Definitions

1  In this Act:

"college" means the College of Dental Surgeons continued under section 2;

"committee" means a committee appointed under the rules;

"council" means the council of the college;

"register" means the dentists register and any other register kept by the registrar under section 23;

"registered as a member" means registered under this Act as a member of the college;

"registered under the rules" means registered as belonging to a class of person to whom a dentist may delegate duties and procedures related to the treatment of the dentist's patients as provided in the rules;

"registrant" includes persons registered as a member and persons registered under the rules;

"registrar" means the officer appointed as the registrar under section 23;

"rules" means the rules made by the council under this Act.

 College of Dental Surgeons

2  (1)  The College of Dental Surgeons is continued.

(2)  The membership of the college is composed of all persons who are registered as members of the college under this Act.

 Incorporation

3  The members of the college continue to be a corporation under the name of The College of Dental Surgeons of British Columbia, with the power to acquire, hold and dispose of property and to borrow, raise, guarantee or secure the payment of money for the purposes of this Act.

 Duty and objects of the college

4  (1)  It is the duty of the college at all times

(a) to serve and protect the public, and

(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.

(2)  The college has the following objects:

(a) to superintend the practice of registrants;

(b) to govern registrants according to this Act and the rules;

(c) to establish, monitor and enforce standards of education and qualifications for registration of registrants;

(d) to establish, monitor and enforce standards of practice to enhance the quality of practice and reduce incompetent, impaired or unethical practice amongst registrants;

(e) to establish and maintain a continuing competency program to promote high practice standards amongst registrants;

(f) to establish a patient relations program to seek to prevent professional misconduct of a sexual nature;

(g) to establish, monitor and enforce standards of professional ethics amongst registrants;

(h) to require registrants to provide an individual with access to the individual's health care records in appropriate circumstances;

(i) to inform individuals of their rights under this Act and the Freedom of Information and Protection of Privacy Act;

(j) to administer the affairs of the college and perform other duties through the exercise of the powers conferred under this Act.

 College action to carry out duties

5  Subject to section 4, and in order to carry out its duties, the college may do the following:

(a) enter into arrangements and agreements as required in the opinion of the council to promote and provide adequate dental treatment in any area of British Columbia;

(b) cooperate with the government and other persons who promote, provide or administer prepaid or insured dentistry programs in British Columbia and enter into arrangements or agreements with those persons for the gathering and collation of statistics relating to those programs or for the processing of claims or payment of services rendered under those programs by members of the college and bodies ancillary to the profession of dentistry;

(c) provide fee guides for services rendered by persons registered as a member.

 Annual report

6  (1)  The council must submit an annual report respecting the college to the minister not later than 120 days after the end of the fiscal year for the college.

(2)  The annual report must include the information that the Lieutenant Governor in Council may prescribe.

 Council

7  (1)  The council of the college must be elected as provided for in this Act.

(2)  The council must call an annual meeting of the college, at which there may be discussed any matters pertaining to the welfare of the college.

(3)  The officer in charge of finances of the college must submit a financial statement to the annual meeting.

 Power to enter into agreements

8  (1)  The council may, on behalf of a person or a class of person registered as a member, enter into agreements with the government of Canada or British Columbia or any other person respecting fees paid for dental services rendered by that person or that class of person registered as a member.

(2)  Subject to the rules, every person registered as a member is bound by an agreement entered into by the council on his or her behalf.

 Council members

9  (1)  The council consists of 15 members or a greater number the council specifies.

(2)  The members of council must be selected as follows:

(a) members elected from each dental electoral district established under this Act and from the general membership at large;

(b) a number of persons appointed by the minister equal to

(i)  1/3 of the total number of members of council if this total is divisible by 3 without remainder, or

(ii)  the nearest whole number over 1/3 of the total number of members of council if this total is not divisible by 3 without remainder;

(c) one or more persons, selected as provided by the council, from each of the auxiliary bodies to the profession of dentistry approved by the council;

(d) one person, selected as provided by the council, by, and from, the faculty of dentistry of a university;

(e) one person appointed by the Dental Inter Specialty Society of British Columbia.

 Dental electoral districts

10  (1)  In this section, "county" has the meaning in the County Boundary Act.

(2)  British Columbia is divided into 5 dental electoral districts each with the number of elected council members listed in the following table and containing the listed counties:

 Dental electoral district and auxiliary body representation

11  The council may, for the purposes of section 9, designate the following by a 2/3 vote:

(a) the number and boundaries of the dental electoral districts;

(b) the number of representatives for each dental electoral district;

(c) the number of council members at large;

(d) the number of representatives from each auxiliary body to the profession of dentistry.

 Election of members of council

12  (1)  The manner of the taking of votes and the conduct and regulation of elections for members of the council must be carried on and held under the First Schedule.

(2)  At all elections retiring members of the council are eligible for re-election.

(3)  Subject to section 13, a member of the college is entitled to vote at every election.

(4)  There must be an annual election for members of the council on a date set by council.

(5)  At an annual election at least 1/3 of the elected members of the council must be elected for a term not exceeding 3 years.

(6)  The members of the council elected under this section assume office on the first Monday of September following their election and, unless removed from office under section 16, hold office until their successors assume office.

(7)  Subject to subsection (2) and subsection (5), the number of members of the council to be elected annually, the term of office of the members of the council, and the term of office for which other members and officers are elected may be designated by a 2/3 vote of the council.

 Qualifications for voting and election to council

13  (1)  Members of the college are entitled to vote at an election and are eligible for election as members of the council only if

(a) they are in good standing,

(b) they hold an unexpired licence issued under section 59 and issued not later than March 1 before the election, and

(c) they are not limited members registered under section 26 (3).

(2)  A member entitled to vote under this Act at an election for a representative of a dental electoral district must vote only for the member of the council to be elected for the dental electoral district in which the member entitled to vote practises.

 Council decides who is elected

14  (1)  In the case of doubt or dispute as to the legality of the election of a member of the council, the council may decide who is the legally elected member of the council.

(2)  The person whom the council decides to have been elected is the member legally elected.

(3)  If an election is found to have been illegal, the council may order a new election to fill the vacancy.

 Officers

15  (1)  The membership of the college must elect from among its members a president, a treasurer, and other officers necessary, in the opinion of the council, for the administration of this Act.

(2)  The president, treasurer, and other officers

(a) must be members of the council and,

(b) unless removed from office under section 16, hold office until their successors assume office.

 Removal and replacement

16  (1)  A member of the council may be removed from the council before the expiration of the member's term in accordance with the rules.

(2)  If a member of the council is removed, the council may, in accordance with the rules, appoint a new person to replace the removed member for the remainder of the removed member's term.

(3)  A person appointed under subsection (2) is deemed to be a member validly elected in accordance with this Act.

 Executive committee

17  (1)  At its first meeting following its election, the council must appoint from among its members an executive committee for action on all matters delegated to it by the council, or that require immediate action, interference or attention between council meetings.

(2)  All actions of the executive committee are valid unless otherwise ordered by the council, but the executive committee has no power to alter, repeal or suspend a bylaw of the council.

 Meetings of council

18  Despite section 28 (3) (n), the president or, if the president is absent or dies, the registrar, may summon the council to meet at a time and place as he or she sees fit, by circular or letter mailed to each member.

 Notice of meetings

19  At least one week's notice of a meeting of the council must be given.

 President to chair meetings

20  (1)  The president must preside at all meetings of the council.

(2)  If the president is absent, the members present must choose from among their number a member who must act as chair.

 Quorum and majority rule

21  (1)  Six members of the council form a quorum.

(2)  All acts of the council must be decided by the majority of the members present.

 Voting by chair

22  The chair of a meeting is entitled to vote as a member of the council but is not entitled to a casting vote.

 Registrar to keep register of members

23  (1)  The council must appoint a registrar.

(2)  The registrar must keep a register known as The Register of the Members of the College of Dental Surgeons of British Columbia, and also called the "dentists register", in which is entered and registered the name of every person who is a member of the college under this Act.

(3)  The dentists register may be in the form in the Second Schedule.

(4)  If authorized by the rules, the registrar must keep a register for a person or a class of person registered under the rules.

 Only persons listed in dentists register to be allowed to practise

24  Only the persons whose names are registered in the dentists register are qualified and permitted to practise dentistry in British Columbia.

 Dentists register open to inspection by member of college

25  The dentists register and all other books of record of the council are open to inspection by a member of the college on appointment being made for that purpose with the registrar.

 Registration

26  (1)  Subject to section 86 and in accordance with the rules, a person is entitled to be registered as a member of the college and receive a licence if he or she

(a) produces evidence satisfactory to the council that he or she has graduated from a college or school of dentistry designated for this purpose in the rules,

(b) produces evidence satisfactory to the council that he or she has

(i)  passed the examinations designated in the rules, or

(ii)  obtained a certificate of qualification from an examining board designated in the rules, and

(c) pays the fees required by the rules.

(2)  A person who teaches at a faculty of dentistry designated in the rules and meets the requirements set out in the rules may, at the discretion of the council, be registered as an academic member of the college.

(3)  A person who is a student or graduate of a college or school of dentistry referred to in subsection (1) (a) may, at the discretion of the council and in accordance with the rules, be registered as a limited member of the college.

(4)  In addition to any limitations and conditions attached to registration under subsection (2) or (3) by the rules, the council may attach limitations and conditions to academic member registration and to limited member registration, that the council considers appropriate in the circumstances of that particular registration, including a limitation on the duration of registration.

(5)  Despite subsections (1) to (3) and section 86, if, after giving the applicant an opportunity to be heard, the council determines that

(a) the applicant's entitlement to practise dentistry has been suspended or cancelled in this or any other jurisdiction at any time,

(b) at the time of the application an investigation, review or proceeding is taking place in this or any other jurisdiction which could result in the suspension or cancellation of the applicant's authorization to practise dentistry in that jurisdiction,

(c) the applicant has contravened this Act or a rule made under it,

(d) the applicant has been convicted in Canada or elsewhere of any offence that, if committed by a person registered as a member, would constitute unprofessional conduct or conduct unbecoming a person registered under this Act, or

(e) the applicant's past conduct demonstrates a pattern of incompetency or untrustworthiness which, in the opinion of the council, makes registration contrary to the public interest,

the council may refuse to grant registration or grant registration for a period or subject to other terms and conditions.

(6)  If an applicant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that the applicant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the council must take the failure or the determination into account when deciding whether to register the applicant or whether to impose limitations or conditions on the practice of the applicant.

 Only persons of good character to be registered

27  A person is not entitled to be registered as a member unless the person satisfies the council that he or she is a person of good character.

 General powers of council to make rules

28  (1)  The council may make rules for the governing of the profession of dentistry, the college and registrants and for the carrying out of this Act.

(2)  No rule comes into force until approved by the Lieutenant Governor in Council.

(3)  Without limiting subsection (1), the council may make rules respecting the following:

(a) persons to whom a dentist may delegate duties and procedures related to the treatment of the dentist's patients including

(i)  providing different rules for different classes of persons and different classes of registration,

(ii)  setting out requirements as to training, experience, character and registration in a class,

(iii)  providing discretionary powers to register a person in a class including the power to refuse registration, and to impose terms and conditions on registration or the continuation of registration,

(iv)  designating the duties and procedures which may be delegated by a dentist to a member of a class or to a registered member of a class, and

(v)  setting out procedures to be followed by the dentist in delegating some or all of the designated duties and procedures;

(b) the appointment of a person or a committee composed of any persons, whether or not registered as a member, the powers, duties and functions of the person or committee and the delegation of a power, duty and function of the council to the person or committee;

(c) the appointment of a panel composed of at least one committee member, the powers, duties and functions of the panel and the delegation of a power, duty and function of the committee to the panel;

(d) the removal and replacement of committee and panel members;

(e) reports and decisions of committees and panels including persons to whom reports must be made;

(f) appeals from decisions of committees or panels;

(g) investigations and hearings;

(h) the appointment and powers and duties of a chair of a committee;

(i) the circumstances under which the registrar may exercise the powers and perform the duties of a chair of a committee;

(j) costs of investigations and hearings concerning a current or former registrant or a class of current or former registrant including the assessment of some or all of the costs against some or all of the parties to the hearing and the collection of costs;

(k) the regulation and prohibition of advertising or some advertising by a registrant or a class of registrant;

(l) agreements or proposed agreements made or proposed by the council which bind a registrant or a class of registrant including ratification by a registrant or a class of registrant and the circumstances in which an agreement of the council does not bind a registrant or a class of registrant;

(m) the removal and replacement of a member of the council or a class of member under section 16 including the manner of voting for the removal;

(n) meetings, including different rules for different kinds of meetings;

(o) voting procedures, including different procedures for different classes of votes or persons;

(p) fees payable by registrants and persons applying to become registrants including different fees for different classes of registrant or applicant;

(q) licences which evidence the payment of registration fees by registrants including provision for different licences for different classes of registrant;

(r) registration under this Act including prerequisites for registration, designations under section 26, limitations, terms and conditions that attach to registration including a limitation on the duration of registration, and provision for different prerequisites, limitations, terms and conditions that attach to different classes of registration;

(s) registers of registrants including access to registers and the keeping of separate registers for different classes of registrants;

(t) requirements that reports be made by a registrant or a class of registrant and the consequences of failure to report as required;

(u) requirements that a registrant or a class of registrant undertake continuing training or education;

(v) examinations, educational programs and fees for examinations and educational programs for a registrant or a class of registrant.

(4)  Without limiting subsection (1), the council may make rules respecting the following:

(a) conduct which constitutes conduct unbecoming a registrant or a class of registrant;

(b) conduct which constitutes unprofessional conduct for a registrant or a class of registrant;

(c) reimbursement and remuneration of persons exercising functions in furtherance of the duties of the college under this Act including different rules for persons exercising different functions;

(d) the monetary limit of a fine under section 43 (2);

(e) the time period referred to in section 61 and may provide different time periods for different classes of registrant;

(f) circumstances which permit the registrar to exempt a person from section 73 (1) or (2);

(g) the practice of dentistry by corporations or some corporations.

(5)  Where the term "council" is used in this Act, the rules may provide that, for purposes related to a delegation under subsection (3) (b) or (c), "council" means the person, committee or panel appointed.

 Method of making and proving rules

29  (1)  A rule made by the council under this Act does not come into force until it is entered in a minute book of the council as part of the minutes of a meeting of the council signed by the chair of the meeting.

(2)  A rule may be proved in any court in British Columbia by producing a copy of the rule purporting to be certified by the registrar and bearing the seal of the college.

 Board of examiners

30  (1)  The council must appoint a board of examiners whose duties are to examine all candidates for examination and to report to the registrar the results of the examinations.

(2)  Immediately after the holding of an examination under this Act, the registrar must

(a) forward to the Minister of Health the examination papers submitted to each candidate at the examination, together with the answers of the respective candidates, and

(b) attach a certified copy of the examiners' report and the marks awarded to each candidate on each subject on the examination.

(3)  The documents referred to in subsection (2) must

(a) remain on file in the office of the minister for a period of 2 years, and

(b) be open to inspection by the members of the college and the candidates during the regular office hours.

 Power to appoint members of college to national examining board

31  (1)  The council may appoint one or more members of the college as representatives of the college on a national examining board in Canada.

(2)  The council may withdraw the representatives of the college on a national examining board in Canada.

 Duties of registrar

32  The registrar must do the following:

(a) keep the register correct in accordance with this Act and the rules of the council;

(b) make the necessary alterations in the addresses or qualifications of the persons registered as members;

(c) issue to each registrant a certificate of registration in the form established by the council;

(d) perform other duties imposed on the registrar by the council.

 Registration of additional qualifications

33  A registrant who obtains a higher degree, or any qualification additional to the qualification for which the registrant has been registered, is entitled to have the higher degree or additional qualification inserted in the register, in substitution for or in addition to the degree or qualification previously registered, on the payment of fees the council may set.

 Evidence leading to registration

34  (1)  A degree or qualification must not be entered on the register, either on the first registration or by way of addition to a registered name, unless the registrar is satisfied by proper evidence that the applicant is entitled.

(2)  Any appeal from the decision of the registrar or any matter or question of fact or evidence may be decided by the council.

 Rectification of register

35  An entry in the register proved to the satisfaction of the council to have been fraudulently or incorrectly made may be erased from the register by an order of the council or of the executive committee.

 Investigation

36  The council or an inspector appointed under section 37 may investigate the following:

(a) whether or not a current or former registrant should be the subject of disciplinary action under section 43;

(b) whether or not an applicant for registration as a registrant is entitled to be registered;

(c) whether or not any person has contravened this Act.

 Inspectors

37  The council may appoint inspectors for the college.

 Powers and duties of inspectors

38  (1)  During regular business hours an inspector may investigate, inquire into, inspect, observe or examine one or more of the following without a court order:

(a) the premises, the equipment and the materials used by a registrant;

(b) the records of a registrant relating to the registrant's practice;

(c) the practice of dentistry performed by or under the supervision of a registrant.

(2)  An inspector who inspects the records of a registrant relating to the registrant's practice may copy those records.

(3)  The council may direct an inspector to act under subsections (1) and (2).

(4)  If an inspector acts under this section as a consequence of a direction given under subsection (3), the inspector must report the results of these actions in writing to the council.

 Search and seizure under court order

39  (1)  A person authorized by the council may apply to the Supreme Court for an order that authorizes a person named in the order to do one or more of the following:

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis;

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them;

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

(2)  Unless the court otherwise directs, an application under subsection (1) may be made without notice to any person and heard in private.

(3)  On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registrant has contravened this Act or the rules, or

(b) that a person who is a registrant

(i)  has contravened this Act or the rules,

(ii)  has failed to comply with a limit or condition imposed under this Act,

(iii)  has acted in a manner that constitutes unprofessional conduct,

(iv)  is not competent to practise dentistry, dental hygiene or certified dental assisting, as the case may be, or

(v)  is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise dentistry, dental hygiene or certified dental assisting, as the case may be.

(4)  In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 40 does not apply to a thing specified in the order

(i)  provided all limitations and conditions included under paragraph (b) are met, and

(ii)  unless, within 21 days of a seizure of the thing, a person who owned or controlled that thing at the time of the seizure requests by registered mail addressed to the council that section 40 apply to the thing seized.

(5)  A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

 Detention of things seized

40  (1)  For the purposes of subsection (2), the person who makes a seizure under section 39 must report the seizure as soon as practicable to a judge of the Supreme Court, who must be the judge who issued the order under which the seizure was made unless this is not practicable.

(2)  On receiving a report under subsection (1), a judge must

(a) order the thing that was seized returned to its owner or other person entitled to it unless satisfied that an order under paragraph (b) should be made, or

(b) order the thing detained if satisfied that the detention is required for the purposes of this Act.

(3)  An inspector may make or cause to be made one or more copies of any record detained under subsection (2).

(4)  A document purporting to be certified by a representative of the council to be a true copy made under the authority of subsection (3) is evidence of the nature and content of the original document.

(5)  Subject to an order under section 39 (4) (b), the person from whom any thing is seized under this section or the owner of the thing, if a different person, is entitled to inspect the thing at any reasonable time and, in the case of a record, to obtain one copy of the record at the expense of the council.

(6)  A record must not be detained under this section for a period longer than 3 months from the time of its seizure unless, before the end of the period, either

(a) the person from whom it was seized agrees to its continued detention, or

(b) the Supreme Court, on application and after being satisfied that its continued detention is justified, orders its continued detention for a specified period of time.

 Prohibition against obstructing inspection or search

41  (1)  A person must not obstruct an inspector in the lawful performance of duties or the lawful exercise of powers under this Act.

(2)  A person must not obstruct a person acting under section 39 or 40 or under an order under those sections.

 Action to protect public

42  (1)  If the council considers the action necessary to protect the public during the investigation of a registrant or pending a hearing by the council, it may

(a) set limits or conditions on the registrant's practice of the profession, or

(b) suspend the registration of the registrant.

(2)  If the council acts under subsection (1), it must notify the registrant in writing of its decision, of the reasons for the decision and of the registrant's right to appeal the decision to the Supreme Court.

(3)  A decision under subsection (1) is not effective until the earlier of

(a) the time the registrant receives the notice under subsection (2), and

(b) 3 days after the notice is mailed to the registrant at the last address for the registrant recorded in the register of the college.

(4)  If the council determines that action taken under subsection (1) is no longer necessary to protect the public, it must cancel the limits, conditions or suspension and must notify the registrant in writing of this as soon as possible.

(5)  A registrant against whom action has been taken under subsection (1) may appeal the decision to the Supreme Court and section 55 applies.

(6)  If the council acts under subsection (4), the registrant may require that the council proceed under section 43 in the matter that gave rise to the action taken under subsection (1).

(7)  A registrant requesting action under subsection (6) must make the request in writing to the council within 30 days after receiving the council's notification under subsection (4).

 Disciplinary action

43  (1)  The council may, after giving a current or former registrant an opportunity to be heard, determine if the current or former registrant

(a) has contravened this Act or a rule made under it,

(b) has failed to comply with a limitation, term or condition imposed under this Act,

(c) has been convicted in Canada or elsewhere of any offence that, if committed by a registrant would constitute conduct unbecoming a registrant or unprofessional conduct,

(d) has incompetently practised dentistry or carried out the duties and procedures delegated to him or her as a registrant,

(e) has engaged in conduct unbecoming a registrant,

(f) has engaged in unprofessional conduct,

(g) has failed to comply with an agreement that binds him or her under section 8 (2), or

(h) is suffering from a physical ailment, emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practise dentistry or carry out the duties and procedures delegated to him or her.

(2)  If the council makes a determination under subsection (1), it may, by order, do one or more of the following:

(a) dismiss the matter;

(b) reprimand the registrant;

(c) impose limitations or conditions on the registration of the registrant;

(d) suspend the registration of the registrant for a period that it thinks fit;

(e) cancel the registration of the registrant;

(f) fine the current or former registrant an amount not greater than an amount set out in the rules;

(g) require that the current or former registrant pay to the college the costs of the investigation or hearing or both within a specified time period.

 Criminal Records Review Act

44  If a registrant fails to authorize a criminal record check under the Criminal Records Review Act or the deputy registrar under that Act has determined that a registrant presents a risk of physical or sexual abuse to children and that determination has not been overturned by the registrar under that Act, the council must, after giving the registrant an opportunity to be heard, review the registration of the registrant and, taking the failure or the determination into account, decide whether to impose limitations or conditions on the registration of the registrant or suspend or cancel the registration of the registrant.

 Effect of suspension or cancellation

45  If the registration of a registrant is suspended or cancelled all rights and privileges as a registrant and as a person licenced under this Act cease,

(a) in the case of suspension of registration, until the lifting of the suspension, and

(b) in the case of cancellation of registration, until the registration is reinstated.

 Conditions imposed with suspension or cancellation of registration

46  If a registration is suspended or cancelled under section 43, the council may

(a) impose conditions to the lifting of the suspension or the reinstatement of registration,

(b) direct that the lifting of the suspension or the reinstatement of registration will occur on

(i)  a date specified in the order, or

(ii)  the date the council determines that the person has complied with the conditions imposed under paragraph (a), and

(c) impose conditions on the practice of the person that apply after the lifting of the suspension or the reinstatement of registration.

 Witnesses

47  (1)  The council, a committee, a panel or a member of any of them may issue a subpoena for the attendance of a witness at a hearing and for the production of records by the witness at the hearing.

(2)  Failure of a witness to attend or produce the required records makes the witness, on application by the college to the Supreme Court, liable to be committed for contempt as if in breach of an order or a judgment of the Supreme Court.

(3)  The testimony of witnesses must be taken under oath which a member of the council, a committee or a panel may administer.

 Immunities

48  No action for damages lies or may be commenced against a person acting on behalf of the college for anything done or omitted in good faith in the exercise or purported exercise of the powers conferred under this Act for the furtherance of the duties of the college.

 Confidential information

49  Any person who, in the course of carrying out duties under this Act, obtains information, files or records that are submitted in accordance with a request or obligation under this Act, must not disclose the information, files or records to any person other than for the purposes of carrying out his or her duties under this Act or when required by law.

 Meetings of executive committee

50  (1)  The executive committee must meet for the dispatch of business.

(2)  Subject to this Act and any rules made by the council, the executive committee may regulate

(a) the summoning, notice, place, management and adjournment of meetings,

(b) the appointment of a chair,

(c) the mode of deciding questions, and

(d) generally the transaction and management of business, including the quorum.

(3)  If there is a quorum the committee may act, despite any vacancy in its membership.

(4)  If there is a vacancy on the executive committee, the executive committee may appoint a member of the council to fill the vacancy until the next meeting of the council.

 Legal assistance

51  For the execution of its duties under this Act, the council or the executive committee may employ at the expense of the college a legal or other assessor or assistant as it thinks necessary.

 Right to be represented by counsel

52  Any person whose status or conduct is the subject of inquiry has the right, at his or her own expense, to be represented by counsel.

 Non-attendance

53  If a person who is the subject of a hearing does not attend the hearing, the council may, on proof of the personal service of the notice of hearing which may be made by statutory declaration, proceed with the hearing in the person's absence.

 Witness fees

54  Witnesses summoned to an inquiry are entitled to similar allowances as witnesses attending the trial of an action in the Supreme Court.

 Appeals

55  (1)  A person aggrieved by an order, determination, finding, action or decision of the council, the registrar, a committee, a panel or a board of examiners, other than a decision refusing registration as an academic member under section 26 (2) or as a limited member under section 26 (3), may appeal to the Supreme Court within 45 days from the date of the order, determination, finding, action or decision.

(2)  On an appeal the court may

(a) make or give any order provided for in section 43 (2),

(b) impose terms and conditions in an order,

(c) make any additional order, as to costs or otherwise, that it considers just, or

(d) direct the council, committee or panel appealed from to reconsider and determine, either generally or in respect of a specified matter, the whole or any part of a matter to which the appeal relates.

(3)  If the court gives a direction under subsection (2) (d), the court must

(a) advise the council, committee or panel appealed from of its reasons, and

(b) give the council directions the court considers appropriate.

(4)  An appeal must not be in the nature of a new trial unless all parties consent.

 Stay of council order pending appeal

56  (1)  If the council orders a suspension or cancellation of the registration of a registrant, it may, in its order,

(a) specify whether or not the order is to be stayed on the commencement of an appeal to a court under this Act until the court makes an order under section 55 (2), and

(b) set terms and conditions with respect to the registration during the stay.

(2)  Despite section 55, no appeal lies from an order of the council staying or not staying the suspension or cancellation of registration.

 Procedure on appeals

57  (1)  An appeal to the Supreme Court under section 55 may be taken by summons to show cause directed to the college and served on the registrar or the president of the college.

(2)  The appellant must file in the Vancouver Registry of the Supreme Court a copy of the proceedings, the evidence taken, the order of the council, and the reasons, if any, certified by the registrar of the college.

(3)  The registrar must, on the request of a person desiring to appeal, and on payment at the rate of charges in force in the office of the official stenographer of the Supreme Court, provide to that person a certified copy of all the proceedings, reports, orders and papers on which the council or executive committee made the order.

(4)  The service of the summons is the bringing of the appeal within the meaning of this Act.

(5)  The appellant must prosecute the appeal with dispatch and without unnecessary delay.

(6)  The college may, at any time, apply to the Supreme Court to dismiss the appeal for want of prosecution.

 Evidence of registration

58  The following records are proof of registration without proof of the authenticity of the certification of the registrar or the seal of the college:

(a) the dentists register;

(b) a copy of the dentists register or an extract from the dentists register certified by the registrar and bearing the seal of the college;

(c) the list referred to in section 63 published in the Gazette;

(d) a certificate of standing that sets out whether a person is registered or licensed and any related information, certified by the registrar and bearing the seal of the college.

 Duty of members in practice to pay annual fee

59  (1)  There is due to the college on March 1 in each year and payable on or before that date, by each member of the college actually engaged in the practice of dentistry in British Columbia, an annual licence fee.

(2)  The amount of the annual licence fee must be determined by the council.

(3)  On payment of the licence fee and any arrears due under this section, the registrar must issue to the member making payment a licence signed by the registrar and bearing the seal of the college.

(4)  A licence issued under this section must state that, subject to compliance with this Act and the rules, regulations and bylaws made by the council, the member is entitled to practise dentistry in British Columbia for that portion of the period for which the fee is paid.

(5)  The council may set special fees and issue appropriate licences for nonpractising, nonresident or other classes of members.

(6)  The council may establish a lesser licence fee for a member who practises for a period of less than a full year during the period established for an annual licence fee and may prorate the fee payable for the lesser period.

(7)  All licences expire on the last day of February in the period for which the fee is paid and the licence issued.

 Non-payment of annual licence fee

60  (1)  Subject to subsection (2), a registrant who fails to pay an annual licence fee required under this Act on or before its due date ceases to be registered unless the council otherwise directs.

(2)  Either before or after the due date, the council may extend the time for a registrant to pay his or her annual licence fee and impose terms and conditions the council considers appropriate including the payment of a late payment fee set out in the rules.

 Nonpractising cancellation

61  A registrant who fails to obtain an annual licence for the number of years set out in the rules ceases to be registered.

 Application of fees

62  (1)  In this section, "treasurer" means the treasurer or other officer empowered by the council to deal with fees and money of the college.

(2)  All fees and money payable under this Act

(a) are the property of the college and must be received and accounted for by the treasurer, and

(b) must be disbursed and appropriated by the treasurer under the direction of the council in payment of the expenses and outgoings of the college.

 Publication of annual list

63  (1)  As soon as possible after March 1 in each year the registrar must prepare, certify and seal with the seal of the college a list setting out in alphabetical order the name and the place of practice of each member of the college who had issued to him or her not later than March 1 a licence for the then current year and who is not suspended from practice.

(2)  As soon as may be possible after preparing a list under subsection (1), and at the cost of the college, the registrar must cause a certified copy of the list to be published in one issue of the Gazette.

 Complaint regarding omission from annual list

64  (1)  If a member of the college complains to the registrar or to the council of the improper omission or insertion of any name in the list, the registrar must immediately examine the complaint and rectify the error, if any.

(2)  If a person is dissatisfied with a decision of the registrar or of the council in making up the list, the person may appeal to the Supreme Court in a summary way.

(3)  On an appeal under subsection (2) the decision of the Supreme Court is final, and the list must remain or be amended in accordance with the decision.

 Effect of licence

65  A person registered and holding an unexpired licence under this Act is entitled to

(a) practise the profession of dentistry in British Columbia, and

(b) demand and recover from a person or a patient in any court, with full costs of suit, reasonable charges for professional aid, advice and services and the cost of medicines, materials or appliances rendered or supplied by him or her to the person or patient.

 Unregistered persons prohibited from practising

66  A person

(a) not registered as a member,

(b) not holding an unexpired licence or permit under this Act,

(c) who has been suspended from practice, or

(d) whose name has been erased from the dentists register

who practises dentistry in British Columbia commits an offence.

 Practice of dentistry

67  (1)  A person is deemed to be practising the profession of dentistry within the meaning of this Act who, for a fee, salary, reward or commission paid or to be paid by an employer to the person, or for fee, money or compensation paid or to be paid either to the person or an employer, or any other person, does any of the following:

(a) examines, diagnoses or advises on any condition of the tooth or teeth, jaw or jaws of any person;

(b) directly or indirectly takes, makes, performs or administers any or any part of an impression, operation or treatment of any kind of, for, or on the tooth or teeth, jaw or jaws, or of, for, or on any disease or lesion of the tooth or teeth, jaw or jaws, or their malposition, of any person;

(c) fits any artificial denture, tooth or teeth in, to, or on the jaw or jaws of any person;

(d) supplies or offers to supply to any person artificial teeth, dentures or repairs.

(2)  This section does not interfere with any of the following:

(a) the privileges conferred on physicians and surgeons by any Act relating to the practice of medicine and surgery in British Columbia;

(b) the practice of pharmacy as defined in section 25.8 of the Health Professions Act;

(c) the privileges conferred by the council on registered students, dental interns, dental hygienists, certified dental assistants or qualified members of classes of persons to whom dentists may delegate duties and procedures under the rules.

(3)  Unless registered as a member a person must not, in British Columbia, directly or indirectly offer to practise, or hold himself or herself out as being qualified or entitled to practise the profession of dentistry either in British Columbia or elsewhere.

(4)  A person must not, in British Columbia, directly or indirectly hold out or represent any other person not registered as a member as practising or as qualified or entitled or willing to practise the profession of dentistry in British Columbia or elsewhere, or circulate or make public anything designed or tending to induce the public to engage or employ as a dentist any person not registered as a member.

 Dental schools

68  (1)  A person, other than the college, must not carry on in British Columbia any school, college or other institution for training or imparting instruction in any branch of dentistry, or give instruction, courses or lectures in any branch of dentistry or practice management without the consent of the council or executive committee.

(2)  Subsection (1) does not apply to a faculty of dentistry in a university in British Columbia.

 Recovery of charges

69  A person must not recover a charge for services rendered in or in connection with the practice of dentistry, or for medicine or materials that he or she prescribed or supplied as a dentist, unless the person was, at the time the services were rendered or the medicine or materials were prescribed or supplied, the holder of an unexpired licence or permit under this Act.

 Exemption from jury service

70  A person registered as a member is exempt, if he or she desires, from serving on all juries and inquests.

 Signs

71  (1)  A member is entitled to practise dentistry if the member

(a) holds an unexpired licence, and

(b) complies with this Act and the rules and bylaws made by the council.

(2)  A member practising dentistry in British Columbia must at his or her place of practice display his or her name on a conspicuously placed sign.

(3)  Nothing in this Act prevents a partnership between 2 or more registered and licensed members of the college, if the proper name of each member of the partnership is at all times conspicuously displayed.

(4)  Nothing in this Act prevents a registered and licensed member of the college entering the employ of any other registered and licensed member of the college actually engaged in practising the profession of dentistry in British Columbia.

 Burden of proof on defendant

72  In a prosecution under this Act, the person charged with a violation of this Act has the burden of proof

(a) of membership in the college,

(b) that a prescription or instruction was given by a member of the college, and

(c) that any design, impression or cast used in complying with a written prescription was provided by a member of the college.

 Trade names not to be used

73  (1)  A member must for all purposes in connection with the profession of dentistry, use only his or her own proper name.

(2)  A member of the college must not, in or in connection with the practice of the profession of dentistry, use any trade name, or designation, or corporate name, or any distinguishing name other than his or her own proper name, for any premises in which he or she carries on the practice of the profession.

(3)  If permitted by the rules, the registrar may exempt a person from this section.

 Corporation practising as dentist

74  Except as permitted by the council, the Minister of Health, or by an Act,

(a) a corporation must not carry on the practice of dentistry, and

(b) a dentist, directly or indirectly, must not assist or be employed by a corporation for the purpose of practising dentistry.

 Time student must take examination

75  (1)  A student must take an examination immediately at the end of the period of service established as a condition precedent to the examination.

(2)  If a student neglects or is unable for any reason to take the examination the student must immediately apply to the council for an extension of his or her studentship.

(3)  The council may extend a term of studentship on conditions as the council thinks fit.

 Professional liability

76  (1)  The council may, by resolution, establish a compulsory professional liability program on terms and conditions it considers advisable.

(2)  The program must be for the benefit of members and their employees including members of classes of persons to whom dentists may delegate duties and procedures under section 28.

(3)  The council may exempt or exclude persons or classes of persons from participation in the program.

(4)  The program may be established and maintained by an assessment on persons registered as members or persons registered under the rules or both in order to

(a) establish a professional claims fund, or

(b) enter into a group insurance contract with an insured either alone or jointly with one or more dental associations or governing bodies of the dental profession in Canada.

 Offence of obtaining registration on false representation

77  A person who intentionally obtains or attempts to obtain registration as a registrant by making a false representation, by any means, commits an offence.

 Liability for offence of employees

78  If a person registered as a member employs in or in connection with his or her practice as a dentist a person who is not entitled to practise dentistry under this Act, the employer and the employee are each liable to all penalties imposed by this Act for any offence under this Act committed by the employee, unless the employer proves that, in the commission of the offence, the employee was not acting within the apparent scope of his or her employment.

 Offence of pretending to be dental practitioner

79  A person who falsely and wilfully pretends to be a practitioner of dentistry in British Columbia, or assumes any title, addition or description in respect of the profession other than one he or she actually possesses and is legally entitled to, commits an offence.

 Offence of using false titles, etc.

80  A person not registered as a member who wilfully and falsely takes or uses a name, title, addition or description implying or calculated to lead people to infer that he or she is a dentist, or that he or she is recognized by law as a person entitled to practise the profession of dentistry in British Columbia, commits an offence.

 Public demonstrations

81  A person who, directly or indirectly, gives a demonstration open to the public view, whether in a public or private place, of his or her skill in, or of any method of, practising dentistry, or demonstrates or exhibits to the public view specimens, models or examples of dental work commits an offence.

 Penalties

82  (1)  A person who contravenes section 41, 49, 67 (3) or (4), 68, 69 or 74 commits an offence.

(2)  Section 5 of the Offence Act does not apply to this Act or to the rules.

 Prosecutor

83  A person may be a prosecutor or complainant under this Act, and the council may allot a portion of the penalties recovered as may be expedient towards the payment of the prosecution.

 Staying prosecution

84  (1)  The council, by an order signed by the president and bearing the seal of the college, may stay proceedings in a prosecution under this Act.

(2)  If a person practises or attempts to practise dentistry or attempts to do anything in contravention of this Act, or of any rule or bylaw under this Act, the practice or the doing of the thing may be restrained by an injunction at the instance of the council of the college.

 Payment of salaries and outgoings

85  (1)  The council may

(a) set and pay out of the funds of the college the salary, remuneration and fee to be paid or allowed to each officer, employee or servant of the college, or to any member or other person acting on a board or committee or who renders services to the college, and

(b) reimburse a person for expenses incurred in or about the affairs of the college.

(2)  The council may, out of the funds of the college in its hands, make grants as follows:

(a) for educational extension and research;

(b) in aid of a college or association for anything done for the advancement or protection of the profession of dentistry;

(c) in aid of an association or other body;

(d) for the purposes of section 5.

(3)  All money forming part of the funds of the college must be paid to the treasurer and may be applied to carry this Act into execution.

 Exemption of returned soldiers from examination and fees

86  (1)  In this section, "any member of Her Majesty's forces" means a person who joins for service in any of the forces of Her Majesty, in a war in which Canada is a belligerent, or of any power being at the time he or she joined or subsequently becoming an ally of Her Majesty, whether by enlistment or as a volunteer or reservist, or through being commissioned, mobilized, called out, or drafted to service, and who having joined was engaged in active service at home or abroad in connection with the war, whether in the capacity of officer, seaman, marine, soldier, airman, nurse or in any capacity.

(2)  Any member of Her Majesty's forces who at the time he or she became a member was a resident and domiciled in British Columbia and was a Canadian citizen, and was then entitled to be registered as a member of the college, except for the fact that he or she had not passed the final examination or paid the fees required by this Act, on his or her written application to the council, must be registered as a member of the college without being required to pay a fee or take the final examination, except the clinical group of subjects in the examination.