Third Session, 44th General Assembly
50 Elizabeth II, 2001
AN ACT TO AMEND THE DENTAL ACT
Received and Read the First Time
HONOURABLE JULIE BETTNEY
Minister of Health and Community Services
Ordered to be printed by the Honourable House of Assembly
This Bill would amend the Dental Act to permit a corporation to provide the services of a dentist or dental surgeon and to provide for the licensing and regulation of professional dental corporations by the Dental Board.
AN ACT TO AMEND THE DENTAL ACT
1. S.2 Amdt.
2. PART I Heading Added
3. PART II Heading Added
4. S.15 Amdt.
5. S.20 Amdt.
6. Part III Added
7. Part IV Heading Added
8. S.27 Amdt.
Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
1. The Dental Act is amended by adding immediately after paragraph 2(j) the following:
(j.1) "professional dental corporation" means a corporation that is permitted under Part III of this Act to provide the services of a dentist or dental surgeon;
2. The Act is amended by adding immediately after section 2 the following:
3. The Act is amended by adding immediately after section 9 the following:
4. Subsection 15(1) of the Act is amended by striking out the word "and" at the end of paragraph (c) and by adding immediately after that paragraph the following:
(c.1) approve the registration of and issue corporate licences to professional dental corporations that meet the requirements of this Act and the regulations; and
5. Section 20 of the Act is amended by adding immediately after paragraph (c) the following:
(c.1) respecting the registration and annual licensing of professional dental corporations;
6. The Act is amended by adding immediately after section 25 the following:
25.1. In this Part
(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.
25.2 (1) One or more practitioners may incorporate a corporation to provide the services of a dentist or dental surgeon.
(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 or dental surgeon unless it is registered and licensed under this Act.
25.3 (1) The registrar shall maintain a register of professional dental corporations in which shall be entered the names of those corporations permitted under this Part to provide the services of a dentist or dental surgeon.
(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 or dental surgery;
(d) all of the persons who will be practising dentistry or dental surgery 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 dental surgeon 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 20.
(3) The corporate register shall be published in accordance with section 16 and a copy of the register shall be available for inspection under section 17.
(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.
25.4 (1) A professional dental corporation may apply for a licence to provide the services of a dentist or dental surgeon 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 25.3 and other requirements for being licensed which may be set out in this Act and the regulations made under section 20.
(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 comes into force.
Revocation of licence
25.5 A licence issued under section 25.4 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 section 26 in respect of professional services performed by him or her as an employee of or on behalf of the professional dental corporation.
Effect of incorporation
25.6 (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.
Liability of dentist or dental surgeon
25.7 (1) Notwithstanding a provision to the contrary in the Corporations Act, a practitioner who provides services or practises dentistry or dental surgery through or on behalf of a professional dental corporation is liable to a person in relation to those services and the practice of dentistry and dental surgery 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 or dental surgery by the practitioner.
(3) In this section "practitioner" includes a person formerly licensed under this Act to practice dentistry or dental surgery.
Misconduct of a professional dental corporation
25.8 (1) A practitioner is liable to be disciplined under section 26 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 26 and 29 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 or dental surgery.
7. The Act is amended by adding immediately before section 26 the following:
8. Subsection 27(1) of the Act is repealed and the following substituted:
27. (1) A practitioner aggrieved by a decision of the board under section 18, 19, 25.3, 25.4, 25.5 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.
©Earl G. Tucker, Queen's Printer