Part VI: Dental Hygiene Corporations

Authority of Registrar
60.1   The registrar is authorized to act for the board under section 43 of the Act.
Eligibility for Dental Hygiene Corporation Permit
60.2   A corporation may be issued a permit to operate as a dental hygiene corporation if, in addition to satisfying the other requirements and conditions under Part 4 of the Act,
      (a) every registrant of the college referred to in section 43 of the Act is
          (i) a full registrant, a full registration (365 day rule exempt) registrant, or a conditional registrant, or
          (ii) with the approval of the registrar, a non-practising registrant, and
      (b) the name of the corporation is approved by the registrar under section 64.
Application for Dental Hygiene Corporation Permit
61. (1) A corporation may be issued a permit to operate as a dental hygiene corporation if, having satisfied the requirements of section 43 of the Act and section 60.2, the corporation delivers to the registrar
      (a) a completed dental hygiene corporation permit application in a form approved by the registrar,
      (b) a true copy of the certificate of incorporation, filed transition application, certificate of amalgamation, or certificate of continuation, as the case may be, any certificate of change of name, and any certificate of restoration, issued to or filed by the corporation under the Business Corporations Act,
      (c) the permit fee set out in Schedule D,
      (d) any other outstanding fee, fine, debt or levy owed to the college,
      (e) an acknowledgement, in a form approved by the registrar, executed by each registrant who is a voting shareholder of the corporation or a holding company that directly or indirectly owns a legal or beneficial interest in any voting share of the corporation, confirming that the registrant has read section 14.1 of the Act, and that the registrant understands that
          (i) the registrant’s liability for professional negligence will not be affected by the fact that the registrant practises dental hygiene through or on behalf of the corporation, and
          (ii) the application of the Act, the Regulation and these bylaws to the registrant will not be affected, modified or diminished as a result of the dental hygienist’s relationship with the corporation, and
      (f) a certificate of solicitor in a form approved by the registrar.
  (2) A permit issued to a corporation under section 43 of the Act is valid until
      (a) the last day of the following February,
      (b) the registrar receives from the corporation a written request for cancellation of the permit,
      (c) the permit is revoked under section 44 of the Act, or
      (d) the corporation is dissolved or otherwise ceases to be a company in good standing under the Business Corporations Act.
Professional Liability Insurance
62.   The board or the registrar may require, as a condition of a dental hygiene corporation permit, that the dental hygiene corporation insure its employees against liability arising from an error, omission or negligent act in the provision of services included in the practice of dental hygiene in an amount of at least $1 million per occurrence in a form that is satisfactory to the college.
Renewal of Dental Hygiene Corporation Permit
63. (1) A dental hygiene corporation which intends to continue to provide dental hygiene services to the public must, before its permit expires, apply for a renewal of its permit by delivering to the registrar
      (a) a completed permit renewal application in a form approved by the registrar, and
      (b) the permit renewal fee set out in Schedule D.
  (2) Subject to section 61(2), a renewal permit is valid until the last day of the following February.
  (3) A dental hygiene corporation applying for or granted a renewal of a permit under subsection (1) must promptly inform the registrar in writing of any change to the information provided to complete its permit application or its most recent permit renewal application.
Dental Hygiene Corporation Names
64. (1) The name of a dental hygiene corporation
      (a) must contain the words "Dental Hygiene" together with and immediately preceeding the word or abbreviation "Corporation", "Corp.", "Incorporation" or "Inc.",
      (b) must not be identical to, or so closely resemble, the name of another dental hygiene corporation holding a valid permit issued under section 43 of the Act that it is likely to confuse or mislead the public, and
      (c) must not contravene section 69.
  (2) The registrar must approve the name of a corporation that complies with subsection (1) on receipt of
      (a) an application for dental hygiene corporation name approval in a form approved by the registrar, and
      (b) any applicable application fee set out in Schedule D.
Notification of Changes
65. (1) A dental hygiene corporation
      (a) must not change its name unless the new name has been approved by the registrar under section 64, and
      (b) must deliver to the registrar a true copy of any certificate of change of name issued to the dental hygiene corporation under the Business Corporations Act.
  (2) A dental hygiene corporation must
      (a) immediately notify the registrar of any other changes to the information provided to complete its permit application or its most recent permit renewal application, and
      (b) must deliver to the registrar another certificate of solicitor if required by the registrar.
Dental Hygiene Corporation Advertising
66.   A dental hygiene corporation which carries on the business of providing the services of dental hygiene to the public
      (a) must disclose on all letterhead and business cards, and in all other advertisements, that the services of dental hygiene are being provided by a dental hygiene corporation, and
      (b) must comply with the requirements of section 69 as if it were a registrant, to the extent those requirements may be applicable to a corporation.
Disposition of Shares
67. (1) The legal or beneficial interest in a voting or non-voting share of a dental hygiene corporation or holding company must not be transferred, pledged, or assigned to any person who is not entitled to hold that legal or beneficial interest in accordance with the requirements of section 43 of the Act and section 60.2(a).
  (2) If the legal or beneficial interest in any voting share of a dental hygiene corporation or a holding company that directly or indirectly owns a legal or beneficial interest in any voting share of the corporation is transferred or issued to a registrant or holding company who is entitled to hold that legal or beneficial interest under section 43 of the Act and section 60.2(a), and who is not already a voting shareholder, the dental hygiene corporation must
      (a) notify the registrar of the transfer or issuance,
      (b) deliver to the registrar an acknowledgement in compliance with section 61(1)(e) executed by
          (i) the transferee or new shareholder to be issued such shares, if the transferee or new shareholder is a registrant, or
          (ii) each registrant who is a voting shareholder of the transferee or of the new shareholder to be issued such shares, or of another holding company that directly or indirectly owns a legal or beneficial interest in any voting share of the transferee or new shareholder, if the transferee or new shareholder is a holding company, unless an acknowledgement executed by that registrant has previously been delivered to the registrar, and
      (c) deliver to the registrar another certificate of solicitor if required by the registrar.
Permit Revocation Hearings
68. (1) The powers and duties of the board under section 44 of the Act are delegated to the discipline committee.
  (2) A permit revocation hearing may be consolidated with a hearing conducted under section 38 of the Act if there are common matters in issue in both hearings, and the discipline committee considers consolidation to be appropriate in the circumstances.
  (3) The discipline committee may conduct an oral hearing or a hearing by written submission to determine if a dental hygiene corporation permit should be revoked.
  (4) The discipline committee may conduct a hearing upon receipt of a written complaint or on its own motion.
  (5) The registrar must provide notice of a permit revocation hearing by personal service or by registered mail to the registered office of the dental hygiene corporation not less than 30 days before the date of the hearing.
  (6) The notice of permit revocation hearing must
      (a) name the dental hygiene corporation as respondent,
      (b) describe the matter that is to be the subject of the hearing, including the particulars of any evidence in support of that subject matter,
      (c) if the hearing is to be an oral hearing,
          (i) specify the date, time and place of the hearing,
          (ii) notify the respondent that the discipline committee is entitled to proceed with the hearing in the absence of a representative of the dental hygiene corporation, and
          (iii) notify the respondent that the respondent and the college may appear as parties and with legal counsel at the hearing, and
      (d) if the hearing will be conducted by written submission, notify the respondent that he or she is entitled to submit a written submission within 30 days of receiving the notice.
  (7) At an oral permit revocation hearing of the discipline committee,
      (a) the testimony of witnesses must be taken on oath, which may be administered by any member of the discipline committee, and
      (b) the respondent and the college have the right to cross examine witnesses and to call evidence in defence and reply.
  (8) If the respondent does not attend, the discipline committee may
      (a) proceed with the hearing in the respondent’s absence on proof of receipt of the notice of permit revocation hearing by the respondent, and
      (b) without further notice to the respondent, take any action that it is authorized to take under the Act.
  (9) After a permit revocation hearing, the discipline committee must notify the respondent in writing of its decision under section 44(1) or (2) of the Act.