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The Dental Association Act
This is an unofficial archived version of The Dental Association Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, 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")

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

"dental auxiliary" means an hygienist, a nurse, dental assistant or a technician; ("auxiliaires dentaires")

"dentist" means a person registered and licensed under this Act; ("dentiste")

"hygienist" means a dental hygienist graduated from any school of dental hygiene, approved by the association; ("hygiéniste")

"minister" means the member of the Executive Council charged with the administration of The Public Health Act; ("ministre")

"nurse" or "dental assistant" means a dental nurse or a dental assistant in the employ or under the supervision of a member of the association at the time this Act comes into force or who subsequent to that time completes a course of formal training approved by the association; ("infirmière" ou "assistante dentaire")

"senate" means the Senate of the University of Manitoba; ("sénat")

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

"technician" means a person who makes, produces, reproduces, constructs, furnishes, supplies, alters or repairs any prosthetic denture, bridge, appliance or thing to replace, improve or supplement any human tooth or to be used in, upon or in connection with any human tooth, jaw of associated structure for and upon the written prescription of a registered dentist; ("mécanicien-dentiste" )

"university" means the University of Manitoba except where the context otherwise requires. ("université")

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 does or will by himself or his servants, agents or employees practise dentistry within the meaning of this Act; or

(g) except as provided in subsection 20(4) manages or conducts as proprietor, owner, or otherwise, a place where dentistry is practised.

Exceptions.

2(2)

Subject to clause 9(1)(i), nothing in this Act prohibits

(a) an employee of a dentist duly licensed and registered under this Act from performing such duties or functions in the office of the dentist and under his supervision and control; or

(b) a nurse, dental assistant, hygienist or technician at the request and under the effective supervision and control of a dentist duly licensed and registered under this Act from performing such duties or functions for which such nurse, dental assistant, hygienist or technician 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 who orders or directs an employee, nurse, dental assistant or hygienist to perform any service or to do any work or make 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.

Corporate status and name.

3

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

Membership.

4

Every person registered and licensed 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.

Power of board.

5

The board has the powers, rights and privileges conferred upon and vested in corporations by section 15 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 Canadian and British 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.

Composition of board.

6(1)

The affairs of the association shall be conducted by a board, the members of which shall be selected as hereinafter provided and shall be composed of

(a) at least

(i) six members of the association, and

(ii) one dental auxiliary, elected as provided in the by-laws of the association;

(b) one person appointed by the minister; and

(c) the immediate past president of the association.

Electoral districts.

6(2)

The board may by by-law divide the province into districts for the election of directors, determine the boundaries of each district and the numbers of directors who shall be elected to represent each district.

District directors.

6(3)

Where the board divides the province into districts no person may be a director to represent a district unless he is registered and licensed under this Act and practises in that district.

Term of office.

6(4)

The term of office of the elected members of the board may be determined by bylaw and the member appointed by the minister shall be appointed annually.

Electors.

6(5)

Only members of the association in good standing may vote for the election of members of the board and each such member may vote for as many candidates for membership on the board as there are vacancies to be filled in the electoral district in which the voting member practises.

Candidates.

6(6)

Any member of the association in good standing is, eligible for nomination and election as a member of the board to represent the electoral district in which he practises.

Place of practice.

6(7)

A member of the association shall be deemed to practise in the place where his principal office is located as determined in accordance with the by-laws and as entered upon the register.

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 of the association;

(b) provide for inquiries or investigations by the board or a committee thereof for the purpose of ascertaining whether the rules 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 carries on the practice of dentistry;

(c) provide for inquiries or investigations and hearings by the board or a committee thereof of any charge or complaint of professional misconduct or conduct unbecoming a member;

(d) prescribe and determine the consequences to any member of the association for the non-observance of any of the rules of the association and determine in which cases the non-observance constitutes professional misconduct or conduct unbecoming a member;

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

(f) suspend from practice or strike off from the register the name of any member for nonpayment of any fees or penalties due under this Act or the rules of the association and prescribe or impose terms for the reinstatement of suspended members;

(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 rules 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 rules 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 rules for the registration in such fields of specialized practice as may be recognized by the board including rules 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 is engaged or entitled to engage in such specialized practice;

(k) establish the standards of continuing education which may be required of members as a prerequisite for the issue of an annual licence.

The board may make rules.

9(2)

Without limiting the generality of subsection (1) the board may make rules to provide for

(a) the management of the affairs of the association including the keeping of the register, 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;

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

(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;

(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 register.

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.

Registration of members.

10

The board shall cause the registrar to keep the register to be known as the Manitoba Dental Register and to enter therein the name of every person registered according to this Act or the Acts to which reference is made in section 4 and from time to time the names of all persons who have complied with the provisions hereinafter contained and with the rules and regulations made by the board respecting the qualifications and other requirements of practitioners of dentistry in the province.

Effect of registration.

11

Subject to the requirements of the board for annual licensing every person whose name is inscribed in the register is qualified and registered to practise dentistry in the province.

Inspection of register.

12

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

University sole examiner.

13(1)

The university is the sole examining body in dentistry in the province; and the senate may grant to any person applying therefor a certificate, under the corporate seal of the university, that the senate is satisfied that the person mentioned in the certificate is, by way of dental education and otherwise, a proper person to be registered under this Act.

Conditions for granting certificate.

13(2)

A certificate under subsection (1) shall not be granted until the applicant has given such evidence of qualification, by undergoing an examination or examinations or otherwise, as the university may require; and the applicant shall in all other respects first comply with the rules and regulations of the university in that behalf.

Examinations required before being permitted to practise.

13(3)

Except as hereinafter provided, every person before being permitted to practise dentistry

(a) shall be required to pass an examination or examinations in a subject or subjects specified from time to time by the senate, and

(b) may be required to perform clinical treatment and procedures before the examiners.

Examinations.

13(4)

Examination of candidates for admission to study or to practise the profession of dentistry in the province shall be held at such times as are fixed by the senate.

Fees and evidence of qualifications, etc.

13(5)

Every person desiring to be examined shall, on or before a date prior to such an examination to be fixed by the senate pay to the registrar of the university the required fees and furnish him with satisfactory evidence of his right to take the examination, and of his integrity and good morals.

Recognition of other schools, colleges, etc.

13(6)

The senate may, upon such terms as it from time to time determines, grant to graduates, undergraduates, or members of such dental schools, colleges, or associations as the senate from time to time recognizes, such standing as to it seems just.

Certificate to candidate.

13(7)

On the passing of an examination by a candidate, or on the acceptance by the senate of qualifications in lieu thereof as herein provided, the registrar of the university shall, upon payment of the prescribed fee, give to the candidate a certificate that he is academically qualified for registration under this Act.

Dominion Dental Council certificates.

14(1)

The board shall accept the certificate of qualification of the Dominion Dental Council as a qualification sufficient without further examination for the granting to the holder thereof of a licence to practise dentistry in the province if the certificate is accompanied by evidence satisfactory to the board that the holder of the certificate is of good moral character and has practised dentistry in each of the last five years in any jurisdiction under a valid licence of that jurisdiction.

Certificate of National Dental Examining Board as qualification.

14(2)

So long as the association is represented upon the National Dental Examining Board of Canada it shall accept the certificate of qualification of the National Dental Examining Board of Canada as a qualification sufficient without further examination for the granting to the holder thereof of a licence to practise dentistry in the province, if the certificate is accompanied by satisfactory evidence that the applicant is of good moral character and that he has practised dentistry

(a) continuously since the issue of the certificate; or

(b) in each of the last five years in any jurisdiction under a valid licence of that jurisdiction;

but the board may accept any such certificate if in its opinion it is of such recent date as to indicate reasonable proof of the holders present qualifications without evidence of practise.

Effect of cancellation of certificate of examining board.

14(3)

Where the certificate of the National Dental Examining Board of Canada issued to a practitioner, who has secured a licence under this section, is cancelled for any cause by the National Dental Examining Board of Canada, the licence of the practitioner to practise in Manitoba is void and the board shall remove the name of that person from the register.

Eligibility for registration.

15(1)

Every person who is qualified for registration under this Act may, upon payment of the prescribed fee, be registered and have particulars of his qualifications entered on the register on producing to the registrar satisfactory evidence of his qualifications.

Form of certificate.

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 a certificate in the form of Schedule A and may use the title "Licentiate of Dental Medicine".

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 the register the name of any member of the association 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.

Registrar to rule on registrations.

17(1)

No person is entitled to have his name on the 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.

Incorrect entries on register.

18

Where it is proved at any time to the satisfaction of the board that the name of any person has been improperly entered in the register or improperly remains therein the name may be erased therefrom by order of the board.

Minors not to be registered.

19

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

Unauthorized practise.

20(1)

No person who is not a duly qualified dental practitioner registered and licensed under this Act shall for hire, gain, or hope of reward practise dentistry in the province.

Practise for corporation prohibited.

20(2)

No member shall, as employee, assistant, agent, partner, shareholder or otherwise practise dentistry under the control express or implied of or for the benefit, profit or advantage of, a corporation or of any person not registered under this Act.

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

20(3)

No person shall, without being duly licensed and registered as provided herein,

(a) act as proprietor, or operator, of a place for performing dental operations or practising dentistry;

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

(c) 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 that person does, or will by himself or his servant, agent or employee, practise dentistry within the meaning of this Act;

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

Dentist not prohibited from employing a person.

20(4)

This section shall not be construed in such a way as to prohibit a dentist from

(a) employing another person not licensed or registered under this Act as manager of his office; or

(b) renting office space, equipment or services from a person not licensed or registered under this Act.

Entitlement to payment.

21

No person is entitled to recover in any court of law payment for any professional services rendered by him as a dentist unless he is duly registered and licensed under this Act at the time the services were rendered.

Registrar's certificate.

22

A certificate under the hand of the registrar and the seal of the association with respect to any matter pertaining to the register or any entry therein is prima facie evidence of the facts stated therein without proof of the signature of the registrar.

Effect of omission to register.

23

Any person entitled to be registered or licensed under this Act but who neglects or omits to be so registered or licensed is not entitled to any of the rights or privileges conferred by registration or licensing so long as the neglect or omission continues and he is liable to all the penalties imposed by this Act or by any other Act respecting unqualified, unregistered or unlicensed dental practitioners.

Board shall hold inquiry where complaint made.

24(1)

Where the secretary receives a written complaint, signed by the complainant, alleging that a member has been guilty of unprofessional conduct, professional misconduct, conduct unbecoming a member or to have demonstrated incapacity or unfitness to practise dentistry the board shall conduct an inquiry to determine the facts of the matter complained of.

Board may hold inquiry.

24(2)

In any other case where the board or the executive committee thereof deems it advisable the board may conduct an inquiry into the conduct of a member.

Notice to be served.

24(3)

At least 14 days before the first meeting of the board or a committee thereof, to be held for the taking of evidence or otherwise ascertaining the facts, a notice shall be served upon the member whose conduct is the subject of inquiry; and the notice shall embody a copy of the charges made against him or a statement of the subject matter of the inquiry, and shall also specify the time and place of the meeting.

Notice of inquiry.

24(4)

A notice to be served upon a person whose conduct is the subject of an inquiry may be served upon him personally, or may be sent to him by registered mail, addressed to him at his post office address appearing in the register or the other records of the association.

Effect of service by post.

24(5)

A notice so sent by post shall be deemed to have been served on the day after the date on which it was posted.

Proof of service.

24(6)

Proof of service of the notice may be by affidavit or statutory declaration.

Inquiry may be held in absence of person under inquiry.

24(7)

Where the person whose conduct is the subject of inquiry does not attend, the board or the committee thereof, may upon proof of service of the notice in accordance with this section, proceed with the inquiry in his absence, and without further notice to him, take such action as it is authorized to take under this Act.

Witnesses.

24(8)

The testimony of witnesses at the inquiry shall be taken under oath, and there shall be a full right to cross-examine all witnesses and to call evidence in defence and reply.

Administration of oaths.

24(9)

Any oath required to be administered pursuant to subsection (6) may be administered by the chairman, or acting chairman, of the board or of the committee thereof holding the inquiry.

Subpoenas.

24(10)

The board or committee thereof holding the inquiry, or any party to the inquiry, may obtain, on praecipe from the court and serve subpoenas for the attendance of witnesses and production of books, documents, and things at the inquiry; and disobedience thereof or refusal to give evidence shall be deemed a contempt of court.

Allowance for witnesses.

24(11)

Witnesses are entitled to the same allowance as witnesses attending upon a trial of an action in the court.

Copies of convictions.

24(12)

For the purpose of an inquiry, a certified copy, under the seal of the court, or under the hand of the convicting magistrate or justice of the peace, or under the hand of the clerk of the magistrate's court, of the conviction of a person of any crime or offence, under the Criminal Code (Canada), or under any other statute is conclusive evidence that the person has committed the crime or offence stated therein, unless it is shown that the conviction was quashed or set aside.

Method of giving evidence.

24(13)

Evidence may be adduced before the board or committee thereof holding the inquiry either by affidavit or viva voce or both, as the board or the committee may determine; but the name of a member shall not be removed from the register on affidavit evidence alone.

Suspension of members.

25(1)

Notwithstanding any provision herein, where an inquiry into the conduct of a member is directed by the board or executive committee thereof, the board or executive committee thereof may suspend that member from practise, pending disposition of the inquiry; and thereupon the licence of the member is suspended until the suspension is lifted, superseded, or annulled by the board or executive committee.

Notice of suspension.

25(2)

The registrar shall cause a notice of the suspension to be served upon the member as soon as practicable after the suspension.

Method of giving notice of suspension.

25(3)

A notice served under this section may be served personally or may be sent to the member by registered mail, addressed to the member at his address appearing in the records of the association, and shall be deemed to have been served on the day after the day on which it is posted.

Proof of service.

25(4)

Proof of the service of the notice shall be made by affidavit or statutory declaration.

Inquiry to proceed expeditiously.

25(5)

Where a member is suspended from practice under this section the board or the executive committee shall cause the inquiry to proceed to a conclusion as rapidly as possible consistent with the rights of the member.

Member guilty of unprofessional conduct, etc.

26(1)

Where a member is found by the board or a committee thereof, or otherwise, to have been guilty of unprofessional conduct, professional misconduct, conduct unbecoming a member or to have demonstrated incapacity or unfitness to practise dentistry or to be suffering from an ailment that might if the member continues to practise dentistry constitute a danger to the public, the board may by resolution

(a) cause the name of the member to be erased from the register; or

(b) suspend the member for a period not in excess of two years; or

(c) impose a penalty upon the member not exceeding $1,000.; or

(d) reprimand the member; or

(e) suspend the implementation of its decision.

Expenses of inquiries.

26(2)

Where after inquiry a member is found guilty of unprofessional conduct, professional misconduct, conduct unbecoming a member or to be incapable of practising, or is unfit to practise, he may be ordered by the board to pay all, or any part, of the costs and expenses incurred by the board in carrying out the inquiry.

Copy of order may be filed in court.

26(3)

A copy of any order of the board made under subsection (2) certified by the registrar under the seal of the association, may be filed in the court and shall thereupon become a judgment of the court.

Compensation to members.

26(4)

The board may pay by way of compensation out of the funds of the association such moneys as the board may determine to any member against whom any complaint has been made, which when fully determined is found to have been frivolous or vexatious or to have been made without proper cause.

Employment of counsel.

27(1)

The board, or the committee thereof holding an inquiry may, for the purpose of the execution of their duties under this Act, employ at the expense of the association such legal and other counsel as the board or committee may consider necessary or proper.

Representation by counsel.

27(2)

The person whose conduct is the subject of inquiry also has the right at his expense to be represented by counsel and to full rights of examination and cross-examination of witnesses at the inquiry.

Appeal from order of board.

28(1)

Any person who considers himself aggrieved by an order or decision of the board made pursuant to an inquiry by the board or a committee thereof, or by an order suspending a member from practice, may appeal from the order or decision to a judge of the court at any time within two months from the date of the order or decision.

Method of appeal.

28(2)

An appeal shall be made by originating notice of motion returnable before a judge of the court and, shall be founded upon a copy of the proceedings before the board or committee thereof, the evidence taken, the committee's report and the order or decision of the board in the matter, certified by the registrar.

Copy of proceedings before board.

28(3)

The registrar shall, upon the request of a person desiring to appeal, furnish to that person at the expense of the appellant, a certified copy of all proceedings, reports, orders, and papers upon which the board or committee thereof acted in making the order or decision in respect of which the appeal is taken.

Decision by court.

28(4)

The court may

(a) determine the parties to the proceedings;

(b) determine the appeal upon the basis of the material filed under subsection (2) hereof; or

(c) conduct a new hearing.

Costs of appeal.

28(5)

After hearing the appeal, the judge may rescind, vary or confirm the order or decision of the board appealed against and may make such order as to costs as to him seems fit and proper.

Restoration of members.

29

The board, upon such grounds as to it may seem sufficient, and upon such terms, if any, as to it may seem proper, may direct the registrar to restore to the register any name or entry erased therefrom, either without fee or upon payment of such fee as the board may from time to time determine, and the registrar shall restore the name accordingly; but no name or entry shall be restored to the register except by order of the board or of the court.

Protection of members.

30

Notwithstanding any want of form in the proceedings, no action shall be brought against the board or any committee thereof, any member of the board or the committee or the registrar or assistant registrar, for anything done bona fide under this Act.

By-law for establishment of dental Clinics.

31

The board of directors may, pass bylaws

(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.

Penalty for fraudulent application for registration.

32

Any person who wilfully procures, or attempts to procure, his registration or licence under this Act by making any false or fraudulent representation or declaration, either orally or in writing, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100. and not more than $500.

Penalty for practising without a licence.

33(1)

Any person who is not licensed under this Act and who practises, or professes to practise dentistry in the province, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100. and not more than $500.

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 without being duly licensed and registered as provided in this Act, 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.

Penalty for unauthorized assumption of dental title.

34

Any person who wilfully or falsely pretends to be a dentist, or dental practitioner, or assumes any dental title, addition or description other than he actually possesses and is legally entitled to, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. and not more than $100. for the first offence, and for any subsequent offence to a fine of not less than $100. and not more than $500.

Penalty for 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 is registered under this Act, or that he is recognized by law as a dentist, dental practitioner or licentiate of dental medicine, or surgery, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $50. and not more than $100. for the first offence and for any subsequent offence to a fine of not less than $100. and not more than $500.

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 is liable, on summary conviction, to a fine of not less than $100. and not more than $500. , and if the person is an officer of the association the person is disqualified from again holding that office.

Fines to be paid to magistrate.

37

All fines recoverable under this Act shall be paid to the convicting magistrate and by the magistrate to the Minister of Finance.

Imprisonment

38

Where a person who is convicted of an offence against any provision of this Act does not, within 14 days after conviction, pay the fine imposed he is liable to imprisonment for a term not exceeding one year.

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 practise, or has committed on one occasion any of the acts prohibited by this Act.

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, upon an order signed by the president and having the seal of the association affixed thereto apply for a stay of proceedings in any such prosecution.

Rules continued.

43(1)

All rules, regulations and by-laws of the association in force on the coming into force of this Act shall be the rules, regulations and by-laws of the association until amended, altered or repealed under this Act.

New rules to be mailed.

43(2)

Any new rules, regulations or by-laws passed by the board shall be mailed to each member at his post office address appearing in the register together with a notice that such rules, regulations or by-laws will become effective on a date not sooner than 30 days after the date of mailing unless 10 members request in writing that the rules, regulations or by-laws be first ratified and confirmed at a general meeting of the association.

Written request for ratification.

43(3)

If a written request for ratification signed by 10 members should be received by the secretary before the date appointed then the rules, regulations or by-laws shall not become effective until they have been ratified and confirmed by a majority of the members present and voting at a general meeting of the association.

Limitation of actions.

44

No duly registered member of the association 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.

SCHEDULE A

(Section 15(2))

THE MANITOBA DENTAL ASSOCIATION ANNUAL LICENCE

Certifies that of the of , a duly registered LICENTIATE OF DENTAL MEDICINE in Manitoba, has paid the annual licence fee required by the Rules of the Manitoba Dental Association and is entitled to practise dentistry in all its branches, in Manitoba during the licensing year expiring 28th of February 19 .

Given under my hand and the Seal of the Manitoba Dental Association at Winnipeg, this day of , 19 .

Registrar

"Seal"