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CHAPTER 94
Section 28
General powers of council to make rules
- The council may make rules for the governing of the profession of dentistry, the college and registrants and for the carrying out of this Act.
- No rule comes into force until approved by the Lieutenant Governor in Council.
- Without limiting subsection (1), the council may make rules respecting the following:
(a) persons to whom a dentist may delegate duties and procedures related to the treatment of the dentist's patients including
(i) providing different rules for different classes of persons and different classes of registration,
(ii) setting out requirements as to training, experience, character and registration in a class,
(iii) providing discretionary powers to register a person in a class including the power to refuse registration, and to impose terms and conditions on registration or the continuation of registration,
(iv) designating the duties and procedures which may be delegated by a dentist to a member of a class or to a registered member of a class, and
(v) setting out procedures to be followed by the dentist in delegating some or all of the designated duties and procedures;
(b) the appointment of a person or a committee composed of any persons, whether or not registered under this Act, the powers, duties and functions of the person or committee and the delegation of a power, duty and function of the council to the person or committee;
(c) the appointment of a panel composed of at least one committee member, the powers, duties and functions of the panel and the delegation of a power, duty and function of the committee to the panel;
(d) the removal and replacement of committee and panel members;
(e) reports and decisions of committees and panels including persons to whom reports must be made;
(f) appeals from decisions of committees or panels;
(g) investigations and hearings;
(h) the appointment and powers and duties of a chair of a committee;
(i) the circumstances under which the registrar may exercise the powers and perform the duties of a chair of a committee;
(j) costs of investigations and hearings concerning a current or former registrant or a class of current or former registrant including the assessment of some or all of the costs against some or all of the parties to the hearing and the collection of costs;
(k) the regulation and prohibition of advertising or some advertising by a registrant or a class of registrant;
(l) agreements or proposed agreements made or proposed by the council which bind a registrant or a class of registrant including ratification by a registrant or a class, of registrant and the circumstances in which an agreement of the council does not bind a registrant or a class of registrant;
(m) the removal and replacement of a member of the council or a class of member under section 16 including the manner of voting for the removal;
(n) meetings, including different rules for different kinds of meetings;
(o) voting, procedures, including different procedures for different classes of votes or persons;
(p) fees payable by registrants, and persons applying to become registrants including different fees for different classes of registrant or applicant;
(q) licences which evidence the payment of registration fees by registrants including provision for different licences for different classes of registrant;
(r) registration under this Act including prerequisites for registration, designations under section 26, limitations, terms and conditions that attach to registration including a limitation on the duration of registration, and provision for different prerequisites, limitations, terms and conditions that attach to different classes of registration,
(s) registers of registrants including access to registers and the keeping of separate registers for different classes of registrants;
(t) requirements that reports be made by a registrant or a class of registrant and the consequences of failure to report as required;
(u) requirements that a registrant or a class of registrant undertake continuing training or education;
(v) examinations, educational programs and fees for examinations and educational programs for a registrant or a class of registrant.
- Without limiting subsection (1), the council may make rules respecting the following:
(a) conduct which constitutes conduct unbecoming a registrant or a class of registrant;
(b) conduct which constitutes unprofessional conduct for a registrant or a class of registrant;
(c) reimbursement and remuneration of persons exercising functions in furtherance of the duties of the college under this Act and the rules made under this Act including different rules for persons exercising different functions;
(d) the monetary limit of a fine under section 43 (2);
(e) the time period referred to in section 61 and may provide different time periods for different classes of registrant;
(f) circumstances which permit the registrar to exempt a person from section 73 (1) or (2);
(g) the practice of dentistry by corporations or some corporations.
- Where the term "council" is used in this Act, the rules may provide that, for purposes related to a delegation under subsection (3) (b) or (c), "council" means the person, committee or panel appointed.
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