DENTISTS ACT
CHAPTER 94

Section 39

1. A person authorized by the council may apply to the Supreme Court for an order that authorizes a person named in the order to do one or more of the following:

(a) to enter the premises or land of the person named in the order at any reasonable time and conduct an inspection, examination or analysis;

(b) to require the production of any record, property, assets or things and to inspect, examine or analyze them;

(c) on giving a receipt, to seize and remove any record, property, assets or things inspected, examined or analyzed under paragraph (a) or (b) for further inspection, examination or analysis.

2. Unless the court otherwise directs, an application under subsection (1) may be made without notice to any person and heard in private.
3. On application under subsection (1), the court may make an order under this section if satisfied on oath that there are reasonable grounds for believing that evidence may be found

(a) that a person who is not a registrant has contravened this Act or the rules, or

(b) that a person who is a registrant

(i) has contravened this Act or the rules,

(ii) has failed to comply with a limit or condition imposed under this Act or the rules,

(iii) has acted in a manner that constitutes unprofessional conduct,

(iv) is not competent to practise dentistry, dental hygiene or certified dental assistance as the case may be, or

(v) is suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the person's ability to practise dentistry, dental hygiene or certified dental assisting, as the case may be.

4. In an order under this section, the court

(a) must identify the premises or land to be entered and must generally describe any thing to be searched for and examined, audited or seized,

(b) may include any limitations or conditions the court considers proper including the time of entry, the disposition of things seized and the access by any person to the things seized, and

(c) may direct that section 40 does not apply to a thing specified in the order

(i) provided all limitations and conditions included under paragraph (b) are met, and

(ii) unless, within 21 days of a seizure of the thing, a person who owned or controlled that thing at the time of the seizure requests by registered mail addressed to the council that section 40 apply to the thing seized.

5. A person who, while conducting or attempting to conduct an entry or search under this section, finds any thing not described in the order that the person believes on reasonable grounds will provide evidence in respect of a contravention of this Act or the rules may seize and remove that thing.

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