D-3, r. 9.01 - Regulation respecting the indemnity fund of the Ordre des dentistes du Québec

Updated to 28 September 2023

This document has official status.

chapter D-3, r. 9.01

Regulation respecting the indemnity fund of the Ordre des dentistes du Québec

Dental Act

(chapter D-3, s. 3).

Professional Code

(chapter C-26, s. 89.1, 1st and 2nd pars.).

DIVISION I SETTING UP OF A COMPENSATION FUND

O.C. 1389-2023, Div. I.

1. The board of directors of the Ordre des dentistes du Québec sets up a compensation fund to be used to compensate a claimant following the use by a dentist of funds for purposes other than those for which the claimant had entrusted them to the dentist under a regulation of the Order made under section 89 of the Professional Code (chapter C-26).

O.C. 1389-2023, s. 1.

2. The compensation fund is maintained at a minimum amount of $200,000.

It consists of

(1)  sums allocated to the fund by the board of directors;

(2)  assessments fixed for that purpose by the board of directors;

(3)  sums recovered from a dentist by subrogation pursuant to the seventh paragraph of section 89.1 or 159 of the Professional Code (chapter C-26) following a payment made from the fund; and

(4)  income earned on the sums constituting the fund.

O.C. 1389-2023, s. 2.

DIVISION II RULES FOR THE ADMINISTRATION AND INVESTMENT OF THE COMPENSATION FUND

O.C. 1389-2023, Div. II.

3. The accounting for the fund must be kept separate from the accounting of the other funds of the Order.

O.C. 1389-2023, s. 3.

4. The board of directors of the Order administers the fund and withdraws therefrom administration fees.

The sums constituting the fund are invested by the board of directors of the Order as follows:

(1)  the portion of the sums the board of directors of the Order intends to use on a short-term basis is deposited in a financial institution governed by the Trust Companies and Savings Companies Act (chapter S-29.02), the Bank Act (S.C. 1991, c. 46), the Act respecting financial services cooperatives (chapter C-67.3) or the Trust and Loan Companies Act (S.C. 1991, c. 45) and whose deposits are covered by deposit insurance pursuant to the Canada Deposit Insurance Corporation Act (R.S.C. 1985, c. C-3) or guaranteed under the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2);

(2)  the other portion is constituted of investments presumed sound, within the meaning of article 1339 of the Civil Code.

O.C. 1389-2023, s. 4.

DIVISION III COMPENSATION FUND COMMITTEE

O.C. 1389-2023, Div. III.

5. The board of directors forms a committee charged with examining and deciding claims.

The committee is composed of at least 3 members, including one elected director and one director appointed by the Office des professions du Québec.

The board of directors designates the committee’s chair, secretary, and, if necessary, an assistant secretary who performs the same duties as the secretary. The secretary and the assistant secretary are not members of the committee.

The quorum of the committee is a majority of its members.

O.C. 1389-2023, s. 5.

6. Committee members remain in office at the end of their mandates until they are reappointed or replaced by the board of directors.

O.C. 1389-2023, s. 6.

DIVISION IV COMPENSATION PROCEDURE

O.C. 1389-2023, Div. IV.

7. To be admissible, a claim must

(1)  be sent by means of a sworn declaration signed by the claimant and addressed to the Order within 12 months of the claimant becoming aware that the funds have been used by a dentist for purposes other than those for which they were entrusted to the dentist by the claimant;

(2)  be accompanied by proof of the steps taken with the dentist to recover the funds;

(3)  state the facts in support of the claim and be accompanied by all relevant documents; and

(4)  indicate the amount claimed.

The period referred to in subparagraph 1 of the first paragraph may be extended by the committee if the claimant shows that, for a reason beyond the claimant’s control, the claimant was unable to file the claim within that period.

O.C. 1389-2023, s. 7.

8. A request made to the Order with regard to facts likely to give rise to a claim is deemed to be a claim if the request is filed within the period referred to in subparagraph 1 of the first paragraph of section 7.

The claim becomes admissible where the conditions set out in subparagraphs 2 to 4 of the first paragraph of section 7 are met.

O.C. 1389-2023, s. 8.

9. The secretary of the Order sends every admissible claim to the committee and the dentist within 15 days following the date on which the claim becomes admissible.

O.C. 1389-2023, s. 9.

10. Within 15 days preceding the date of the meeting during which the claim will be examined, the secretary of the Order notifies a notice to the dentist and the claimant informing them of the date of the meeting and of their right to make representations.

O.C. 1389-2023, s. 10.

11. Within 90 days from the date on which the claim was sent to the committee, the committee decides whether it is expedient to accept the claim, in whole or in part. Where applicable, the committee determines the amount of the compensation.

The committee’s substantiated decision is final. It is notified to the claimant and the dentist without delay.

O.C. 1389-2023, s. 11.

12. The maximum compensation payable from the fund that may be paid for the period covering the fiscal year of the Order is

(1)  $10,000 for a claim concerning a dentist;

(2)  $50,000 for all claims concerning a dentist; and

(3)  $200,000 for all claims.

Where all the claims filed for the period covering the fiscal year of the Order exceeds $200,000, the amount paid to each claimant is paid in proportion to the amount of each claim.

O.C. 1389-2023, s. 12.

13. Where the board of directors believes that a number of claims may be filed in respect of a dentist and that the total of the claims may exceed $50,000, the board of directors must suspend the payment of compensations until it has reviewed all claims in respect of the dentist.

If the circumstances allow it, the board of directors must draw an inventory of the sums received by the dentist and notify in writing the persons likely to file a claim of the possibility of doing so.

O.C. 1389-2023, s. 13.

14. Where the claimant is in a vulnerable situation, in particular because of age, physical or psychological state or social condition, the committee may, exceptionally and after having obtained the approval of the board of directors, pay a compensation amount greater than those provided for in section 12.

O.C. 1389-2023, s. 14.

DIVISION V FINAL

O.C. 1389-2023, Div. V.

15. (Omitted).

O.C. 1389-2023, s. 15.

REFERENCES

O.C. 1389-2023, 2023 G.O. 2, 2149