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SNL2008 CHAPTER D-6.1

DENTAL ACT, 2008

Amended:

2012 c35 s3; 2013 c16 s25; 2014 c7 s3

CHAPTER D-6.1

AN ACT RESPECTING THE PRACTICE OF
DENTISTRY

(Assented to December 18, 2008 )

Analysis


       
1.   Short title

       
2.   Definitions

       
3.   Dental association

       
4.   Objects

       
5.   Dental board

       
6.   Chairperson and registrar

       
7.   Quorum and meetings of the board

       
8.   Annual meeting and report

       
9.   Duties of registrar and the register

     
10.   By-laws

     
11.   Regulations

     
12.   Regulations re: dental auxiliaries

     
13.   Licence

     
14.   Conditional licence

     
15.   Fees and forms

     
16.   Annual remittance

     
17.   Amount of fees

     
18.   Definitions

     
19.   Professional corporation

     
20.   Corporate register

     
21.   Annual licence

     
22.   Revocation of licence

     
23.   Effect of incorporation

     
24.   Liability of dentist

     
25.   Misconduct of a professional dental corporation

     
26.   Definitions

     
27.   Committees

     
28.   Allegation

     
29.   Effect of filing allegation

     
30.   Complaints authorization committee

     
31.   Adjudication tribunal

     
32.   Hearing

     
33.   Copies of books, etc. as evidence

     
34.   Guilty plea by respondent

     
35.   Powers of adjudication tribunal

     
36.   Filing and publication of decisions

     
37.   De-registration and suspension

     
38.   Failure to comply

     
39.   Reinstatement and readmission

     
40.   Costs of the board

     
41.   Collection of fine

     
42.   Appeal

     
43.   Application of sections to professional corporation

     
44.   Evidence of registration

     
45.   Inspection

     
46.   Offences and penalties

     
47.   Protection from liability

     
48.   Transitional

     
49.   RSNL1990 c D-6 Rep.

     
50.   Commencement


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

        1. This Act may be cited as the Dental Act, 2008.

2008 cD-6.1 s1

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Definitions

        2. In this Act

             (a)  "association" means the Newfoundland and Labrador Dental Association referred to in section 3 ;

             (b)  "board" means the Newfoundland and Labrador Dental Board continued under section 5 ;

             (c)  "dental auxiliary" means a dental auxiliary as defined in the regulations;

             (d)  "dentistry" means professional service usually performed by a dentist and includes

                      (i)  the diagnosis or treatment of, and the prescribing, treating or operating for, the prevention, alleviation or correction of disease, pain, deficiency, deformity, defect, lesion, disorder or physical condition of, in or from a human tooth, associated structure or tissue or an injury to a human tooth, associated structure or tissue,

                     (ii)  the making, producing, reproducing, constructing, fitting, furnishing, supplying, altering or repairing of or prescribing or advising the use of a prosthetic denture, bridge, appliance or thing for the purposes referred to in subparagraph (i), or to replace, improve or supplement a human tooth, or to prevent, alleviate, correct or improve a condition upon or in connection with a human tooth, associated structure or tissue, or in the treatment of a condition of a human tooth, associated structure or tissue, and

                    (iii)  the taking or making, or the giving of advice or assistance or the providing of facilities for the taking or making, of an impression, bite, cast or design preparatory to, or for the purpose of or with a view to making, producing, reproducing, constructing, fitting, furnishing, supplying, altering or repairing of a prosthetic denture, bridge, appliance or thing;

             (e)  "licence" means a licence to practise dentistry issued and in force under this Act and includes a conditional licence and a licence issued to a dental auxiliary;

             (f)  "minister" means the minister appointed under the Executive Council Act to administer this Act;

             (g)  "practice of dentistry" includes a single act referred to in paragraph (d);

             (h)  "practitioner" means a dentist licensed to practise under this Act;

              (i)  "professional dental corporation" means a corporation that is permitted under this Act to provide the services of a dentist;

              (j)  "register" means the register referred to in subsection 9 (1); and

             (k)  "registrar" means the registrar appointed under section 6 .

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Dental association

        3. (1) The Newfoundland Dental Association is continued as a corporation under the name of the Newfoundland and Labrador Dental Association without share capital for the purposes of Part XXI of the Corporations Act .

             (2)  Notwithstanding its continuation as a corporation under this Act, the Corporations Act applies to the association and it shall be governed by that Act for all purposes, including a change of name of the association.

             (3)  All persons who

             (a)  are holders of a licence; and

             (b)  pay the fee for membership,

are, notwithstanding anything contained in the by-laws, members of the association.

             (4)  The association may, in accordance with the by-laws appoint persons as associate members, student members, life members and to other types of membership in the association.

2008 cD-6.1 s3

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Objects

        4. The objects of the association are

             (a)  to promote and advance dentistry and related arts and sciences in all their branches, to increase the knowledge, skill, standard and proficiency of its members in the practice of dentistry, and to maintain the honour and integrity of the dental profession;

             (b)  to act to improve dental health and prevent dental disease and disability;

             (c)  to co-operate with and to assist the government of the province, public and private dental associations, agencies and commissions engaged in the task of providing or financing dental care;

             (d)  to promote measures designed to improve standards of dental care and the practice of dentistry; and

             (e)  to improve the welfare and social standards of its members and encourage the co-operation of its members in the protection of their rights.

2008 cD-6.1 s4

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Dental board

        5. (1) The Newfoundland Dental Board is continued as a corporation under the name of the Newfoundland and Labrador Dental Board without share capital for the purposes of Part XXI of the Corporations Act.

             (2)  The board shall consist of

             (a)  5 dentists registered and licensed under this Act, nominated and elected in accordance with the by-laws;

             (b)  one person appointed by the minister to represent each of the dental auxiliary groups normally defined by the board in regulations made under section 12 ; and

             (c)  2 other persons appointed by the minister to represent the general public.

             (3)  A person who is a member of the governing body of the association is not eligible to be elected as a member of the board under paragraph (2)(a).

             (4)  A member of the board holds office for a term of 3 years or until his or her successor is elected or appointed.

             (5)  A member of the board is eligible for reappointment or re-election but a member shall not serve on the board for a continuous period exceeding 9 years.

             (6)  Where a vacancy occurs in the membership of the board as a result of the death, retirement, resignation or incapacity to act of a member, the vacancy shall be filled

             (a)  in the case of an elected member, by an election in accordance with the by-laws; and

             (b)  in the case of another member, by appointment under paragraph (1)(b) or (c).

             (7)  When a vacancy is filled under subsection (6), the person filling the vacancy shall serve only for the remainder of the term of office of the member being replaced, and that person is eligible for re-election or reappointment.

             (8)  Where the term of office of a member of the board expires and a successor has not been elected or appointed, the member may continue to hold office until a successor is elected or appointed but time served by that member under this subsection shall not be counted for the purpose of subsection (5).

             (9)  The members of the board shall serve without remuneration but shall receive travelling and other expenses in accordance with guidelines established by the Lieutenant-Governor in Council.

2008 cD-6.1 s5

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Chairperson and registrar

        6. (1) The board shall

             (a)  elect from among the members nominated and elected under paragraph 5 (2)(a) a person to be the chairperson and one to be the vice-chairperson of the board; and

             (b)  appoint a person, who may or may not be registered and licensed to practise dentistry within the province and who may or may not be a member of the board, as the registrar.

             (2)  The chairperson shall preside at meetings of the board and in his or her absence the vice-chairperson shall preside.

             (3)  The registrar is by virtue of his or her office a member of the board without the right to vote where the registrar is appointed from outside the board and in that case the registrar is not subject to subsection 5 (4) or (5).

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Quorum and meetings of the board

        7. (1) Five members of the board, a majority of whom shall be members referred to in paragraph 5 (2)(a) and at least one of whom shall be a member referred to in paragraph 5 (2)(b) and one of whom shall be a member referred to in paragraph 5 (2)(c) constitute a quorum for a meeting of the board.

             (2)  At meetings of the board, each member of the board shall have one vote and in the case of a tie, the chairperson or, in the absence of the chairperson, the vice-chairperson shall have a second or casting vote.

             (3)  Except where prohibited in the by-laws, a member of the board may, where all the members of the board consent, participate in a meeting of the board by means of the telephone or other telecommunication device that permits all persons participating in the meeting to communicate with each other.

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Annual meeting and report

        8. (1) The board shall hold an annual general meeting in accordance with the by-laws which all registered and licensed dentists and licensed dental auxiliaries are entitled to attend.

             (2)  At its annual general meeting the board shall

             (a)  appoint an auditor to audit the accounts of the board and to report on the financial statements of the board; and

             (b)  consider and vote on those other matters required by the by-laws.

             (3)  The board shall prepare and submit to the minister before July 1 each year

             (a)  a report on its activities; and

             (b)  its audited financial statements.

             (4)  The minister shall publish the annual report on the Health and Community Services website.

             (5)  Where the board has a website, the board shall publish the annual report on its website in a manner that the annual report may be accessed by a member of the public.

             (6)  Where the board fails to comply with subsection (3) or (5), it is guilty of an offence and is liable upon summary conviction to a fine of $1,000.

2008 cD-6.1 s8; 2012 c35 s3

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Duties of registrar and the register

        9. (1) The registrar is the secretary of the board and shall

             (a)  keep a record of the proceedings of the board; and

             (b)  maintain a register in which shall be entered the names of all those persons qualified and licensed to practise dentistry in the province.

             (2)  The register shall, without charge, be open and subject to inspection at all reasonable times by a person.

2008 cD-6.1 s9

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By-laws

      10. (1) The board may make by-laws

             (a)  providing for the holding and procedure of its meetings;

             (b)  providing for the election of members of the board under paragraph 5 (2)(a) including the term of office of the chairperson and vice-chairperson;

             (c)  respecting the participation of members of the board in a meeting of the board by telephone or other telecommunications device under subsection 7 (3);

             (d)  respecting the maintenance of the register and the form and contents of it;

             (e)  respecting the remuneration, and allowances payable to members of the board for attending meetings and for carrying out the functions of the board under this Act, with power to prescribe different rates for different members and different functions;

             (f)  respecting the appointment, termination and duties of employees of the board;

             (g)  respecting the remuneration and payment of travel expenses of members of adjudication tribunals;

             (h)  establishing a code of ethics which shall include a definition of "professional misconduct" and "conduct unbecoming a practitioner" for the purposes of sections 26 to 42 ;

              (i)  establishing standards governing the practice of dentistry, including standards of professional competence and of capacity and fitness to practise;

              (j)  establishing rules respecting methods of advertising;

             (k)  providing for voting at meetings of the board; and

              (l)  generally, to give effect to its powers under this Act and the regulations.

             (2)  A by-law may be made, amended or repealed at a meeting of the board if 30 days notice, or the shorter period to which members of the board may consent, is given of the intention to make, amend or repeal a by-law, and of the meeting, to the members of the board.

             (3)  The board shall have the by-laws available for inspection by the public on reasonable notice and at reasonable hours.

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Regulations

      11. (1) The board may, with the approval of the minister, make regulations respecting

             (a)  the registration and licensing of dentists under this Act;

             (b)  continuing competency and education requirements;

             (c)  the education and practice experience requirements for registration and licensing of dentists;

             (d)  the requirement of dentists to carry professional liability insurance;

             (e)  registration and the issuing of licences and the terms and conditions on which that registration and those licences may be granted;

             (f)  providing for the maintenance of a register of specialists and the form and content of that register, and the educational requirements for the registration of specialists, with power to adopt requirements set from time to time by recognized dental bodies in Canada;

             (g)  the registration and annual licensing of professional dental corporations;

             (h)  alternative dispute resolution for the purposes of section 30 and the procedure for that resolution;

              (i)  time limits for events in the disciplinary process in sections 26 to 42 , including time limits for

                      (i)  the filing of an allegation,

                     (ii)  the resolution of an allegation by the registrar,

                    (iii)  the conduct of an investigation under section 30 ,

                    (iv)  consideration of an allegation by the board following completion of an investigation,

                     (v)  responding to a complainant and respondent at each stage of the process,

                    (vi)  the conduct of a practice investigation under paragraph 30 (1)(c),

                   (vii)  the appointment of an adjudication tribunal under section 31 , and

                  (viii)  the conduct of a hearing and the filing of a decision or order by an adjudication tribunal following completion of the hearing; and

              (j)  the giving effect generally to the purpose of this Act.

             (2)  Notwithstanding subsection (1), the minister may make regulations to prescribe time limits for events in the disciplinary process under sections 26 to 42 where the board does not do so in a time period the minister considers reasonable.

2008 cD-6.1 s11

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Regulations re: dental auxiliaries

      12. Subject to the approval of the minister, the board may, with respect to dental auxiliaries, make regulations

             (a)  defining who is a dental auxiliary;

             (b)  prescribing the qualifications necessary for dental auxiliaries to be registered and licensed, including conditionally licensed, under this Act;

             (c)  providing for the registration and licensing of dental auxiliaries;

             (d)  prescribing the services that may be provided by dental auxiliaries;

             (e)  establishing standards of conduct and competence for dental auxiliaries;

             (f)  defining professional misconduct for dental auxiliaries;

             (g)  defining the activities which constitute a conflict of interest and prohibiting the engagement of a dental auxiliary in those activities; and

             (h)  concerning other matters with respect to dental auxiliaries that the board considers necessary.

2008 cD-6.1 s12

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Licence

      13. (1) The board shall issue a licence to every person who pays the prescribed fee who

             (a)  has completed the entire course of studies required by and holds a degree or diploma in dentistry from a university, college or school of dentistry recognized and approved by the board;

             (b)  holds the academic qualifications prescribed by the regulations and has passed the examination that may be prescribed by the regulations;

             (c)  maintains professional malpractice insurance of the kind and in the amount set by the board;

             (d)  has a working knowledge of the English language that the board considers sufficient to enable the person to practise dentistry in the province; and

             (e)  meets the other requirements relating to the licensing of dentists that the board may prescribe by regulation.

             (2)  Where, immediately before applying for a licence under this Act, a person was, under the laws of another province or territory of Canada, licensed and in good standing to practise dentistry or as a dental auxiliary in that province or territory, the board shall register that person as a practitioner or dental auxiliary and issue a licence to him or her provided that he or she

             (a)  pays the required fee; and

             (b)  meets those other requirements that may be prescribed by regulation.

             (3)  It is a condition of the issuance of every licence to practice dentistry under this section and section 14 that the person to whom the licence is issued shall, within one month of the date of the issuance of the licence, become a member of the association, and the failure of a person to comply with this condition renders the licence void from that date.

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Conditional licence

      14. (1) The board may, upon receipt of the prescribed fee, issue a conditional licence to a person who meets the qualifications set out in the regulations.

             (2)  A conditional licence issued under subsection (1) shall be issued subject to the terms, conditions and limitations that may be set out in the licence.

             (3)  The holder of a conditional licence under this section has the right to engage in the practice of dentistry or to practice as a dental auxiliary only under the terms, conditions and limitations set out in it.

2008 cD-6.1 s14

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Fees and forms

      15. The board may set fees and prescribe forms for the purpose and administration of this Act.

2008 cD-6.1 s15

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Annual remittance

      16. Every practitioner whose licence under this Act is subsisting shall annually, before December 1, remit to the board those fees that may be prescribed, for the purpose of maintaining a licence to practise dentistry in the province for the year then commencing.

2008 cD-6.1 s16

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Amount of fees

      17. (1) In prescribing the amount of fees under section 15 the board shall ensure that the level of those fees is sufficient to provide it with the income necessary to discharge its functions and duties under this Act.

             (2)  All money received by the board shall be applied by the board in the discharge of its functions and duties under this Act.

2008 cD-6.1 s17

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Definitions

      18. In sections 19 to 25

             (a)  "non-voting share" means an issued share of a professional dental corporation that is not a voting share; and

             (b)  "voting share" means an issued share of a professional dental corporation with the right to vote at a meeting of shareholders attached to it.

2008 cD-6.1 s18

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Professional corporation

      19. (1) One or more practitioners may incorporate a corporation to provide the services of a dentist.

             (2)  The corporation shall be incorporated under the Corporations Act .

             (3)  The name of the corporation shall meet the requirements of subsection 17(1) of the Corporations Act .

             (4)  A corporation shall not provide the services of a dentist unless it is registered and licensed under this Act.

2008 cD-6.1 s19

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Corporate register

      20. (1) The registrar shall maintain a register of professional dental corporations in which shall be entered the names of those corporations permitted under this Act to provide the services of a dentist.

             (2)  The board shall direct the registrar to register a professional dental corporation that establishes that

             (a)  all the voting shares of the corporation are beneficially owned by and registered in the name of one or more practitioners and there is no restriction on the right of each practitioner to exercise his or her vote as he or she wishes to;

             (b)  the non-voting shares are owned by a natural person;

             (c)  all the directors of the corporation are practitioners, and there is no agreement restricting the powers of the directors to manage the business and affairs of the corporation in relation to the practice of dentistry;

             (d)  all of the persons who will be practising dentistry as employees of or on behalf of the corporation are practitioners;

             (e)  the articles of the corporation restrict it to providing the services of a dentist and related matters;

             (f)  the corporation is in good standing under the Corporations Act ; and

             (g)  the corporation has complied with other requirements for registration in the regulations made under section 11 .

             (3)  The corporate register shall be published in accordance with section 9 and a copy of the register shall be available for inspection under that section.

             (4)  The board may enter into a reciprocal agreement with a dental board, association or other body having responsibility for the registration and licensing of professional dental corporations in another jurisdiction for the registration of corporations from that jurisdiction in the register of the board.

             (5)  Notwithstanding subsection (2), the voting shares of a professional dental corporation may be held by

             (a)  an executor or administrator of the estate of a deceased practitioner to discharge the duties of that position; or

             (b)  a trustee in bankruptcy to discharge his or her duties as trustee in respect of the corporation or a practitioner,

for no longer than 180 days, or a longer period where the registrar permits.

2008 cD-6.1 s20

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Annual licence

      21. (1) A professional dental corporation may apply for a licence to provide the services of a dentist in the province and the board shall issue the corporate licence provided that

             (a)  the professional dental corporation is registered under this Act;

             (b)  the application is accompanied by a licence fee which may be established by the board; and

             (c)  the professional dental corporation continues to meet the requirements for registration set out in section 20 and other requirements for being licensed which may be set out in this Act and the regulations made under section 11 .

             (2)  The holder of a licence issued under this section is entitled to  recover from a person, in a court of the province having jurisdiction to order payment from that person, reasonable charges for the provision of professional services by that licence holder.

             (3)  A licence issued under this section expires on January 15 following the day upon which it is issued.

2008 cD-6.1 s21

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Revocation of licence

      22. A licence issued under section 21 may be revoked by the board where

             (a)  the professional dental corporation ceases to meet a requirement for registration or licensing under this Act;

             (b)  the professional dental corporation contravenes this Act or the regulations; or

             (c)  a practitioner is disciplined under sections 26 to 42 in respect of professional services performed by him or her as an employee of or on behalf of the professional dental corporation.

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Effect of incorporation

      23. (1) A practitioner who provides professional services to or through a professional dental corporation is, notwithstanding his or her relationship to the professional dental corporation or the relationship between the patient and the professional dental corporation, subject to

             (a)  the application of this Act as if he or she were providing services as an individual practitioner; and

             (b)  the same duties and responsibilities in connection with his or her dealings with patients of the professional dental corporation as if he or she were providing services directly to those patients.

             (2)  The relationship between a professional dental corporation and a patient receiving services from or through that corporation is subject to the laws relating to the confidential and ethical relationship between a practitioner and his or her patient.

             (3)  All rights and obligations pertaining to communications made to, or information received by, practitioners apply to the shareholders, directors, officers and employees of a professional dental corporation.

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Liability of dentist

      24. (1) Notwithstanding a provision to the contrary in the Corporations Act , a practitioner who provides services or practises dentistry through or on behalf of a professional dental corporation is liable to a person in relation to those services and the practice of dentistry to the same extent and in the same manner as if the practitioner provided those services as an individual and that liability is not affected because of the practitioner’s relationship to the professional dental corporation as a shareholder, director, officer, employee or in another capacity.

             (2)  A practitioner is jointly and individually liable with a professional dental corporation for all claims made against the corporation in connection with the provision of services or the practice of dentistry by the practitioner.

             (3)  In this section "practitioner" includes a person formerly licensed under this Act to practice dentistry.

2008 cD-6.1 s24

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Misconduct of a professional dental corporation

      25. (1) A practitioner is liable to be disciplined under sections 26 to 42 for the actions or conduct of a professional dental corporation while the practitioner was a shareholder, director, officer or employee of the professional dental corporation.

             (2)  A practitioner shall not be liable to discipline under subsection (1) where the practitioner proves that he or she did not know and could not reasonably have known about the relevant actions or conduct of the professional dental corporation.

             (3)  Any powers of inspection, investigation or inquiry that may be exercised in respect of a practitioner under sections 30 and 44 may be exercised in respect of a professional dental corporation or its records in connection with an inquiry under subsection (1).

             (4)  A professional dental corporation is jointly and individually liable with the practitioner for all fines and costs the practitioner is ordered to pay in connection with an inquiry under subsection (1).

             (5)  In this section, "practitioner" includes a person formerly licensed under this Act to practice dentistry.

2008 cD-6.1 s25

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Definitions

      26. In this section and sections 27 to 42

             (a)  "allegation" means a written document alleging that a person has engaged in conduct deserving of sanction;

             (b)  "complainant" means a person making an allegation;

             (c)  "conduct deserving of sanction" includes

                      (i)  professional misconduct,

                     (ii)  professional incompetence,

                    (iii)  conduct unbecoming a practitioner,

                    (iv)  incapacity or unfitness to engage in the practice of dentistry, and

                     (v)  acting in breach of this Act, the regulations or the code of ethics made under section 10 ;

             (d)  "costs incurred by the board" includes

                      (i)  out of pocket expenses incurred by or on behalf of the board,

                     (ii)  amounts paid by the board to adjudication tribunal members as remuneration and for expenses, and

                    (iii)  the actual cost of legal counsel for the board and the adjudication tribunal;

             (e)  "disciplinary panel" means the panel of persons appointed under section 27 from which the members of an adjudication tribunal are chosen;

             (f)  "practitioner", in this section and sections 27 to 42 includes a dental auxiliary and a former practitioner; and

             (g)  "respondent" means a practitioner against whom an allegation is made.

2008 cD-6.1 s26

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Committees

      27. (1) The board shall appoint at least 5 of its members, one of whom is a person appointed under paragraph 5 (2)(b) and one of whom is a person appointed under paragraph 5 (2)(c), to constitute a complaints authorization committee.

             (2)  The board shall appoint the chairperson and vice-chairperson of the complaints authorization committee from the persons appointed under subsection (1).

             (3)  Three members of the complaints authorization committee, one of whom is a person appointed by the minister to represent the public interest, constitute a quorum of the committee.

             (4)  Where a dental auxiliary is the subject of an allegation the quorum required under subsection (3) shall include a person appointed to the board under paragraph 5 (2)(b).

             (5)  The registrar is not eligible to be a member of the complaints authorization committee.

             (6)  The board shall appoint at least 8 practitioners who are not members of the board, one of whom shall be appointed to serve as chairperson, and the minister shall appoint at least 4 persons, who are not practitioners or members of the board,

             (a)  2 of whom shall be representatives of dental auxiliary groups normally defined by the board in regulations made under section 12 ; and

             (b)  2 of whom shall represent the public interest,

who shall together constitute a disciplinary panel.

             (7)  Of the members first appointed to the disciplinary panel, one half shall be appointed for a term of 2 years and the remainder for a term of 3 years and all subsequent appointments of members to the disciplinary panel shall be for a term of 3 years.

             (8)  Notwithstanding the expiry of his or her term, a member of the disciplinary panel continues to be a member until he or she is re-appointed or his or her replacement is appointed.

             (9)  Persons appointed to the disciplinary panel may be reappointed.

          (10)  Members of the disciplinary panel shall serve on the panel without payment for their services, but may be remunerated for service as a member of an adjudication tribunal and paid their travel and other expenses associated with the work of that tribunal by the board, in accordance with and at the rates set by the by-laws.

          (11)  The complaints authorization committee, an adjudication tribunal appointed under section 31 and a person appointed by either of them may summon a respondent or other person and require the respondent or other person to give evidence, orally or in writing, upon oath or affirmation, and produce the documents and things that either of them considers necessary to the full investigation and hearing of an allegation or complaint and shall have the powers, privileges and immunities that are conferred on a commissioner appointed under the Public Inquiries Act, 2006.

2008 cD-6.1 s27

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Allegation

      28. (1) An allegation shall be in writing and signed by the complainant or his or her solicitor, and filed with the registrar.

             (2)  The registrar may on his or her own motion make an allegation and file it, and the allegation shall have the same effect as an allegation referred to in subsection (1).

             (3)  Where the registrar has been informed that a respondent has been convicted of an offence under the provisions of the Criminal Code or a similar penal statute of another territory or country or has been suspended by a governing body of practitioners in another province or territory of Canada or another territory or country for reason of professional misconduct, conduct unbecoming a practitioner or professional incompetence, the information shall be dealt with by the registrar as an allegation.

             (4)  For the purpose of subsection (3), a certified copy of the record of a conviction or findings made or the action taken by an external regulatory body constitutes proof, in the absence of evidence to the contrary, of the conviction or findings made or the action taken by that body, without proof of the signature of the convicting justice or person purporting to have signed on behalf of that body.

2008 cD-6.1 s28

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Effect of filing allegation

      29. (1) Where it appears to the registrar after notifying the respondent of the allegation that the allegation may be resolved satisfactorily and where the complainant and the respondent consent, the registrar may attempt to resolve the matter.

             (2)  Where the allegation is not satisfactorily resolved by the registrar under subsection (1), he or she shall refer the allegation and all other allegations to the complaints authorization committee.

             (3)  The registrar shall inform a complainant and a respondent of the referral of the allegation to the complaints authorization committee.

2008 cD-6.1 s29

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Complaints authorization committee

      30. (1) After an allegation has been submitted to the complaints authorization committee, the committee may exercise one or more of the following powers:

             (a)  refer the allegation back to the registrar for an investigation or alternative dispute resolution, or both in accordance with the regulations;

             (b)  conduct an investigation itself or appoint a person to conduct an investigation on its behalf;

             (c)  conduct a review of the respondent's practice or the conduct of a corporation to which sections 18 to 25 apply of which the practitioner is a voting shareholder; and

             (d)  require the respondent to appear before it.

             (2)  Where the complaints authorization committee is of the opinion that there are no reasonable grounds to believe the respondent has engaged in conduct deserving of sanction, the committee shall dismiss the allegation and give notice in writing of the dismissal to the complainant and the respondent.

             (3)  Where the complaints authorization committee is of the opinion that there are reasonable grounds to believe that a respondent has engaged in conduct deserving of sanction, the allegation shall be considered as constituting a complaint, and the committee may

             (a)  counsel or caution the respondent; or

             (b)  instruct the registrar to file the complaint against the respondent and refer it to the disciplinary panel; and

             (c)  suspend or restrict the practitioner's right to practise.

             (4)  A person conducting an investigation under subsection (1) may require

             (a)  the respondent to

                      (i)  undergo an examination or assessment he or she considers necessary and as arranged by the registrar, and

                     (ii)  permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy the records of the respondent and other documents relating to the subject matter of the investigation; and

             (b)  another person to permit the registrar or a member of the complaints authorization committee or a person appointed by the complaints authorization committee to inspect and copy records and other documents relating to the subject matter of the investigation held by that person,

and the respondent or other person shall comply.

             (5)  An action for damages does not lie against a practitioner or another person to whom a request is made solely because he or she provides information requested of him or her under subsection (4).

             (6)  Where the registrar, a member of the complaints authorization committee or a person appointed by the complaints authorization committee requires that a respondent or another person provide information under subsection (4), that information shall be provided within 7 days of receipt of the request or a different period as specified in the request.

             (7)  A complainant whose allegation is dismissed by the complaints authorization committee under subsection (2) may, within 30 days after receiving notice of the dismissal, appeal the dismissal to the Trial Division by filing a notice of appeal with the court.

             (8)  Subsections (4), (5) and (6) apply to the Crown.

2008 cD-6.1 s30; 2013 c16 s25

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Adjudication tribunal

      31. (1) For the purpose of dealing with complaints referred to the disciplinary panel, the chairperson of the disciplinary panel shall appoint from it an adjudication tribunal consisting of 3 persons, of whom 2 shall be practitioners and one shall be a member of the panel appointed to represent the public interest.

             (2)  The chairperson of the disciplinary panel shall appoint one of the practitioners on an adjudication tribunal to be the chairperson.

2008 cD-6.1 s31

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Hearing

      32. (1) Where a complaint has been referred under paragraph 30 (3)(b), an adjudication tribunal shall hear the complaint.

             (2)  The parties to a hearing are the board and the respondent and a party may be represented by his or her counsel at a hearing.

             (3)  A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers that the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public.

2008 cD-6.1 s32

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Copies of books, etc. as evidence

      33. A copy or extract of a book, record, document or thing certified by

             (a)  a member of the complaints authorization committee; or

             (b)  a person authorized under subsection 30 (4) to conduct an inspection,

who made the copy or extract under subsection 30 (4) is admissible in evidence in an action, proceeding or prosecution, in the absence of evidence to the contrary, as evidence of the original book, record, document or thing and its contents.

2008 cD-6.1 s33

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Guilty plea by respondent

      34. (1) Where a respondent pleads guilty to one or more of the charges set out in a complaint, the adjudication tribunal shall, without calling evidence or hearing witnesses, unless the tribunal believes it is appropriate to do so, hear submissions from the parties.

             (2)  Where a respondent pleads guilty, and following submissions under subsection (1), the adjudication tribunal may

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and strike the respondent’s name from the register;

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (e)  order that the respondent pay the costs or a part of the costs incurred by the board in the investigation and hearing of the complaint;

             (f)  order that the registrar publish a summary of the decision including the information set out in subsection 36 (4) and other information that the tribunal may specify; and

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been rehabilitated such that the respondent can safely return to practice,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or another body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit periodic inspection of records relating to his or her practice, or

                    (xi)  impose other requirements that are just and reasonable in the circumstances.

             (3)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2008 cD-6.1 s34

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Powers of adjudication tribunal

      35. (1) Upon the hearing of a complaint, an adjudication tribunal shall decide whether or not a respondent is guilty of conduct deserving of sanction.

             (2)  Where an adjudication tribunal decides that a respondent is not guilty, it shall dismiss the complaint and may, where it believes that the submission of the complaint to the tribunal for a hearing was unreasonable,

             (a)  order that those costs that the tribunal considers appropriate be paid by the board to the respondent; and

             (b)  make another order that it considers appropriate.

             (3)  Where an adjudication tribunal decides that a respondent is guilty, it may

             (a)  reprimand the respondent;

             (b)  order that the respondent be suspended for a fixed period that it considers appropriate, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that conditions which it may impose are fulfilled, or until further order of the adjudication tribunal;

             (c)  allow or direct the respondent to surrender his or her licence to the board upon those conditions that may be considered appropriate and strike the respondent’s name from the register;

             (d)  impose a fine not to exceed $10,000 to be paid to the board;

             (e)  order that the respondent pay the costs or a part of the costs incurred by the board in the investigation or hearing of the complaint;

             (f)  order that the registrar publish a summary of the decision including the information set out in subsection 36 (4) and other information that the tribunal may specify; and

             (g)  order that the respondent comply with one or more of the following:

                      (i)  make restitution to the complainant or other person affected by the conduct of the respondent,

                     (ii)  obtain medical treatment,

                    (iii)  obtain counselling,

                    (iv)  obtain substance abuse counselling or treatment, until the respondent can demonstrate to the board or other body or person designated by the adjudication tribunal that a condition related to substance abuse rendering the respondent incapable or unfit to practise has been rehabilitated such that the respondent can safely return to practice,

                     (v)  engage in continuing education programs,

                    (vi)  complete a course of studies or obtain supervised clinical experience, or both, to the satisfaction of the board or other body or person designated by the adjudication tribunal,

                   (vii)  report on his or her compliance with an order made under this section and authorize others involved with his or her treatment or supervision to report on it,

                  (viii)  restrict his or her professional practice or continue his or her practice under specified conditions,

                    (ix)  permit periodic inspection of his or her practice,

                     (x)  permit periodic inspection of records relating to his or her practice, or

                    (xi)  impose other requirements that are just and reasonable in the circumstances.

             (4)  The costs incurred by the board to ensure the compliance of a respondent with an order or direction of an adjudication tribunal under this section shall be borne by the respondent.

2008 cD-6.1 s35

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Filing and publication of decisions

      36. (1) An adjudication tribunal shall file a decision or order made under subsection 34 (2) or 35 (3) with the registrar and provide a copy to the complainant, the respondent, the respondent's employer and the minister.

             (2)  The registrar shall maintain a copy of a decision or order filed under subsection (1) for a minimum of 5 years after the day the decision is filed and shall upon receiving a request to view the disciplinary records in relation to a practitioner permit a person to view those records.

             (3)  The registrar shall publish a summary of a decision or order of an adjudication tribunal in a newspaper of general circulation in or nearest to the community in which the respondent practises within 14 days of the expiry of the appeal period provided in section 42 where the decision or order

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence;

             (c)  restricts the respondent’s practice;

             (d)  specifies conditions for the continuing practice of the respondent; or

             (e)  requires that a summary of the decision or order be published.

             (4)  Unless a court orders otherwise, the summary of the decision published under subsection (3) shall include

             (a)  the name of the respondent and the address where he or she practises;

             (b)  the date, location and a brief description of the conduct of the respondent that was found to be deserving of sanction;

             (c)  the name of the complainant, unless the complainant has requested that his or her name be withheld;

             (d)  the contents of the order in relation to the actions referenced in paragraphs (3)(a) to (d); and

             (e)  other information specified for publication in the decision or order.

             (5)  Where a decision published under this section is varied or set aside, the registrar shall within 14 days of the filing of the subsequent decision or order publish a summary of the decision or order and subsections (3) and (4) apply, with the necessary changes.

             (6)  The registrar may give notice of the decision and information respecting the decision to the other persons the board may direct and shall include a summary of the decision in a certificate of good standing issued in relation to the respondent.

2008 cD-6.1 s36; 2014 c7 s3

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De-registration and suspension

      37. (1) Where a respondent is allowed or directed to surrender his or her licence, his or her rights and privileges as a practitioner to practise cease.

             (2)  Where a respondent requests that his or her name be removed, or where his or her name is struck off, a register maintained under this Act, his or her rights and privileges as a practitioner cease.

             (3)  Where a respondent is suspended, his or her rights and privileges as a practitioner cease for the period of suspension.

             (4)  Where conditions or restrictions have been imposed upon a respondent’s ability to carry on his or her practice, his or her rights and privileges as a practitioner shall be limited to the extent specified by the conditions or restrictions.

2008 cD-6.1 s37

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Failure to comply

      38. (1) On application by the board to the disciplinary panel, an adjudication tribunal may make an order suspending the licence of a respondent where it determines that the respondent has failed to comply with a decision or an order under sections 26 to 42 .

             (2)  The parties to the application are the board and the respondent.

             (3)  An order of an adjudication tribunal under this section may suspend the licence of the respondent for a fixed period that the adjudication tribunal may consider appropriate, or until conditions which it may impose are fulfilled, or until further order of the adjudication tribunal.

2008 cD-6.1 s38

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Reinstatement and readmission

      39. (1) Where a decision or order of an adjudication tribunal

             (a)  suspends the respondent;

             (b)  allows or directs the respondent to surrender his or her licence or to be removed from a register maintained under this Act;

             (c)  restricts the respondent’s practice; or

             (d)  specifies conditions for the continuing practice of the respondent,

and where the respondent alleges that new evidence has become available or a material change in circumstances has occurred since the making of the decision or order, the respondent may apply to the complaints authorization committee for a supplementary hearing to discharge or vary the decision or order based on the new evidence or material change in circumstances.

             (2)  An application under subsection (1) shall be made not more than 90 days after the new evidence becomes available or the material change in circumstances has occurred.

             (3)  Where an application is made to the complaints authorization committee under subsection (1), and the committee is of the opinion that new evidence has become available or that a material change in circumstances has occurred, as alleged by a respondent, the matter shall be referred to an adjudication tribunal as if it were a matter referred under paragraph 30 (3)(b) and sections 32 to 37 apply, with the necessary changes, to the referred matter.

             (4)  The parties to a supplementary hearing under this section are the respondent and the board.

             (5)  For the purpose of this section, in addition to an order that an adjudication tribunal may make under section 35 , a tribunal may

             (a)  vary the original decision or order made under section 35 ; or

             (b)  discharge the original decision or order, with or without conditions.

2008 cD-6.1 s39

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Costs of the board

      40. (1) Where a person who was ordered to pay the costs of the board under paragraph 34 (2)(e) or 35 (3)(e) fails to pay in the time required, the board may suspend the registration or licence of that person until the costs are paid.

             (2)  Costs ordered to be paid under paragraph 34 (2)(e) or 35 (3)(e) are a debt due to the board and may be recovered by the board by a civil action.

2008 cD-6.1 s40

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Collection of fine

      41. (1) Where an order is made under section 34 or 35 imposing a fine on a respondent, the board may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Trial Division.

             (2)  Where a certificate is filed with the Trial Division under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

             (3)  A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

             (4)  On an application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge’s decision.

             (5)  There is no appeal from a decision of a judge made under this section.

             (6)  A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act and be enforced in accordance with that Act.

2008 cD-6.1 s41; 2013 c16 s25

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Appeal

      42. (1) The board or the respondent may, within 30 days after receiving notice of a decision or order of an adjudication tribunal, appeal the decision or order or a part of it to the Trial Division by filing a notice of appeal with the court.

             (2)  An appeal under this section does not stay the decision or order being appealed unless the Trial Division orders otherwise.

2008 cD-6.1 s42; 2013 c16 s25

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Application of sections to professional corporation

      43. (1) Sections 26 to 42 apply, with the necessary changes, to a corporation to which sections 18 to 25 apply, as if it was a member.

             (2)  Regulations made under section 11 respecting the disciplining of members under sections 26 to 42 apply to a corporation to which sections 18 to 25 apply as if it was a member.

2008 cD-6.1 s43

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Evidence of registration

      44. (1) Where registration is at issue, the production of a copy of the register, certified and signed by the registrar, is sufficient evidence of all persons who are registered in place of the production of the original, and a certificate upon a copy of the register purporting to be signed by a person as registrar is, in the absence of evidence to the contrary, proof that the person is the registrar.

             (2)  The absence of the name of a person from the register or a copy of the register certified according to subsection (1) is, in the absence of evidence to the contrary, proof that that person is not registered.

2008 cD-6.1 s44

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Inspection

      45. (1) The board may appoint representatives that it considers advisable to inspect places where dentistry is practised in the province and to assess the quality of dentistry practised there.

             (2)  The representatives may enter, without notice and at all reasonable times, places where dentistry is practised to make all necessary inspections.

             (3)  The representatives shall report to the board and the practitioner concerned the results of their inspection together with their recommendations for the remedying of an unethical, unsanitary, illegal or improper conduct, condition, practice or procedure that is found.

             (4)  A recommendation of the representatives that is not promptly and adequately adopted and carried into effect by the practitioner concerned shall be reported by the representatives to the board who shall make a formal written demand on that practitioner to adopt and carry that recommendation into effect.

             (5)  Failure on the part of a practitioner to comply promptly and completely with a demand made under subsection (4) is considered to be professional misconduct on the part of the practitioner.

             (6)  A practitioner who is aggrieved by a report or recommendation of the representatives or demand of the board made under this section may appeal the report or recommendation to a judge of the Trial Division.

2008 cD-6.1 s45

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Offences and penalties

      46. A person who

             (a)  is not licensed and registered in accordance with the provisions of this Act, and who, by himself or herself or by another person, practises dentistry or holds himself or herself out as qualified or entitled to so practise;

             (b)  knowingly aids and abets another in the contravention of this Act;

             (c)  permits or allows a person in his or her employ other than a licensed and registered dentist to practise dentistry;

             (d)  procures or attempts to procure for himself or herself registration in accordance with this Act by making a false or fraudulent representation or declaration, either oral or in writing; or

             (e)  contravenes this Act or the regulations,

is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000 and in default of payment to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

2008 cD-6.1 s46

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Protection from liability

      47. An action for damages does not lie against the registrar, an officer, employee or agent of the board, a member of a disciplinary panel, adjudication tribunal or the individual members of those bodies, a person appointed by the complaints authorization committee to conduct an investigation, another agent of the board for an act or failure to act or a proceeding initiated or carried out in good faith under this Act, or for carrying out duties or obligations authorized under this Act or for a decision or order made or enforced in good faith under this Act.

2008 cD-6.1 s47

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Transitional

      48. (1) The members of the Newfoundland Dental Board continued under the Act repealed by this Act in office on the day this Act comes into force shall serve, for no longer than one year, as the members of the board continued under section 5 of this Act notwithstanding the requirements of that section respecting the composition of the board.

             (2)  Notwithstanding subsection 5 (3), at the first election or appointment of the members of the board, 2 of the members referred to in paragraph 5 (2)(a), one of the members referred to in paragraph 5 (2)(b) and one of the members referred to in paragraph 5 (2)(c) shall be elected or appointed for a period of 2 years.

             (3)  A disciplinary action that was started under section 26 of the Act repealed by this Act and that has not concluded on the day that Act is repealed shall be continued and concluded under that section as if the section had not been repealed.

2008 cD-6.1 s48

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RSNL1990 cD-6 Rep.

      49. The Dental Act is repealed.

2008 cD-6.1 s49

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Commencement

      50. This Act comes into force on January 1, 2009 .

2008 cD-6.1 s50