision and order notice sent by registered mail shall be deemed to be served five days after the day it is sent.

Proof of service

28.2(5)     Proof of the service of a notice under this section shall be made by affidavit or statutory declaration.

Copies of transcript

28.2(6)     The investigated member may examine the record of the proceedings before the inquiry panel, and is entitled to receive, on payment of the cost of providing it, a transcript of the oral evidence given before the inquiry panel.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 31.

28.3 to 28.5Repealed.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 32.

Publication of decision

29          The association may, after the expiration of any appeal period, publish

(a) the name of a member or dental assistant in respect of whom an order is made under section 28 or 28.1; and

(b) the circumstance relevant to the findings and order of the inquiry panel.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 33.

Stay pending appeal to Court of Appeal

29.1        The decision of the inquiry panel remains in effect pending an appeal to the Court of Appeal unless the Court, on application, stays the decision pending the appeal.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 34.

Appeal to Court of Appeal

Appeal to Court of Appeal

29.2(1)     An investigated member or the registrar may appeal to the Court of Appeal any finding or order made by an inquiry panel.

Commencement of appeal

29.2(2)     An appeal must be commenced

(a) by filing a notice of appeal with the Registrar of the Court of Appeal, together with a certificate stating that at least three copies of a transcript of any testimony given before the inquiry panel have been ordered and will be available for the appeal; and

(b) by serving a copy of the notice of appeal on the association;

within 30 days after the date on which the decision of the inquiry panel is served on the investigated member.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 35.

Appeal on the record

29.3        An appeal to the Court of Appeal shall be founded on the record of the hearing before the inquiry panel and the exhibits thereto.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 36.

Powers of Court on appeal

29.4        The Court of Appeal on hearing the appeal may

(a) make any finding or order that in its opinion ought to have been made;

(b) quash, vary or confirm the decision of the inquiry panel or any part of it; or

(c) refer the matter back to the inquiry panel for further consideration in accordance with any direction of the Court;

and may make such order as to costs it deems appropriate.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 37.

Reinstatement

Reinstatement

29.5        The board may, upon application by a person whose licence or certificate of registration has been cancelled, direct the registrar to reinstate the person's name in the applicable register subject to such conditions as the board may prescribe, and may order the person to pay any costs arising from such conditions.

S.M. 1992, c. 39, s. 5; S.M. 2005, c. 52, s. 38.

Protection from liability

30          No action lies against the association, the board, the registrar, a person conducting a preliminary investigation, a member of a committee or board established under this Act or by-laws or any employee, officer or person acting on the instructions of any of them, for anything done by the person in good faith in the performance or intended exercise of any power under this Act or by-laws or for any neglect or default in the performance or exercise in good faith of such a duty or power.

S.M. 1992, c. 39, s. 5.

GENERAL PROVISIONS

By-law for establishment of dental clinics

31          The board of directors may, pass by-laws

(a) providing for the establishment, development and conduct of dental clinics, under the direction and control of registered dentists to provide dental care and treatment to persons resident in the province;

(b) providing for the fees to be charged by any such clinic to the persons treated therein;

(c) providing for the application of part of the funds of the association to assist in the establishment, development and conduct of any such clinic.

Offence of fraudulent application

32          Any person who procures, or attempts to procure, a registration, licence or permit under this Act by wilfully making any false or fraudulent representation or declaration, either orally or in writing, is guilty of an offence.

S.M. 1999, c. 41, s. 36.

Offence of practising without a licence

33(1)       Any person who practises, or professes to practise, dentistry in the province in contravention of section 2 is guilty of an offence.

Injunction against unlawful practice

33(2)       Where any person practises or attempts to practise dentistry for a fee, salary, or reward paid, or to be paid, to himself or to another on his behalf in contravention of section 2, or does or attempts to do anything in contravention of this Act or of any by-law passed under the authority of this Act, the practise or the doing of any such thing may be restrained by an injunction at the instance of the association.

S.M. 1999, c. 41, s. 37.

Offence of unauthorized assumption of dental title

34          Any person who wilfully or falsely pretends to be a dentist, dental assistant or dental corporation, or assumes any dental title, addition or description other than the person actually possesses and is legally entitled to, is guilty of an offence.

S.M. 1999, c. 41, s. 38; S.M. 2005, c. 52, s. 39.

Offence of unauthorized use of dental title

35          Any person not registered under this Act, who takes or uses any name, title, or description implying or calculated to lead people to infer that he or she is registered under this Act, or that he or she is recognized by law as a dentist, dental assistant or licentiate of dental medicine, or surgery, is guilty of an offence.

S.M. 1999, c. 41, s. 39; S.M. 2005, c. 52, s. 40.

Penalty for falsification of register

36          Any employee or member of the association who makes or causes to be made, any wilful falsification in any matter relating to the register, is guilty of an offence, and if the person is an officer of the association the person is disqualified from again holding that office.

S.M. 1999, c. 41, s. 40.

Confidentiality of information

36.1(1)     Subject to section 36.2, every person employed, appointed or retained for the purpose of administering this Act, and every member of the board or a committee of the board, shall preserve secrecy about all information that comes to his or her knowledge in the course of his or her duties, and shall not communicate any information to any other person, except

(a) to the extent the information is available to the public, or is required to be disclosed, under this Act;

(b) in connection with the administration of this Act, including, but not limited to, the registration of members, complaints about members, allegations of members' incapacity, unfitness, incompetence or acts of professional misconduct, or the governing of the profession;

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, to the extent the information is required for that body to carry out its mandate under the Act;

(d) to a body that governs the practice of dentistry in a jurisdiction other than Manitoba; or

(e) as may be required for the administration of The Health Services Insurance Act or The Prescription Drugs Cost Assistance Act.

Offence

36.1(2)     A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

S.M. 1998, c. 32, s. 3; S.M. 2005, c. 39, s. 8.

Registrar to collect information

36.2(1)     In addition to any other information maintained in administering this Act, the registrar must collect and record each member's

(a) date of birth;

(b) sex; and

(c) education or training, as required for registration and renewal of registration.

Member to provide information

36.2(2)     A member must provide the registrar with the information required under subsection (1), in the form and at the time set by the registrar.

Minister may require information

36.2(3)     The minister may request in writing that the registrar provide information on members — including personal information — contained in the register or collected under subsection (1), to establish and maintain an electronic registry of health service providers to be used for the following purposes:

(a) to validate the identity of a provider seeking access to a patient's personal health information maintained in electronic form;

(b) to administer programs respecting payment for professional services under The Health Services Insurance Act;

(c) to generate information — in non-identifying form — for statistical purposes.

Registrar to provide information to minister

36.2(4)     The registrar must provide the minister with the information — including personal information — requested under subsection (3), in the form and at the time set by the minister after consulting with the registrar.

Minister may disclose information

36.2(5)     Despite any other provision of this Act or any provision of another Act or a regulation, the minister may

(a) disclose — in non-identifying form — information provided under subsection (4) to any entity authorized to receive it under subsection (6); and

(b) impose conditions respecting the use, retention and further disclosure of the information.

An entity must comply with any conditions imposed by the minister.

Authorized entities

36.2(6)     The following entities are authorized to receive information — in non-identifying form — under subsection (5):

(a) a regional health authority established or continued under The Regional Health Authorities Act;

(b) Regional Health Authorities of Manitoba, Inc.;

(c) CancerCare Manitoba;

(d) The Manitoba Centre for Health Policy;

(e) a government or organization with which the Government of Manitoba has entered into an agreement to share information for the purposes stated in subsection (3).

S.M. 2005, c. 39, s. 9.

Disposition of fines

37(1)       Any fine or penalty imposed under subsection 36.1(2) or section 38 shall be paid to the Minister of Finance.

Prosecution of offence

37(2)       Any person may be a prosecutor in the prosecution of an offence under this Act, and the government may pay to the prosecutor a portion of any fine recovered, in an amount that it considers appropriate, toward the costs of the prosecution.

S.M. 1999, c. 41, s. 41.

Directors, officers and employees

37.1        If a corporation commits an offence under this Act, a director, officer or employee of the corporation who authorized, permitted or acquiesced in the commission of the offence is also guilty of an offence, whether or not the corporation has been prosecuted or convicted.

S.M. 1999, c. 41, s. 41.

Penalty

38          A person who is guilty of an offence under this Act other than under subsection 36.1(1) is liable, on summary conviction,

(a) for a first offence, to a fine of not more than $6,000.; and

(b) for any subsequent offence, to a fine of not more than $30,000.

S.M. 1999, c. 41, s. 41.

Proof of offence

39          In any prosecution under this Act, it is sufficient proof of an offence under this Act if it is proved that the accused has done or committed a single act of unlicensed practice, or has committed on one occasion any of the acts prohibited by this Act.

S.M. 2005, c. 52, s. 41.

Who may prosecute complaint

40          Any person may be prosecutor or complainant under this Act, and the province may pay to the prosecutor such portion of the fines recovered as may be expedient towards the payment of the costs of the prosecution.

Limitation

41          No prosecution under this Act shall be commenced after the expiration of one year from the date of the alleged offence.

Stay of proceedings

42          Where the association is the prosecutor of an offence under this Act it may order a stay of proceedings in any such prosecution.

S.M. 2005, c. 52, s. 42.

43(1)       Repealed, S.M. 2005, c. 52, s. 43.

By-laws to be mailed to members

43(2)       A by-law passed by the board must be mailed to each member at the address appearing in the Manitoba Dental Register with a notice that the by-law will become effective on a date at least 30 days after the mailing date unless 10 or more members request in writing that the by-law be ratified and confirmed at a special meeting of the association called for that purpose.

Certain by-laws to be mailed to dental assistants

43(3)       A by-law that affects dental assistants must also be mailed to each dental assistant at the address appearing in the dental assistants register with a notice that the by-law will become effective on a date at least 30 days after the mailing date, unless 10 or more individuals, with each individual being either a member or a dental assistant, request in writing that the by-law be ratified and confirmed at a special meeting of the association called for that purpose.

Written request for ratification

43(4)       If a written request for ratification, in accordance with subsection (2) or (3), is received by the secretary before the date specified in the notice undersubsection (2) or (3), the by-law must not become effective until it has been ratified and confirmed by a majority of the members or, if the by-law affects dental assistants, by a majority of members and dental assistants, present and voting at a special meeting of the association called for that purpose.

S.M. 1999, c. 41, s. 42; S.M. 2005, c. 52, s. 43.

Limitation of actions

44          No person is liable in an action for negligence or for malpractice by reason of professional services requested or rendered unless the action is commenced within two years from the date when, in the matter complained of, those professional services rendered terminated and the person was a licensed member, dental assistant or dental corporation at the time the negligence or malpractice occurred.

S.M. 1999, c. 41, s. 43; S.M. 2005, c. 52, s. 44.

SCHEDULE A

Repealed.

S.M. 2005, c. 52, s. 45.