Canada: Ontario Minister Of Health Notifies Of Intention To Appoint Supervisor To The College Of Denturists

Last Updated: January 19 2012
Article by Cathi Mietkiewicz and Laurie M. Turner

On December 8, 2011, the Honourable Deb Matthews, the Minister of Health and Long-Term Care (the "Minister") wrote to the President of the College of Denturists of Ontario (the "CDO") notifying him of her intention to recommend to the Lieutenant Governor in Council that a College supervisor be appointed for the CDO.

Pursuant to the Regulated Health Professions Act, S.S.O. 1991, c. 18 (the "RHPA"), the Lieutenant Governor in Council may appoint a person as College supervisor on the recommendation of the Minister, where the Minister considers it appropriate or necessary and where, in the Minister's opinion, a Council has not complied with a requirement under subsection 5(1).1 In deciding whether to make a recommendation under subsection (1), the Minister may consider any matter she considers relevant, including:

(a) the quality of the administration and management, including financial management, of the College;
(b) the administration of the RHPA or the health profession Act as they relate to the health profession; and
(c) the performance of other duties and powers imposed on the College, the Council, the committees of the College, or persons employed, retained or appointed to administer the RHPA, the health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act.2

As further detailed in our bulletin dated August 12, 2011, entitled Ontario Minister of Health Orders An Audit of the College of Denturists, the Minister ordered an operational review and audit of the activities of the CDO in March of this year. At that time, the Minister expressed concerns about the "troubling" volume and nature of concerns that came to the attention of the Minister, emanating from both organizations and individuals.3 In May, the Minister appointed PricewaterhouseCoopers ("PwC") to conduct the operational review and audit. The Minister has now received the report from PwC (the "PwC Report").

The RHPA is silent on whether any of the results of the Minister's review of a college pursuant to section 5 must be made public. In this case, the Minister required the CDO to post her order of the audit and her December 8 letter4 prominently on its website. The Minster has not indicated whether she intends to publish the PwC Report.

In our August bulletin5, we speculated that the appointment of PwC may be a first step towards a College supervisor being appointed to the CDO. If a supervisor is appointed, this will be the first time that this provision has been utilized in the RHPA since it was enacted in 2009.

In her letter to the CDO, the Minister states she is recommending a College supervisor based, in part, on the PwC Report which identifies, among other things, "...a number of significant deficiencies in the College's practices and procedures".6 The Minister also cites the CDO Council's failure to comply with a requirement under subsection 5(1) of the RHPA – specifically, that the Minister had required the CDO to "...refrain from making any new by-laws pursuant to clause 94(1)(y) of the Health Professions Procedural Code and suspend all efforts at implementing the professional liability insurance program that was announced by the President of the College at the College's Special General Meeting on November 19, 2010..."7. Despite that direction from the Minister on March 9, 2011 the Minister asserts that the Council approved just such an amendment to the by-laws related to the professional liability insurance program on March 11, 2011. In a letter dated December 15, 2011 and posted on its website, the CDO indicates that the approval of amendments to its by-laws related to professional liability insurance were inadvertent and the CDO is currently taking steps to amend the by-laws.

The Minister is required under the RHPA to provide notice to the CDO before recommending to the Lieutenant Governor in Council that a supervisor is to be appointed.8 The RHPA provides Colleges with an opportunity to submit written reasons as to why a supervisor should not be appointed and requires such submissions to be presented to the Lieutenant Governor in Council if the Minister makes a recommendation to appoint a supervisor.9 If the Lieutenant Governor in Council ultimately receives such a recommendation from the Minister the Lieutenant Governor in Council will have to determine whether the circumstances warrant the appointment of a supervisor.10

If a supervisor is appointed, unless the appointment provides otherwise, the supervisor will have the right to exercise all the powers of the College's Council and every person employed/retained/appointed to administer the RHPA, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act.11 In fact, any actions taken by a College's Council while a supervisor is in place will require the written approval of the supervisor in order to be valid.12 A College supervisor must follow every direction of the Minister during his or her appointment13 (which is valid until terminated by cabinet order).14

It remains unclear whether the appointment of a supervisor will result in the changes that the Minister has stated she is seeking. Under a different provision in the RHPA, the Minister can compel the Council to make, amend or revoke a regulation under the RHPA15 and if it fails to do so, the government can enact the regulatory change itself16. This power has been used at least once in the past, without success. It will be interesting to see if a supervisor, if appointed, will have more success in effecting changes through complete governance control of a college rather than just through regulatory amendments.


1 Subsection 5(1) gives the Minister the authority to do any of the following: (a) inquire into or require a Council to inquire into the state of practice of a health profession in a locality or institution; (b) review a Council's activities and require the Council to provide reports and information; (c) require a Council to make, amend or revoke a regulation under a health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act; (d) require a Council to do anything that, in the opinion of the Minister, is necessary or advisable to carry out the intent of this Act, the health profession Acts, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act.

2 RHPA at s. 5.0.1(2).

3 Letter to the President and members of Council of the CDO from the Minister, dated March 9, 2011

4 Letter to the President of the CDO from the Minister, dated December 8, 2011

5 Bulletin, Ontario Minister of Health Orders an Audit of the College of Denturists, available at:

6 Supra Note 4

7 Ibid.

8 The notice required is 30 days. RHPA at s. 5.0.1(3).

9 RHPA at s. 5.0.1(4).

10 In making a determination the Lieutenant Governor in Council will consider any submissions made by the CDO along with the Minister's recommendation.

11 Ibid. at s. 5.0.1(6).

12 Ibid. at s. 5.0.1(8).

13 RHPA at s. 5.0.1(12)

14 Ibid. at s. 5.0.1(5)

15 Ibid at s .5(1)(c)

16 Ibid at s. 5(3)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.