Dentistry Act, 1991, S.O. 1991, c. 24

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Dentistry Act, 1991

S.O. 1991, CHAPTER 24

Consolidation Period: From June 3, 2021 to the e-Laws currency date.

Last amendment: 2021, c. 25, Sched. 25, s. 11.

Legislative History: 1998, c. 18, Sched. G, s. 29; 2007, c. 10, Sched. B, s. 6; 2009, c. 26, s. 6; 2015, c. 20, Sched. 15, s. 17; 2021, c. 25, Sched. 25, s. 11.

Definitions

1 In this Act,

“College” means the Royal College of Dental Surgeons of Ontario; (“Ordre”)

“Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”)

“member” means a member of the College; (“membre”)

“profession” means the profession of dentistry; (“profession”)

“this Act” includes the Health Professions Procedural Code. (“la présente loi”)  1991, c. 24, s. 1.

Health Professions Procedural Code

2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act.  1991, c. 24, s. 2 (1).

Terms in Code

(2) In the Health Professions Procedural Code as it applies in respect of this Act,

“College” means the Royal College of Dental Surgeons of Ontario; (“ordre”)

“health profession Act” means this Act; (“loi sur une profession de la santé”)

“profession” means the profession of dentistry; (“profession”)

“regulations” means the regulations under this Act. (“règlements”)  1991, c. 24, s. 2 (2).

Definitions in Code

(3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act.  1991, c. 24, s. 2 (3).

Scope of practice

3 The practice of dentistry is the assessment of the physical condition of the oral-facial complex and the diagnosis, treatment and prevention of any disease, disorder or dysfunction of the oral-facial complex.  1991, c. 24, s. 3.

Authorized acts

4 In the course of engaging in the practice of dentistry, a member is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following:

1.  Communicating a diagnosis identifying a disease or disorder of the oral-facial complex as the cause of a person’s symptoms.

2.  Performing a procedure on tissue of the oral-facial complex below the dermis, below the surface of a mucous membrane or in or below the surfaces of the teeth, including the scaling of teeth.

3.  Harvesting tissue for the purpose of surgery on the oral-facial complex.

4.  Setting a fracture of a bone of the oral-facial complex or setting a dislocation of a joint of the oral-facial complex.

5.  Administering a substance by injection or inhalation.

6.  Applying or ordering the application of a prescribed form of energy.

7.  Prescribing, dispensing or compounding a drug.

7.1  Selling a drug in accordance with the regulations.

8.  Fitting or dispensing a dental prosthesis, or an orthodontic or periodontal appliance or a device used inside the mouth to protect teeth from abnormal functioning.  1991, c. 24, s. 4; 2009, c. 26, s. 6 (1).

Section Amendments with date in force (d/m/y)

2009, c. 26, s. 6 (1) - 15/12/2009

College continued

5 The College is continued under the name Royal College of Dental Surgeons of Ontario in English and Ordre royal des chirurgiens dentistes de l’Ontario in French.  1991, c. 24, s. 5.

Council

6 (1) The Council shall be composed of,

(a)  at least 10 and no more than 12 persons who are members elected in accordance with the by-laws;

(b)  at least nine and no more than eleven persons appointed by the Lieutenant Governor in Council who are not,

(i)  members,

(ii)  members of a College as defined in the Regulated Health Professions Act, 1991, or

(iii)  members of a Council as defined in the Regulated Health Professions Act, 1991; and

(c)  two persons selected, in accordance with a by-law made under section 12.1, from among members who are members of a faculty of dentistry of a university in Ontario.  1991, c. 24, s. 6 (1); 1998, c. 18, Sched. G, s. 29 (1, 2).

Who can vote in elections

(2) Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council.  1991, c. 24, s. 6 (2); 1998, c. 18, Sched. G, s. 29 (3).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 29 (1-3) - 01/02/1999

President and Vice-President

7 The Council shall have a President and Vice-President who shall be elected every two years by the Council from among the Council’s members.  1991, c. 24, s. 7.

8 Repealed: 2015, c. 20, Sched. 15, s. 17.

Section Amendments with date in force (d/m/y)

2015, c. 20, Sched. 15, s. 17 - 29/10/2015

Restricted titles

9 (1) No person other than a member shall use the titles “dentist” or “dental surgeon”, a variation or abbreviation or an equivalent in another language.  1991, c. 24, s. 9 (1).

Representations of qualification, etc.

(2) No person other than a member shall hold himself or herself out as a person who is qualified to practise in Ontario as a dentist or dental surgeon or in a specialty of dentistry.  1991, c. 24, s. 9 (2).

Definition

(3) In this section,

“abbreviation” includes an abbreviation of a variation.  1991, c. 24, s. 9 (3).

10 Repealed: 2021, c. 25, Sched. 25, s. 11.

Section Amendments with date in force (d/m/y)

2021, c. 25, Sched. 25, s. 11 - 03/06/2021

Offence

11 Every person who contravenes subsection 9 (1) or (2) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence.  2007, c. 10, Sched. B, s. 6 (1).

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. B, s. 6 (1) - 04/06/2007

Regulations

12 Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations,

(a)  regulating and governing the prescribing, dispensing, compounding and selling of drugs by members in the course of engaging in the practice of dentistry and ancillary matters, including establishing requirements and setting prohibitions;

(b)  requiring members to keep records respecting the prescribing, dispensing, compounding and selling of drugs and providing for the contents of those records;

(c)  requiring members to provide the College or the Minister with reports respecting the prescribing, dispensing, compounding and selling of drugs and providing for the contents of those reports.  2009, c. 26, s. 6 (2).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 29 (4) - 01/02/1999

2009, c. 26, s. 6 (2) - 15/12/2009

By-laws

12.1 The Council may make by-laws respecting the qualifications, selection and terms of office of Council members who are selected.  1998, c. 18, Sched. G, s. 29 (4).

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 29 (4) - 01/02/1999

Transitional

13 A person who, on the day before this Act comes into force, held a licence issued under Part II of the Health Disciplines Act shall be deemed to be the holder of a certificate of registration issued under this Act subject to any term, condition or limitation to which the licence was subject.  1991, c. 24, s. 13.

14, 15 Repealed:  2007, c. 10, Sched. B, s. 6 (2).

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. B, s. 6 (2) - 04/06/2007

16 Omitted (provides for coming into force of provisions of this Act).  1991, c. 24, s. 16.

17 Omitted (enacts short title of this Act).  1991, c. 24, s. 17.

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