Fourth Session, Thirty-Eighth Legislature
This version is based on the printed bill that was distributed in the Legislature after First Reading. It is not the official version. If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications.
Bill 5
| Section | Table of Contents |
| PART 1 | |
| DEFINITIONS | |
| 1 | Definitions |
| PART 2 | |
| PRACTICE OF DENTAL HYGIENE | |
| 2(1) | Practice of dental hygiene |
| (2) | Included practices |
| 3(1) | Representation as a dental hygienist |
| (2) | Use of title |
| PART 3 | |
| COLLEGE OF DENTAL HYGIENISTS | |
| OF MANITOBA | |
| 4(1) | College established |
| (2) | Duty to serve the public interest |
| (3) | Powers |
| (4) | Membership |
| (5) | Meetings |
| (6) | Notice of meetings |
| 5(1) | Council |
| (2) | Council to manage affairs |
| 6(1) | Composition of council |
| (2) | Public representatives |
| (3) | By-laws for election and appointment of members |
| (4) | Officers |
| (5) | Remuneration |
| (6) | Registrar and staff |
| (7) | Committees |
| PART 4 | |
| REGISTRATION | |
| REGISTERS | |
| 7(1) | Registers |
| (2) | Register of dental hygienists |
| (3) | Access to information |
| APPLICATIONS FOR REGISTRATION | |
| 8 | Board of assessors |
| 9(1) | Registration of dental hygienists |
| (2) | Conditions |
| (3) | Entry in the register |
| (4) | Certificate of registration |
| 10(1) | Registration if emergency |
| (2) | Emergency need not be declared |
| (3) | Certificate of registration |
| 11 | Application for registration not approved |
| APPEALS | |
| 12(1) | Appeal to council |
| (2) | Notice |
| (3) | Hearing |
| (4) | Right to appear |
| (5) | Participation by member of board of assessors |
| (6) | Decision by council |
| (7) | Notice of decision of appeal |
| 13(1) | Appeal to court |
| (2) | Powers of court on appeal |
| REGISTRATION OF STUDENTS | |
| 14(1) | Registration of students |
| (2) | Appeal from refusal to register |
| ANNUAL CERTIFICATE OF REGISTRATION | |
| 15 | Certificate of registration |
| CANCELLATION OF REGISTRATION | |
| 16(1) | Registration may be cancelled if fraud |
| (2) | Registration may be cancelled if conviction |
| (3) | Appeal |
| PART 5 | |
| CONTINUING COMPETENCY | |
| 17 | Continuing competency program |
| PART 6 | |
| COMPLAINTS | |
| 18 | Definitions |
| 19 | Roster of public representatives |
| COMPLAINTS COMMITTEE | |
| 20(1) | Complaints committee |
| (2) | Public representatives |
| 21(1) | Complaints against members |
| (2) | Complaints against former members |
| 22(1) | Referral to complaints committee |
| (2) | Notice of referral |
| 23(1) | Informal resolution |
| (2) | Investigation |
| (3) | Records and information |
| (4) | Failure to produce records |
| (5) | Investigation of other matters |
| (6) | Report to the complaints committee |
| DECISION OF COMPLAINTS COMMITTEE | |
| 24(1) | Decision of complaints committee |
| (2) | Matter not resolved by mediation |
| (3) | Decision served on member and complainant |
| (4) | Hearing not required |
| 25(1) | Conditions on right to practise |
| (2) | Costs |
| CENSURE | |
| 26(1) | Personal appearance |
| (2) | Publication of censure |
| (3) | Order for costs |
| VOLUNTARY SURRENDER OF REGISTRATION | |
| 27(1) | Voluntary surrender of registration |
| (2) | Order for costs |
| 28 | Conditions on reinstatement |
| APPEAL BY COMPLAINANT | |
| 29(1) | Appeal by complainant to council |
| (2) | Notice |
| (3) | Power on appeal |
| (4) | Notice of decision |
| (5) | Hearing not required |
| SUSPENSION OF REGISTRATION PENDING DECISION | |
| 30(1) | Suspension of registration pending decision |
| (2) | Notice of suspension or conditions |
| 31 | Application for stay |
| MISCELLANEOUS | |
| 32 | Referral to inquiry committee |
| 33 | Disclosure of information to authorities |
| INQUIRY COMMITTEE | |
| 34(1) | Inquiry committee |
| (2) | Public representatives |
| 35(1) | Selection of panel |
| (2) | Composition |
| (3) | Exclusion from panel |
| (4) | Effect of member being unable to continue |
| HEARINGS | |
| 36(1) | Hearing |
| (2) | Date of hearing |
| (3) | Notice of hearing |
| (4) | Public notice of hearing |
| 37(1) | Right to appear and be represented |
| (2) | Adjournments |
| (3) | Recording of evidence |
| 38(1) | Member may examine documentary evidence |
| (2) | Member to provide documentary evidence |
| (3) | Evidence of expert without report |
| (4) | Failure to provide summary |
| 39 | Investigation of other matters |
| 40(1) | Hearing open to public |
| (2) | Request for private hearing |
| (3) | When private hearing may be held |
| (4) | Reasons for excluding the public to be available |
| 41(1) | Evidence |
| (2) | Power to administer oaths |
| 42(1) | Witnesses |
| (2) | Notice to attend and produce records |
| (3) | Registrar to provide notices |
| (4) | Witness fees |
| (5) | Failure to attend or give evidence |
| 43 | Hearing in absence of member |
| DECISION OF PANEL | |
| 44 | Findings of panel |
| 45(1) | Orders of panel |
| (2) | Panel may consider past censure |
| (3) | Ancillary orders |
| (4) | Costs when conditions imposed |
| (5) | Contravention of order |
| 46(1) | Costs and fines |
| (2) | Nature of costs |
| (3) | Failure to pay costs and fines by time ordered |
| (4) | Filing of order |
| 47(1) | Written decision |
| (2) | Decision forwarded to registrar |
| (3) | Service of decision |
| (4) | Copies of transcript |
| 48 | Publication of decision |
| APPEAL TO COURT OF APPEAL | |
| 49(1) | Appeal to Court of Appeal |
| (2) | Commencement of appeal |
| (3) | Appeal on the record |
| 50 | Powers of Court on appeal |
| 51 | Stay pending appeal |
| REINSTATEMENT | |
| 52 | Reinstatement |
| PART 7 | |
| REGULATIONS, BY-LAWS AND | |
| CODE OF ETHICS | |
| 53(1) | Regulations |
| (2) | Approval of regulations |
| 54(1) | By-laws |
| (2) | Amendments and repeal of by-laws |
| 55 | Code of ethics |
| PART 8 | |
| GENERAL PROVISIONS | |
| PRACTICE AUDITORS | |
| 56(1) | Appointment of practice auditors |
| (2) | Audit of a member's practice |
| 57(1) | Entry of premises and inspection of records |
| (2) | Admissibility of copies |
| (3) | Entry with order |
| (4) | Obstruction of practice auditor |
| SERVICE OF DOCUMENTS | |
| 58(1) | Service of documents |
| (2) | Deemed receipt |
| REGISTRAR'S CERTIFICATE | |
| 59 | Registrar's certificate |
| PROOF OF CONVICTION | |
| 60 | Proof of conviction |
| OFFENCES | |
| 61(1) | Offence |
| (2) | Offence |
| (3) | Fraudulent representation on application for registration |
| (4) | Offence by employer |
| (5) | Limitation on prosecution |
| (6) | Prosecution of offence |
| (7) | Stay of proceedings |
| 62 | Single act of unauthorized practice |
| PROTECTION FROM LIABILITY | |
| 63 | Protection from liability |
| 64 | Limitation period for members |
| CONFIDENTIALITY OF INFORMATION | |
| 65 | Confidentiality of information |
| 66(1) | Registrar to collect information |
| (2) | Member to provide information |
| (3) | Minister may require information |
| (4) | Registrar to provide information |
| (5) | Minister may disclose information |
| (6) | Authorized entity |
| 67 | Injunction |
| DUTY OF MEMBERS TO REPORT | |
| 68(1) | Duty of members to report |
| (2) | Exemption from liability for disclosure |
| EMPLOYER'S RESPONSIBILITY | |
| 69(1) | Employer's responsibility to ensure registration |
| (2) | Responsibility to report misconduct |
| ANNUAL REPORT | |
| 70(1) | Annual report |
| (2) | Contents of report |
| PART 9 | |
| TRANSITIONAL, C.C.S.M. REFERENCE AND COMING INTO FORCE | |
| 71(1) | Transitional council of the college |
| (2) | Powers of transitional council |
| (3) | Registration in transitional period |
| (4) | Powers of minister |
| (5) | Transitional council to comply with minister's request |
| (6) | Lieutenant Governor in Council regulations |
| (7) | Authority |
| 72 | Transition after Act in force |
| 73 | C.C.S.M. reference |
| 74(1) | Coming into force |
| (2) | Coming into force: section 71 |