Part I: Board of the College

Board Composition
2.   The board consists of six elected board members and the appointed board members.
Electoral Districts
3. (1) Until February 28, 2021, the province of British Columbia is divided into the following five electoral districts whose boundaries are defined by the map in Schedule A:
      (a) Lower Mainland;
      (b) Cariboo North;
      (c) Kootenays;
      (d) Okanagan;
      (e) Vancouver Island/Coast.
  (2) Until February 28, 2021, two elected board members must be elected for the Lower Mainland electoral district, and one elected board member must be elected for each other electoral district, in accordance with these bylaws.
  (3) The boundaries of an electoral district, or the number of elected board members elected for an electoral district, may only be changed by a special resolution of the board amending Schedule A or subsection (2).
  (4) For the purposes of an election of an elected board member, every registrant is assigned to the electoral district in which the registrant’s mailing address, as specified in the register under section 21(2) of the Act, is located on November 1 prior to the expiry of the applicable term of office.
  (5) This section, section 3.1(3), 3.2(2) and 6, and
Schedule A
       (a) do not apply to the 2021 board election, and  
      (b) are repealed on March 1, 2021.
Eligibility for Election
3.1 (1) Subject to subsections (2) to (8), registrants in the following classes of registrants are eligible to be elected in an election under section 17(3)(a) of the Act:
      (a) full registrants;
      (b) full registration (365 day rule exempt) registrants;
      (c) conditional registrants.
  (2) A registrant is not eligible to be elected in a board election if any of the following apply on the date that nominations must be received by the registrar under section 5 in respect of the board election:
      (a) the registrant is not in good standing;
      (b) the registrant is not ordinarily a resident in British Columbia;
      (c) the registrant is in default of payment of any fine, fee, debt or levy owing to the college under the Act;
      (d) the registrant is a respondent or directly or indirectly owns a legal or beneficial interest in any voting shares of a dental hygiene corporation that is a respondent, and the citation or notice of permit revocation hearing is unresolved;
      (e) the registrant is subject, in British Columbia, another provice or a foreign jurisdiction, of a pending hearing, or hearing underway, that could result in the registrant's entitlement to practise a profession in British Columbia or that other province or foreign jurisdiction being cancelled, revoked or suspended for any reason other than late payment or non-payment of fees;
      (f) the registrant is found by any court in Canada or a foreign jurisdiction, to be incapable or managing the registrant's own affairs;
      (g) the registrant is an undischarged banrupt.
  (2.1) A registrant is not eligible to be elected in a board election if, at any time within the three-year period immediately preceding the date that nominations must be received by the registrar under section 5 in respect of the board election, the registrant
      (a) has been the subject of
          (i) a determination under section 39(1)(a) to (e) of the Act, by the discipline committee established in section 16 or the discipline committee of another college under the Act, or
          (ii) a finding, by a body in another province of Canada or a foreign jurisdiction that is the equivalent in that other province or foreign jurisdiction of a discipline committee referred to in subparagraph (i), that the registrant committed an act that, in the opinion of the nominations committee, would likely constitute unprofessional conduct under the Act, or
      (b) has been suspended or removed from office as
          (i) an elected board member, or the equivalent of an elected board member of another college under the Act, or
          (ii) a director or other similar governance position of
            (A) any other body, in British Columbia, another province or a foreign jurisdiction, that regulates a profession in British Columbia or that other province or foreign jurisdiction, or  
            (B) any other public body in British Columbia, another province or a foreign jurisdiction,  
        for a reason that, in the opinion of the nominations committee, would likely constitute grounds for suspension or removal from office as an elected board member.  
  (2.2) A registrant is not eligible to be elected in a board election if, at any time within the six-year period immediately preceding the date that nominations must be received by the registrar under section 5 in respect of the board election,  
      (a) the registrant’s entitlement to practise a profession has been cancelled, revoked or suspended in British Columbia, another province or a foreign jurisdiction, for any reason other than late payment or non-payment of fees,  
      (b) the registrant’s entitlement to practise a profession has been voluntarily relinquished in British Columbia, another province or a foreign jurisdiction, with the effect of preventing the commencement or completion of an investigation, review or other proceeding that could have resulted in the registrant’s entitlement to practise the profession in British Columbia or that other province or foreign jurisdiction being cancelled, revoked or suspended for any reason other than late payment or non-payment of fees, or  
      (c) the registrant has been convicted of an offence in British Columbia, another province or a foreign jurisdiction and the nominations committee is satisfied that the nature of the offence or the circumstances under which it was committed give rise to reasonable concerns about the registrant’s competence or fitness to serve as an elected board member such that the registrant’s disqualification is justified.  
  (2.3) Despite subsection (2)(a), (d) and (e), (2.1) and (2.2), a registrant must not be disqualified under any of those provisions if  
      (a) the registrant delivers a request in accordance with section 5(5.1), and  
      (b) the nominations committee is satisfied, after giving the registrant an opportunity to be heard, that such disqualification would be a breach of the registrant’s rights under section 14 of the Human Rights Code.
  (2.4) The nominations committee must conclude its deliberations in respect of a request under section 5(5.1) not later than the date that election ballots must be delivered under section 6(1) or 6.1(2).
  (3) A registrant must be assigned to an electoral district in accordance with section 3(4) to be elected as an elected board member for that electoral district.
  (4) An elected board member is not eligible to be elected to another office as an elected board member with an overlapping term of office in an election under section 17(3)(a) of the Act, unless he or she resigns his or her existing office as an elected board member at the time he or she submits his or her nomination for the other office.
  (5) A registrant is not eligible to be elected in an election under section 17(3)(a) of the Act if the registrant is employed by the college, or was employed by the college at any time on or after the date that is 11 months before the expiry of the applicable term of office.
  (6) A registrant is not eligible to be elected in an election under section 17(3)(a) of the Act if the registrant is, or was at any time on or after the date that is 11 months before the expiry of the applicable term of office, a director or officer of a dental hygiene professional association.
  (7) A registrant is not eligible to be elected in an election under section 17(3)(a) of the Act if the registrant is a current candidate for election as a director of a dental hygiene professional association.
  (8) An elected board member who has held office for a consecutive period of six years or more is not eligible to be elected in an election for a vacant or impending vacant elected board member office under section 17(3)(a) of the Act, unless the term of office of the vacant  or impending vacant elected board member office commences at least one year after the expiry of that consecutive period.
Eligibility to Vote in Elections
3.2 (1) Subject to subsection (2), registrants in the following classes of registrants are eligible to vote in an election under section 17(3)(a) of the Act:
      (a) full registrants;
      (b) full registration (365 day rule exempt) registrants;
      (c) conditional registrants;
      (d) non-practising registrants.
  (2) A registrant must be assigned to an electoral district in accordance with section 3(4) to be eligible to vote in an election for the office of an elected board member for that electoral district.
Notice of Election
4. (1) The registrar must deliver to every eligible voter notice of an election at least 150 days prior to the expiry of the applicable term of office.
  (2) The notice must contain information about the nomination procedure and the election procedure.
  (3) The accidental omission to deliver notice of an election to, or the non-receipt of such notice by, any person entitled to receive notice does not invalidate the election, any proceedings in relation thereto, or the results thereof.
Nomination Procedure
5. (0.1) Commencing with the 2021 board election, the board must develop and approve the competencies expected of persons who wish to be elected to the board.
  (1) Subject to subsection (0.1) and section 17.1, a candidate for election to a vacant or impending vacant elected board member office must be nominated by another individual who is an eligible voter in good standing who has not nominated any other candidate for election to the same office.
  (2) The nomination must be in writing in the form set out in Schedule B, and must be signed by the nominator and at least five other eligible voters in good standing.
  (3) A person nominated under subsection (1) must declare in writing that he or she will observe the provisions of the Act, the regulations and these bylaws and the procedures related to the election and the conduct of the election by signing the declaration on the form set out in Schedule B.
  (4) Nominations must be received by the registrar at least 90 days before the expiry of the applicable term of office.
  (5) A nomination is not valid if the person nominated is ineligible for election to the applicable vacant or impending vacant elected board member office under section 3.1.
  (5.1) Despite subsection (5), a registrant may deliver with the registrant’s nomination form under subsection (2) a written request to the nominations committee that the registrant not be disqualified under section 3.1(2)(a), (d) or (e), (2.1) or (2.2), as applicable, on the basis that such disqualification would be a breach of the registrant’s rights under section 14 of the Human Rights Code
  (6) A candidate for election must not simultaneously be nominated for election to more than one vacant or impending vacant elected board member office to be filled in the election.
Election Procedures until 2020 Board Election
6. (1) The registrar must deliver an election ballot to each eligible voter for each vacant or impending vacant elected board member office not less than 45 days before the expiry of the applicable term of office.
  (2) Each eligible voter for a vacant or impending vacant elected board member office is entitled to one ballot, and may vote in favour of one candidate to be elected for that office.
  (3) A ballot must not be counted unless it is received by the registrar at least 21 days prior to the expiry of the applicable term of office and is delivered to the registrar in accordance with the procedures established under subsection (6.1).
  (4) The candidate for a vacant or impending vacant elected board member office who receives the most votes on the return of the ballots is elected.
  (5) In the case of a tie vote, the registrar must select the successful candidate by random draw.
  (6) The registrar must supervise and administer all board elections and may establish procedures, consistent with these bylaws, for that purpose.
  (6.1) The registrar must establish procedures, consistent with these bylaws, for eligible voters to deliver ballots to the registrar in a manner that ensures that each ballot is submitted by an eligible voter and that no eligible voter casts more than one ballot, while assuring the anonymity of each voter in the counting of the ballots.
  (7) The registrar must determine any dispute or irregularity with respect to any board election or ballot.
  (8) If only one eligible candidate is nominated for election to a vacant or impending vacant elected board member office under section 5 by the close of nominations, that candidate is elected by acclamation.
Election Procedures for 2021 and Subsequent Board Elections
6.1 (1) This section applies to the 2021 board election and subsequent board elections.
  (2) The registrar must deliver an election ballot to each eligible voter not less than 45 days before the expiry of the applicable term of office, listing all eligible candidates for election to a vacant or impending vacant elected board member office who have been duly nominated under section 5.
  (3) Each eligible voter is entitled to one ballot, and may cast one vote for each vacant or impending vacant board member office to be filled in the board election.
  (4) A ballot must not be counted unless it is received by the registrar at least 21 days prior to the expiry of the applicable term of office and is delivered to the registrar in accordance with the procedures established under subsection (8).
  (5) The candidates who receive the most votes on the return of the ballots are elected to the vacant or impending vacant elected board member offices to be filled in the board election.
  (6) In the case of a tie, the registrar must select the successful candidate by random draw.
  (7) The registrar must supervise and administer all board elections and may establish procedures, consistent with these bylaws, for that purpose.
  (8) The registrar must establish procedures, consistent with these bylaws, for eligible voters to deliver ballots to the registrar in a manner that ensures that each ballot is submitted by an eligible voter and that no eligible voter casts more than one ballot, while assuring the anonymity of each voter in the counting of the ballots.
  (9) The registrar must determine any dispute or irregularity with respect to any board election or ballot.
  (10) If, by the close of nominations under section 5, the number of eligible candidates who have been duly nominated for election is fewer than or equal to the number of vacant or impending vacant elected board member offices to be filled in the board election, all of those candidates are elected by acclamation.
Terms of Office
7.   Subject to the Act and sections 8 and 10, the term of office for an elected board member is two years, commencing on March 1 immediately following the election.
Vacancy
8. (1) If an elected board member ceases to hold office as an elected board member before the expiry of his or her term of office, the board may, by special resolution, appoint a registrant to fill the resulting vacancy who is eligible to be elected to that office, who will immediately assume the former board member’s office as an elected board member, and will hold office for the remainder of the former board member’s term of office.
  (2) For the purpose of subsection (1),
      (a) the reference in section 3(4) to "November 1 prior to the expiry of the applicable term of office" must be read as "the date of the special resolution of the board under section 8(1)", 
      (a,1) the references in section 3.1(2), (2.1) and (2.2) to “the date that nominations must be received by the registrar under section 5 in respect of the board election” must be read as “the date of the special resolution of the board under section 8(1)”, and 
      (b) the references in section 3.1(5) and (6) to "the date that is 11 months before the expiry of the applicable term of office" must be read as "the date that is 11 months before the date of the special resolution of the board under section 8(1)".
  (3) Subject to subsection (4), if no eligible candidate is nominated for election to a vacant or impending vacant elected board member office within the time required under section 5(4), the board may, by special resolution, appoint a registrant who is eligible to be elected to that office to fill that office.
  (4) The board may appoint a registrant to fill an office under subsection (3) who does not satisfy one or more of the following requirements:
      (a) the requirement under section 3.1(5), if the registrant is not currently employed by the college or resigns his or her employment with the college;
      (b) the requirement under section 3.1(6), if the registrant is not currently a director or officer of a dental hygiene professional association or resigns his or her position as a director or officer of a dental hygiene professional association;
      (c) the requirement under section 3.1(8).
Remuneration of Board Members
9.   Board members are equally entitled to be
      (a) remunerated for time spent on business of the college, in the amount approved by the board from time to time, and
      (b) reimbursed by the college for reasonable expenses necessarily incurred in connection with the business of the college.
Removal from Elected Board Member Office
10. (1) An elected board member ceases to hold office as an elected board member if he or she
      (a) ceases to be a full registrant, a full registration (365 day rule exempt) registrant or a conditional registrant,
      (b) ceases to be in good standing,
      (c) ceases to be a resident of British Columbia, 
      (d) becomes a respondent, or directly or indirectly owns a legal or beneficial interest in any voting share of a dental hygiene corporation that becomes a respondent,
      (e) becomes the subject, in British Columbia, another province or a foreign jurisdiction, of a pending hearing, or hearing underway, that could result in his or her entitlement to practise a profession in British Columbia or that other province or foreign jurisdiction being cancelled, revoked or suspended for any reason other than late payment or non-payment of fees,
      (f) becomes the subject of a finding by any court, in Canada or a foreign jurisdiction, that he or she is incapable of managing his or her own affairs,
      (g) becomes a bankrupt,
      (h) becomes an employee of the college,
      (i) becomes a director or officer, or a candidate for election as a director, of a dental hygiene professional association,
      (j) resigns from office under subsection (2), 
      (k) is removed from office under section 17.11(5) of the Act or subsection (3), or
      (l) dies.
  (2) An elected board member may resign from office as an elected board member at any time before the expiry of his or her term of office by delivering a notice in writing to the registrar, and the resignation is effective
      (a) on the effective date specified in the notice, unless withdrawn in writing by the elected board member before that date, or
      (b) if no effective date is specified, on receipt by the registrar of the notice.
  (3) In addition to the board’s powers and duties under section 17.11(5) of the Act, the board may, by special resolution, remove an elected board member from office as an elected board member before the expiry of his or her term of office, after reasonable notice to the elected board member and giving him or her an opportunity to be heard, if the board is satisfied that the elected board member has contravened a term of the code of conduct approved by special resolution of the board for the purpose of this subsection.
  (4) The operation of subsection (1)(b), (d) or (e) is stayed pending a decision by the nominations committee under subsection (5) if the registrar receives, not later than seven days after the date that the elected board member has notice of the precipitating event under subsection (1)(b), (d) or (e), as applicable, and in any event not more than 14 days after the college has notice of such event, a written request from the elected board member that he or she not be removed from office under subsection (1)(b), (d) or (e), as applicable, on the basis that such removal would be a breach of the elected board member’s rights under section 14 of the Human Rights Code.
  (5) Despite subsection (1)(b), (d) and (e), an elected board member does not cease to hold office under any of those provisions if
      (a) the elected board member delivers a request in accordance with subsection (4), and
      (b) the nominations committee is satisfied, after giving the elected board member an opportunity to be heard, that such removal would be a breach of the elected board member’s rights under section 14 of the Human Rights Code.
Board Chair and Vice-Chair
11. (1) The board must elect a board chair and a board vice-chair from among its members by a majority vote, for a two year term.
  (1.1) The board chair or board vice-chair ceases to hold office as board chair or board vice-chair
      (a) upon the election of a new board chair or board vice-chair, as the case may be, under subsection (1), or
      (b) if he or she
          (i) ceases to hold office as an elected board member,
          (ii) resigns from the office of board chair or board vice-chair, as the case may be, or
          (iii) is removed from the office of board chair or board vice-chair by a majority vote of the board.
  (1.2) If the board chair or board vice-chair ceases to hold that office under subsection (1.1)(b), the board must elect another board chair or board vice-chair from among its members, by a majority vote, to fill the vacancy in the applicable office as soon as is convenient.
  (2) The board chair must
      (a) preside at all general meetings of the college and board meetings, and is a non-voting member of every committee of the college to which the board chair is not otherwise appointed as a voting member under section 13,
      (b) sign certificates and other instruments executed on behalf of the college as required,
      (c) sign the minutes of each meeting after they are approved by the board, and
      (d) act generally in accordance with the requirements of his or her office for the proper carrying out of the duties of the board.
  (3) If the board chair is absent or unable to act, the board vice-chair may exercise the powers and must perform the duties of the board chair.
  (4) If the board chair and board vice-chair are both absent or unable to act, the board may authorize another board member to exercise the powers and perform the duties of the board chair.
Board Meetings
12. (1) The board must meet at least 3 times in each fiscal year and must provide reasonable notice of board meetings to registrants.
  (1.1) Notice may be provided to registrants under subsection (1) by posting a notice on the college website.
  (1.2) The accidental omission to deliver notice of a board meeting to, or the non-receipt of, such notice by, any person entitled to receive notice does not invalidate proceedings at that meeting.
  (2) Meetings of the board must be called by the registrar at the request of either the board chair or any 5 board members.
  (3) Subject to subsection (3.1), the registrar must provide the following to any person on request:
      (a) details of the time and place of a board meeting;
      (b) a copy of the agenda for the board meeting;
      (c) a copy of the minutes of any previous board meeting.
  (3.1) A copy of an agenda provided under subsection (3)(b) or minutes provided under subsection (3)(c) may be edited to remove information about any matter referred to in subsection (5), provided that the reasons for removing that information are noted in the edited agenda or minutes.
  (4) Subject to subsection (5), meetings of the board must be open to registrants and to the public.
  (5) The board may exclude any person who is not a board member from any part of a meeting if it is satisfied that one or more of the following matters will be discussed:
      (a) financial or personal or other matters that are of such a nature that the interest of any affected person or the public interest in avoiding disclosure of those matters outweighs the public interest in board meetings be open to the public;
      (b) information concerning an application by any individual for registration under section 20 of the Act, or reinstatement or renewal thereof, the disclosure of which would be an unreasonable invasion of the applicant’s personal privacy;
      (c) information concerning a complaint against, or investigation of, any individual under Part 3 of the Act, the disclosure of which would be an unreasonable invasion of the individual’s personal privacy;
      (d) information concerning an assessment of the professional performance of a registrant under section 26.1 of the Act, the disclosure of which would be an unreasonable invasion of the registrant’s personal privacy;
      (e) information the disclosure of which may prejudice the interests of any person involved in
          (i) a proceeding under the Act, including a disciplinary proceeding under Part 3 of the Act, a review under Part 4.2 of the Act, or a permit revocation hearing under section 68, or
          (ii) any other criminal, civil or administrative proceeding;
      (f) personnel matters;
      (g) property acquisitions;
      (h) the contents of examinations;
      (i) information concerning the scoring or results of examinations, or a report of an examiner under section 51(4), the disclosure of which would be an unreasonable invasion of any individual’s personal privacy;
      (j) communications with the Office of the Ombudsperson;
      (k) instructions given to or opinions received from legal counsel, or any other matter which is subject to solicitor-client privilege;
      (l) information which the college would be required or authorized to refuse to disclose to an applicant making a request for records under Part 2 of the Freedom of Information and Protection of Privacy Act;
      (m) information which the college is otherwise required by law to keep confidential.
  (6) If the board excludes any person from a part of a meeting, it must have its reasons for doing so noted in the minutes of the meeting.
  (7) The registrar must ensure that minutes are taken at each meeting and retained on file.
  (8) A majority of the board members constitutes a quorum.
  (9) The board may meet and conduct business in person or by video, teleconference, web casting, or an equivalent medium.
  (10) Despite subsections (1) and (1.1), the registrar may call a meeting of the board under subsection (2) without providing notice to the registrants where necessary to conduct urgent business.
  (11) In case of a tie vote the chair of the meeting does not have a second vote in addition to the vote to which the chair is entitled as a board member, and the proposed resolution does not pass.
  (12) Except as otherwise provided under the Act, the most recent edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure governs the procedures at meetings of the board.
Resolutions in Writing
12.1 (1) A resolution approved by a majority of all board members in writing, including by mail, facsimile or e-mail, is valid and binding and of the same effect as if such resolution had been duly passed at a meeting of the board.
  (2) A resolution approved by two-thirds of all board members in writing, including by mail, facsimile or e-mail, is valid and binding and of the same effect as a special resolution duly passed at a meeting of the board.
  (3) A report of any resolution or special resolution approved under subsection (1) or (2) must be verified and made a part of the minutes of the next meeting of the board.
Committees
13. (1) Committee members
      (a) must be appointed by the board for terms of office specified by the board not exceeding two years, and
      (b) are eligible for reappointment, except that a registrant may not serve more than three consecutive terms as a member of the same committee.
  (2) The board may from time to time establish special committees, the membership and purpose of which are determined by the board.
  (3) Only a public representative or a member of one of the following classes of registrants may serve as a member of a committee:
      (a) full registrants;
      (b) full registration (365 day rule exempt) registrants;
      (c) conditional registrants;
      (d) non-practising registrants.
  (4) A committee member may be removed by a special resolution of the board.
  (5) A committee member may resign from the committee by providing written notice of resignation to the registrar.
  (6) If a committee position becomes vacant, the board may appoint a new member to the committee.
  (7) The board must appoint a committee chair and committee vice-chair from among the members of the committee.
  (8) The duties of the chair of a committee include
      (a) presiding over all meetings of the committee,
      (b) submitting an annual report to the board of the committee’s activities, and
      (c) carrying out other duties as directed by the board.
  (9) The vice-chair of a committee must perform the duties of the chair of a committee in the absence of the chair.
Registration Committee
14. (1) The registration committee is established consisting of at least 6 persons.
  (2) The registration committee must include at least one third public representatives, one of whom is an appointed board member, one elected board member and three registrants.
Inquiry Committee
15. (1) The inquiry committee is established consisting of at least 6 persons.
  (2) The inquiry committee must include at least one third public representatives, one of whom is an appointed board member, one elected board member, and three registrants.
Discipline Committee
16. (1) The discipline committee is established consisting of at least 6 persons.
  (2) The discipline committee must include one third public representatives, one of whom is an appointed board member, one elected board member, and three registrants.
  (3) The board must not appoint a person to be a member of the discipline committee and the inquiry committee at the same time.
Quality Assurance Committee
17. (1) The quality assurance committee is established consisting of at least 6 persons.
  (2) The quality assurance committee must include one third public representatives, one of whom is an appointed board member, one elected board member and three registrants.
Nominations Committee
17.1 (1) The nominations committee is established consisting of at least 3 persons.
  (2) The nominations committee must include at least one third public representatives, one of whom is an appointed board member, and at least one elected board member.
  (3) For each board election, the nominations committee  
      (a) must review all nominations received under section 5, and determine whether each nomination complies with all applicable eligibility requirements under section 3.1, and
      (b) commencing with the 2021 board election, having regard to the competencies approved by the board under section 5(0.1), must
          (i) in consultation with the board, identify the competencies needed in prospective candidates in the board election and, in collaboration with the registrar, ensure that information about those needed competencies is disseminated to registrants during the board election process,
          (ii) use reasonable efforts to identify and recruit prospective candidates who have the needed competencies, and to obtain at least as many qualified nominees for election as the number of elected board member offices to be filled in the election, and
          (iii) present to the board and the registrar a ticket of qualified nominees. 
Committee Panels
18. (1) The discipline committee, the inquiry committee, the registration committee and the quality assurance committee may meet in panels of three committee members which must include at least one public representative.
  (2) The chair of a committee referred to in subsection (1) must appoint the members of a panel and must designate a chair of a panel.
  (3) A panel of a committee referred to in subsection (1) may exercise any power, duty or function of that committee.
Meetings of a Committee or Panel
19. (1) A majority of a committee constitutes a quorum.
  (2) All members of a panel constitute a quorum.
  (3) The provisions of section 12(1.2) to (7), (9), (11) and (12) and section 12.1 apply to a committee or a panel as if it were the board, with any necessary changes.
Remuneration of Committee Members
20.   Committee members are equally entitled to be
      (a) remunerated for time spent on business of the college, in the amount approved by the board from time to time, and
      (b) reimbursed by the college for reasonable expenses necessarily incurred in connection with the business of the college.