Revised Statutes of Newfoundland 1990 Chapter D-6

(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 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 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) "disciplinary committee" means the disciplinary committee appointed under subsection 26(1);

(f) "executive committee" means the executive committee of the association referred to in section 9;

(g) "licence" means a licence to practise dentistry or dental surgery issued and in force under this Act and includes a provisional licence and the renewal of that licence;

(h) "minister" means the Minister of Health;

(i) "practice of dentistry" or "practice of dental surgery" includes a single act referred to in paragraph (d);

(j) "practitioner" means a dentist or dental surgeon licensed to practise under this Act;

(k) "register" means the register referred to in paragraph 16(b); and

(l) "registrar" means the registrar appointed under section 12.

1983 c26 s2

3. The Newfoundland Dental Association is continued as a corporation.

1983 c26 s3

4. The objects of the association are

(a) to promote and advance dentistry or dental surgery 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 or dental surgery, and to maintain the honour and integrity of the dental profession;

(b) to aid in the furtherance of measures designed to improve dental health and prevent 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 or dental surgery; 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.

1983 c26 s5; 1984 c18 s3

5. The association may

(a) acquire assets and property both real and personal by way of purchase, lease, grant, hire, exchange or otherwise and dispose of the property by any means;

(b) provide for the management of its property and effects and of its affairs and business;

(c) borrow money for the purpose of carrying out the objects of the association and give security for money so borrowed on its real or personal property by way of mortgage, pledge, charge or otherwise;

(d) invest money of the association, not immediately required for its objects, in a manner that it may determine;

(e) establish local and regional branches;

(f) fix and collect the annual fees payable to it by its members and assess penalties for late payment of those fees;

(g) enter into agreements with a person, association, agent or commission, or the government of the province, including agencies of government, that are necessary for or incidental or conducive to the carrying out of the objects of the association;

(h) publish or promote the publication of journals, newsletters, transactions, reports, brochures or other papers to advance the objects of the association;

(i) act as agent within the province for the Canadian Dental Association, or another association recognized as representing dental practitioners in Canada, and collect and remit the fees levied by that association;

(j) receive gifts, donations and bequests from persons or associations and make gifts or donations for the promotion of the objects of the association;

(k) act on behalf of its members, or a group or section or division of its members, and negotiate for, or on their behalf, with other persons or agencies, including government agencies; and

(l) do all other things, including the employment of staff and other persons, that may be necessary or desirable for exercising the powers conferred by this Act.

1983 c26 s6; 1984 c18 s3

6. (1) The association may make by-laws not inconsistent with this Act that are necessary or desirable for the attainment of its objects or for the proper exercise of its powers.

(2) A by-law, or an amendment or revocation of a by-law, may be made at a general meeting of the association where

(a) notice of the by-law, amendment or revocation is given in writing to every member of the association eligible to vote at least 1 month before the general meeting at which the by-law, or amendment or revocation, is to be made; and

(b) 2/3 of the members of the association eligible to vote, present in person or by proxy at a general meeting, vote in favour of the by-law, amendment or revocation.

1983 c26 s7

7. (1) All persons who

(a) are holders of a licence; and

(b) pay the fee for membership fixed in accordance with paragraph 5(f),

are, notwithstanding anything contained in the by-laws, members of the association and have full voting rights in the association.

(2) The association may, if the by-laws so provide, but subject to the conditions, terms and limitations, including conditions respecting voting rights that may be prescribed in the by-laws, appoint persons as associate members, student members, life members and to other types of membership in the association.

1983 c26 s8

8. The association shall, in the manner and at the time provided in the by-laws, hold an annual general meeting and may hold other general meetings that are required during each year.

1983 c26 s9

9. (1) There shall be an executive committee of the association elected in the manner set out in the by-laws from among the members of the association in good standing, and consisting of the number of persons that the by-laws prescribe.

(2) The executive committee shall carry on the general management of the affairs and business of the association in accordance with this Act and the by-laws.

1983 c26 s10

10. (1) The Newfoundland Dental Board is continued as a corporation, having as its members

(a) 5 registered and licensed dentists nominated and elected by the association; and

(b) 3 persons appointed by the minister, 2 of whom shall be dental auxiliaries referred to in section 21.

(2) A member of the board holds office, subject to good behaviour, for a term of 3 years or until his or her successor is elected or appointed.

(3) 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.

(4) A person named to fill a vacancy on the board shall be appointed or elected in the same manner as the person he or she is replacing and serve only for the remainder of the term of office of the member being replaced, but is eligible for reappointment or re-election.

(5) The board shall be responsible to the minister.

(6) The members of the board shall receive travelling and other expenses that may be prescribed by the regulations.

1983 c26 s11

11. Notice of the election or appointment of members of the board shall be published in the Gazette, but the failure to do so does not affect the validity of an election or appointment.

1983 c26 s12

12. (1) The board shall, immediately after its establishment under section 10, meet and

(a) elect from among its membership a person to act as chairperson; and

(b) appoint, either from among the members of the board or outside the board, a person, who is registered and licensed to practise dentistry or dental surgery within the province, as the registrar.

(2) The chairperson elected under subsection (1) shall, immediately after the meeting, notify the minister in writing of the results of the election and appointment referred to in subsection (1).

(3) The registrar is by virtue of that office a member of the board where the registrar is appointed from outside the board and in that case the registrar is not subject to subsection 10(3).

(4) Where the board fails to appoint a registrar or elect a chairperson at the meeting referred to in subsection (1), the minister shall designate 1 member of the board to be chairperson and another to be registrar.

1983 c26 s13

13. Five members of the board, at least 3 of whom shall be members referred to in paragraph 10(1)(a) and at least 1 of whom shall be a member referred to in paragraph 10(1)(b), constitute a quorum for a meeting of the board.

1983 c26 s14

14. The board may make those rules it considers necessary for the calling of its meetings and the order and conduct of business at its meetings; but, in the absence of those rules, meetings shall be called by the chairperson of the board by notice given by letter, telegram or telephone, at least 48 hours prior to the time set for the holding of the meeting.

1983 c26 s15

15. (1) The board shall, subject to the regulations,

(a) examine all degrees, diplomas, licences and other credentials of an applicant for a licence to practise dentistry or dental surgery for the purpose of determining if the applicant should be licensed and registered to practise dentistry or dental surgery in accordance with the provisions of this Act and the regulations;

(b) where it considers examinations to be necessary, prescribe examinations to ascertain the qualifications of persons to be licensed and registered in accordance with the provisions of this Act and the regulations;

(c) approve the issuance of, and issue licences to, persons who meet the requirements of this Act and the regulations; and

(d) where it considers it necessary, act as a disciplinary body for the purposes of section 26.

(2) The board shall, from time to time, appoint a practitioner to serve as a delegate to the National Dental Examining Board.

1983 c26 s16

16. The registrar is the secretary of the board and shall

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

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

(c) subject to the payment of all applicable fees under this Act, when the board has approved the licensing and registration of a person, enter the name of the person in the register and, in accordance with sections 18 and 19, issue to that person a licence to practise dentistry or dental surgery; and

(d) before March 1 in each year publish in the Gazette the names, in alphabetical order with their respective addresses, of all persons who are holders of licences to practise dentistry or dental surgery in the province and whose names appear on the register as of January 1 immediately preceding the publication.

1983 c26 s17

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

1983 c26 s18

18. (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 or dental surgery from a university, college or school of dentistry or dental surgery recognized and approved by the board;

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

(c) has a working knowledge of the English language to a degree sufficient to enable the person to practise dentistry or dental surgery in the province; and

(d) meets the other requirements relating to the licensing of dentists or dental surgeons that the board may prescribe by regulation.

(2) It is a condition of the issuance of every licence under this section and section 19 that the person to whom the licence is issued shall, within 1 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.

1983 c26 s19

19. (1) The board may, upon receipt of the prescribed fee, issue a provisional licence to a person upon being reasonably satisfied, after proper inquiry, that the person is the holder of qualifications set out in the regulations.

(2) A provisional licence issued under subsection (1) shall

(a) be issued subject to the terms, conditions and limitations; or

(b) permit the practice of dentistry or dental surgery by the holder of the provisional licence within a specific location,

that may be set out in the provisional licence.

(3) The holder of a provisional licence under this section has the right to engage in the practice of dentistry or dental surgery only under the terms, conditions and limitations, for the period and in the locality, set out in the provisional licence.

1983 c26 s20

20. Subject to the approval of the minister, the board may make regulations

(a) prescribing the qualifications for the licensing and registration of persons to practise dentistry or dental surgery in the province;

(b) providing for examinations to determine the qualifications of persons to be licensed and registered under this Act and prescribing the content of and who may conduct the examinations;

(c) exempting a person from the examination that the regulations may prescribe where that person meets the qualifications that may be prescribed by the regulations;

(d) providing for and prescribing the amount of fees payable under this Act and prescribing penalties for late payment;

(e) providing for the cancellation of licences for non-payment of fees;

(f) respecting the disciplining of practitioners, including the composition of the disciplinary committee;

(g) respecting the remission of fees or a portion of fees and the conditions of the remission;

(h) defining "professional misconduct";

(i) for the effective exercise of its powers, functions and duties, the management of its affairs and the conduct of its business;

(j) prescribing forms for use under this Act, including forms for the application for licensing and registration under this Act;

(k) prescribing types of expenses and the amount of expenses payable for the purpose of subsection 10(6);

(l) providing for the itemization of accounts rendered for the provision of services;

(m) providing for the holding of inquiries into the operation of this Act and into a charge or complaint that a person has contravened this Act or the regulations, or into a matter arising in the administration of this Act, and providing the persons holding the inquiry with the powers that are or may be conferred upon a commissioner by or under the Public Inquiries Act, including the power to take evidence under oath or affirmation;

(n) providing for the maintenance of the register, and the form and contents of the register;

(o) providing for the maximum amount of a penalty to be imposed under paragraph 26(4)(c);

(p) providing for the terms and conditions to be attached to the issuance of a provisional licence to practise dentistry or dental surgery;

(q) 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; and

(r) generally, to give effect to the purpose of this Act.

1983 c26 s21; 1985 c13 s5

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

(a) defining a dental auxiliary and classifying dental auxiliaries;

(b) prescribing the qualifications necessary for each class of dental auxiliaries to be registered and licensed or certified under this Act;

(c) providing for the registration and licensing or certification of members of each class of dental auxiliaries and prescribing the fees payable, the times at which those fees are to be paid and the penalties for late payment;

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

(e) establishing standards of conduct, competence and proficiency for each class of dental auxiliaries;

(f) defining professional misconduct for each class of dental auxiliaries;

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

(h) providing for the cancellation of the registration of a dental auxiliary or the suspension or revocation of his or her licence or certificate; and

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

1983 c26 s22

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

1983 c26 s23

23. In prescribing the amount of fees under paragraph 20(d) 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.

1983 c26 s24

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

(2) The board shall appoint auditors who shall annually audit the affairs of the board and immediately upon receipt of the audited report the chairperson of the board, or failing the chairperson, the registrar, shall deliver a copy of the auditors' report to the minister.

1983 c26 s25

25. The board may recover fees or other amounts due the board by a person as a private debt in a court of competent jurisdiction.

1983 c26 s26

26. (1) The board may appoint a disciplinary committee consisting of those members of the board together with other persons that the board may decide.

(2) Where the board is of the opinion or has reasonable cause to believe that a practitioner has committed professional misconduct or malpractice, or may be guilty of conduct unbecoming a practitioner, or may, by the continuation in the practice of dentistry or dental surgery, constitute a danger to the public or a person, the board or, where the matter is referred to it by the board, the disciplinary committee shall inquire into the matter.

(3) The disciplinary committee shall, after conducting an inquiry into a matter referred to it by the board under subsection (1), report in writing to the board its findings and recommendations and reasons.

(4) Upon receipt of a report of the disciplinary committee and after reviewing the report, or, where the board has itself conducted the inquiry, the board may

(a) remove the name of the practitioner from the register;

(b) suspend the licence of the practitioner for a period that the board may determine;

(d) impose conditions or limitations on the practitioner in carrying out the practice of dentistry or dental surgery; or

(e) take other action that it may consider appropriate in the circumstances.

(5) For the purpose of an inquiry conducted under subsection (2), the board or the disciplinary committee has all the powers that are or may be conferred on a commissioner by the Public Inquiries Act.

(6) The practitioner has the right to be heard and to be represented by a solicitor or other person at the inquiry.

1983 c26 s27; 1985 c13 s25

27. (1) A practitioner aggrieved by a decision of the board under section 18, 19 or 26 may appeal to a judge of the Trial Division within 30 days after the decision of the board by filing in the office of the Registrar of the Supreme Court a notice of appeal and serving a copy of the notice on the board.

(2) Notwithstanding a rule or practice to the contrary, the notice of appeal shall

(a) set out in detail the allegations of the appellant and the grounds upon which the suspension or cancellation or other disciplinary action is appealed against; and

(b) be signed by the appellant or the appellant's solicitor.

(3) The appellant shall, within 14 days after service of the notice of appeal under this section, apply to the judge for the appointment of a day for the hearing of the appeal and shall, not less than 14 days before the hearing, serve upon the board a written notice of the day appointed for the hearing.

(4) The judge shall hear the appeal and the evidence adduced by the appellant and the board, and shall decide the matter of the appeal by

(a) upholding or revoking the action of the board; or

(b) making another decision or order that the judge considers to be appropriate, including orders as to costs for or against the appellant or the board and the amount of the costs.

(5) An appeal may be taken from the decision of the judge to the Court of Appeal upon a point of law raised at the hearing of the appeal.

(6) The board shall require the registrar to implement the decision of the judge of the Trial Division or the Court of Appeal and shall comply with the terms of an order made by the court.

1983 c26 s28; 1985 c13 s5

28. (1) Where registration is in 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.

1983 c26 s29

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

(2) The representatives may enter, without notice and at all reasonable times, places where dentistry or dental surgery 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, and section 27 applies with the necessary changes.

1983 c26 s30

30. (1) A practitioner may demand, receive, and sue for in a court, reasonable fees for professional services rendered and the cost of materials or appliances supplied.

(2) Other than as provided for in subsection (1), a person shall not recover in a court fees or money for professional services performed or for materials or appliances supplied in the practice of dentistry or dental surgery in the province.

1983 c26 s31

31. An action shall not be brought against a practitioner for negligence or malpractice by reason of professional services rendered by him or her unless the action is started within 2 years from the date the professional services terminated.

1983 c26 s32

32. 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 dental surgery 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 or dental surgeon to practise dentistry or dental surgery;

(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 $1,000 and in default of payment to imprisonment for a term not exceeding 3 months or to both a fine and imprisonment.

1983 c26 s33

33. A member of the board is not personally liable for loss or damage suffered by a person by reason of anything done in good faith by that member in the execution of his or her office or under, or in the exercise of or supposed exercise of, the powers given to the board or to a member of the board.

1983 c26 s34