D-3, r. 13 - Regulation respecting compulsory contribution to the professional liability insurance fund of the Ordre des dentistes du Québec

Replaced on 1 April 2020

This document has official status.

chapter D-3, r. 13

Regulation respecting compulsory contribution to the professional liability insurance fund of the Ordre des dentistes du Québec

Dental Act

(chapter D-3, s. 3).

Professional Code

(chapter C-26, s. 93, par. d).

Replaced, Décision OPQ 2020-385, 2020 G.O. 2, 1041; eff. 2020-04-01; see chapter D-3, r. 1.1.

DIVISION I CONTRIBUTION TO THE PROFESSIONAL LIABILITY INSURANCE FUND

1. Every dentist entered on the roll must contribute to the professional liability insurance fund of the Ordre des dentistes du Québec.

O.C. 1750-89, s. 1.

2. Notwithstanding section 1, a dentist need not contribute to the fund if:

(1)  he works exclusively for the Gouvernement du Québec and is appointed in accordance with the Public Service Act (chapter F-3.1.1);

(2)  he works exclusively for an agency the majority of whose members are appointed by the Gouvernement du Québec or by one of its ministers, whose personnel is appointed by law in accordance with the Public Service Act or whose capital forms part of the domain of the State, or for an agency designated by law as a mandatary of the Government;

(3)  he works exclusively for the “Public Service” of Canada as defined in section 2 of the Public Service Labour Relations Act (S.C. 2003, c. 22), for the “Canadian Forces” within the meaning of section 14 of the National Defence Act (R.S.C. 1985, c. N-5), or for a “Crown corporation” within the meaning of subsection 1 of section 83 of the Financial Administration Act (R.S.C. 1985, c. F-11) and mentioned in the schedules to that Act;

(4)  he works exclusively for a municipality, a regional county municipality, the Communauté métropolitaine de Québec, the Communauté métropolitaine de Montréal, Ville de Gatineau, a school board or the Comité de gestion de la taxe scolaire de l’île de Montréal and such an organization stands surety for, defends and accepts financial responsability for the consequences of any fault or negligence committed by the dentist in the performance of his duties;

(5)  he is entered on the roll, but under no circumstances performs any of the acts specified in Division V of the Dental Act (chapter D-3);

(6)  he works exclusively for the faculty or school of dentistry of a Québec university and the organization in question stands surety for, defends and accepts financial responsibility for the consequences of any fault or negligence committed by the dentist in the performance of his duties;

(7)  he is working exclusively to complete a full-time university graduate program in a specialty recognized by the Order and the organization in question stands surety for, defends and accepts financial responsibility for the consequences of any fault or negligence committed by the dentist in the performance of his duties;

(8)  he is undergoing full-time training within the framework of a program recognized by the Order and limits the practice of his profession to that training, and the organization in question stands surety for, defends and accepts financial responsibility for the consequences of any fault or negligence committed by the dentist in the performance of his duties.

O.C. 1750-89, s. 2; O.C. 1650-92, s. 1.

DIVISION II APPLICATION FOR EXEMPTION

3. A dentist who finds himself in any of the situations described in section 2 shall forward to the secretary a duly completed application for exemption conforming to the form in Schedule 1.

Where he works for an organization referred to in paragraph 4, 6, 7 or 8 of section 2, he must attach to his application a certified copy of a resolution by that organization in conformity with the form in Schedule 2.

Where a dentist ceases to be in any of the situations described in section 2, he shall immediately comply with the provisions of section 1 and shall so notify the secretary immediately in writing.

O.C. 1750-89, s. 3; O.C. 1650-92, s. 2.

DIVISION III TRANSITIONAL

4. Any dentist who, as of the coming into force of the resolution of the board of directors of the Order creating the professional liability insurance fund, holds a guarantee against professional liability at least equivalent to that prescribed by the fund complies with this Regulation.

The exception prescribed in the first paragraph ends on the date of expiry of the guarantee held by the dentist, where that date occurs after 31 December 1989.

As of the date of coming into force of this Regulation, a dentist shall not modify or cancel his guarantee against professional liability except to contribute to the fund. However, if his guarantee expires before 31 December 1989, he may renew it for a period of not more than one year.

A dentist holding such a guarantee must provide proof thereof to the secretary by forwarding a copy thereof to him.

O.C. 1750-89, s. 4.

DIVISION IV FINAL

5. (Omitted).

O.C. 1750-89, s. 5.

6. (Omitted).

O.C. 1750-89, s. 6.

SCHEDULE 1

(s. 3)

APPLICATION FOR EXEMPTION

I wish to be exempted from contributing to the professional liability insurance fund of the Ordre des dentistes du Québec because:

□ I work exclusively for the Gouvernement du Québec and am appointed in accordance with the Public Service Act (chapter F-3.1.1);

□ I work exclusively for an agency the majority of whose members are appointed by the Gouvernement du Québec or by one of its ministers, whose personnel is appointed by law in accordance with the Public Service Act or whose capital forms part of the domain of the State, or for an agency designated by law as a mandatary of the Government;

□ I work exclusively for the “Public Service” of Canada as defined in section 2 of the Public Service Labour Relations Act (S.C. 2003, c. 22), for the “Canadian Forces” within the meaning of section 14 of the National Defence Act (R.S.C. 1985, c. N-5), or for a “Crown corporation” within the meaning of subsection 1 of section 83 of the Financial Administration Act (R.S.C. 1985, c. F-11) and mentioned in the schedules to that Act;

□ I work exclusively for a municipality, a regional county municipality, the Communauté métropolitaine de Québec, the Communauté métropolitaine de Montréal, Ville de Gatineau, a school board or the Comité de gestion de la taxe scolaire de l’île de Montréal;

□ I am entered on the roll, but under no circumstances do I perform any of the acts specified in Division V of the Dental Act (chapter D-3);

□ I work exclusively for the faculty or school of dentistry of a Québec university;

□ I am working exclusively to complete a full-time university graduate program in a specialty recognized by the Order;

□ I am undergoing full-time training within the framework of a program recognized by the Order and I limit the practice of my profession to that training.

I undertake to notify the secretary in writing immediately of any change modifying in any way the reason for my exemption from contributing to the professional liability insurance fund of the Ordre des dentistes du Québec.

__________________________________________________

Dentist’s signature

Sworn before me at ______________________________ this ______________________________ day of ______________________________ 20__________.

__________________________________________________

Commissioner for oaths

O.C. 1750-89, Sch.1; O.C. 1650-92, s. 3.

SCHEDULE 2

(s. 3)

APPLICATION FOR EXEMPTION

Considering that Doctor ______________________________ works exclusively for __________(name of agency)__________, it was moved by ______________________________ seconded by______________________________ and resolved (resolution no. __________) at a meeting held on ______________________________ 20__________, that it be declared, for the purposes of the Regulation respecting compulsory contribution to the professional liability insurance fund of the Ordre des dentistes du Québec (chapter D-3, r. 13):

“That ______________________________ stands surety for, defends and accepts financial responsibility for the consequences of any fault or negligence committed by Doctor ______________________________ in the performance of his duties.”.

Signed on this ______________________________ day of ______________________________ 20__________.

True copy

__________________________________________________

(authorized person, title)

O.C. 1750-89, Sch. 2.

REFERENCES

O.C. 1750-89, 1989 G.O. 2, 4155

O.C. 1650-92, 1992 G.O. 2, 5048

S.Q. 2008, c. 11, s. 212