ontario regulation 75/12

made under the

dentistry act, 1991

Made: February 3, 2012
Approved: May 2, 2012
Filed: May 4, 2012
Published on e-Laws: May 7, 2012
Printed in The Ontario Gazette: May 19, 2012


Amending O. Reg. 205/94

(General)

1. Ontario Regulation 205/94 is amended by adding the following section:

Classes of Certificates of Registration

10.1 (1) The following are the classes of certificates of registration:

1. General.

2. Specialty.

3. Academic.

4. Education.

5. Post-Specialty Training.

6. Graduate Student.

7. Academic Visitor.

8. Instructional.

9. Short Duration.

(2) The holder of a specialty certificate of registration is authorized to practise one of the following specialties as indicated on the certificate and subject to any other terms, conditions or limitations:

1. Dental anaesthesia.

2. Endodontics.

3. Oral and maxillofacial surgery.

4. Oral medicine.

5. Oral pathology.

6. Oral and maxillofacial radiology.

7. Orthodontics and dentofacial orthopaedics.

8. Paediatric dentistry.

9. Periodontics.

10. Prosthodontics.

11. Public health dentistry.

2. Section 11 of the Regulation is revoked and the following substituted:

General Requirements and Conditions

11. (1) A person may apply for a certificate of registration by submitting a completed application for the class of certificate for which the application is made, in the form provided by the Registrar, together with any supporting documentation requested by the Registrar and the applicable fees required by the by-laws of the College.

(2) Payment of the fees referred to in subsection (1) is a non-exemptible requirement for the issuance of a certificate of registration of any class.

3. Sections 12 and 13 of the Regulation are revoked.

4. Paragraphs 1, 2 and 3 of section 15 of the Regulation are revoked and the following substituted:

1. A finding of guilt arising in any jurisdiction relating to any offence.

2. If the member is registered or licensed to practise any other profession in Ontario, or any profession in any other jurisdiction, an investigation or proceeding for professional misconduct, incompetence, incapacity or a similar investigation or proceeding.

3. If the member is registered or licensed to practise any other profession in Ontario, or any profession in any other jurisdiction, a finding of professional misconduct, incompetence, incapacity or a similar finding.

5. (1) Subsection 16 (1) of the Regulation is amended by striking out “Subject to section 17” at the beginning of the portion before paragraph 1.

(2) Paragraph 2 of subsection 16 (1) of the Regulation is amended by adding “or” at the end of subparagraph i, by striking out “or” at the end of subparagraph ii and by revoking subparagraph iii.

(3) Subsections 16 (2) and (3) of the Regulation are revoked and the following substituted:

(2) Subject to subsection (3), the requirement of paragraph 2 of subsection (1) is non-exemptible.

(3) The requirements of paragraphs 1 and 2 of subsection (1) do not apply to an applicant if he or she held a general certificate of registration issued by the College at any time before submitting his or her application for a general certificate of registration.

6. Section 17 of the Regulation is revoked and the following substituted:

17. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the applicant is deemed to have met the requirements of paragraphs 1, 2 and 3 of subsection 16 (1) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a dentist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Without in any way limiting the generality of subsection (2), “good standing” shall include the fact that,

(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant that out-of-province certificate as a dentist.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 4 of subsection 16 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. 

7. (1) The definition of “approved diploma or degree program” in subsection 18 (1) of the Regulation is amended by striking out “at the time the applicant commenced the program” at the end of the portion before clause (a) and substituting “either at the time the applicant commenced the program or at the time the applicant graduated from the program”.

(2) Paragraph 5 of subsection 18 (2) of the Regulation is amended by striking out “has not engaged in the practice of dentistry on a continuous and regular basis” and substituting “has not engaged in the specialty practice of dentistry, for which the authorization is sought, on a continuous and regular basis”.

(3) Subsection 18 (3) of the Regulation is amended by adding “or” at the end of clause (a) and by revoking clause (c).

(4) Subsection 18 (5) of the Regulation is revoked and the following substituted:

(5) Subject to subsection (6), the requirements in paragraphs 3 and 4 of subsection (2) are non-exemptible.


(6) The requirements of paragraphs 1, 3 and 4 of subsection (2) do not apply to an applicant if he or she held a specialty certificate of registration issued by the College for the specialty in which he or she is applying at any time before submitting his or her application for that specialty certificate of registration.

(7) Nothing in subparagraph 4 ii of subsection (2) requires the College to set or approve a specialty examination.

8. Section 19 of the Regulation is revoked and the following substituted:

19. (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the applicant is deemed to have met the requirements of paragraphs 1, 3, 4 and 5 of subsection 18 (2) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a dentist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Without in any way limiting the generality of subsection (2), “good standing” shall include the fact that,

(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant that out-of-province certificate as a dentist.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 6 of subsection 18 (2) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.

9. The Regulation is amended by adding the following section before the heading “Education Certificate”:

20.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the applicant is deemed to have met the requirements of paragraph 1 of subsection 20 (1) of this Regulation.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a dentist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Without in any way limiting the generality of subsection (2), “good standing” shall include the fact that,

(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant that out-of-province certificate as a dentist.

(4) An applicant referred to in subsection (1) is deemed to have met the requirements of paragraph 3 of subsection 20 (1) where the requirements for the issuance of the applicant’s out-of-province certificate included language proficiency requirements equivalent to those required by that paragraph.

(5) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code. 

10. (1) Subparagraph 3 i of subsection 21 (1) of the Regulation is revoked and the following substituted:

i. has a written offer of admission to,

A. a public hospital-based dental internship program in Ontario that is accredited by the Commission on Dental Accreditation of Canada or by another accreditation body designated by Council, or

B. a public hospital-based dental residency program in Ontario that is accredited by the Commission on Dental Accreditation of Canada or by another accreditation body designated by Council, or

(2) Subsection 21 (3) of the Regulation is revoked and the following substituted:

(3) The Registration Committee may extend the duration of an education certificate of registration for such period as the Committee considers reasonable in the circumstances and may make the extension subject to any terms or conditions that the Committee considers appropriate. 

11. (1) Paragraph 3 of subsection 22 (2) of the Regulation is revoked and the following substituted:

3. The applicant has successfully completed a specialty program in one of the following:

i. Dental anaesthesia.

ii. Endodontics.

iii. Oral and maxillofacial surgery.

iv. Oral medicine.

v. Oral pathology.

vi. Oral and maxillofacial radiology.

vii. Orthodontics and dentofacial orthopaedics.

viii. Paediatric dentistry.

ix. Periodontics.

x. Prosthodontics.

xi. Public health dentistry.

(2) Paragraph 5 of subsection 22 (2) of the Regulation is revoked.

(3) Paragraph 1 of subsection 22 (3) of the Regulation is revoked and the following substituted:

1. The member may engage in the practice of dentistry only as may be required for the program of studies in which he or she is enrolled and only under the supervision of a member of the College who is either,

i. a member of the dental staff of the faculty or school of dentistry, or

ii. a member of the dental staff of a facility formally associated with that faculty or school of dentistry.

(4) Paragraph 3 of subsection 22 (3) of the Regulation is revoked and the following substituted:

3. The member shall not supervise or direct any person respecting the performance of any act or acts that are authorized to members.

(5) Subsection 22 (4) of the Regulation is revoked and the following substituted:

(4) The Registration Committee may extend the duration of a post-specialty training certificate of registration for such period as the Committee considers reasonable in the circumstances and may make the extension subject to any terms and conditions that the Committee considers appropriate.

12. (1) Subparagraph 3 iii of subsection 23 (1) of the Regulation is revoked and the following substituted:

iii. has been accepted for enrolment as a Masters or PhD student in a faculty or school of dentistry at a university in Ontario in a program, other than a dental internship or dental residency program, that requires the applicant to perform any act or acts authorized to members.

(2) Paragraphs 4 and 5 of subsection 23 (1) of the Regulation are revoked and the following substituted:

4. The applicant is a Canadian citizen or a permanent resident of Canada or has received the appropriate authorization under the Immigration and Refugee Protection Act (Canada) to permit the applicant to engage in the practice of dentistry in Canada as authorized by the certificate.

(3) Paragraph 1 of subsection 23 (2) of the Regulation is revoked and the following substituted:

1. The member may engage in the practice of dentistry only as may be required for the program of studies in which he or she is enrolled and only under the supervision of a member of the dental facility or dental school who is also a member of the College.

(4) Paragraph 3 of subsection 23 (2) of the Regulation is revoked and the following substituted:

3. The member shall not supervise or direct any person respecting the performance of any act or acts authorized to members.

13. The Regulation is amended by adding the following section before the heading “Instructional Certificate”:

24.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirements of paragraphs 1 and 2 of subsection 24 (1) of this Regulation are deemed to have been met.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a dentist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Without in any way limiting the generality of subsection (2), “good standing” shall include the fact that,

(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant that out-of-province certificate as a dentist.

(4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.

14. The Regulation is amended by adding the following section before the heading “Short Duration”:

25.1 (1) Where section 22.18 of the Health Professions Procedural Code applies to an applicant, the requirement set out in paragraph 1 of subsection 25 (1) of this Regulation is deemed to have been met.

(2) It is a non-exemptible registration requirement that an applicant referred to in subsection (1) provide a certificate, letter or other evidence satisfactory to the Registrar or a panel of the Registration Committee confirming that the applicant is in good standing as a dentist in every jurisdiction where the applicant holds an out-of-province certificate.

(3) Without in any way limiting the generality of subsection (2), “good standing” shall include the fact that,

(a) the applicant is not the subject of any discipline or fitness to practise order or of any proceeding or ongoing investigation or of any interim order or agreement as a result of a complaint, investigation or proceeding; and

(b) the applicant has complied with the continuing competency and quality assurance requirements of the regulatory authority that issued the applicant that out-of-province certificate as a dentist.

(4) Despite subsection (1), an applicant is not deemed to have met a requirement if that requirement is described in subsection 22.18 (3) of the Health Professions Procedural Code.

15. Paragraph 1 of subsection 26 (1) of the Regulation is revoked and the following substituted:

1. The applicant,

i. holds an out-of-province certificate that is equivalent to a general or specialty certificate of registration, or

ii. is registered or licensed to practise independently and without restriction or condition as a dentist in one of the states of the United States of America.

16. Clause 30 (6) (e) of the Regulation is revoked and the following substituted:

(e) failed to comply with a decision of a panel of the Inquiries, Complaints and Reports Committee or a predecessor to that committee, including a decision requiring the member to attend to be cautioned;

Commencement

17. This Regulation comes into force on the day it is filed.

Made by:

Council of the Royal College of Dental Surgeons of Ontario:

Dr. Peter Trainor

President

Irwin Fefergrad

Registrar

Date made: February 3, 2012.