Part I: Board of the College

Board Composition
2.   The board consists of six elected board members and the appointed board members.
Electoral Districts
3. (1) The province of British Columbia is divided into the following five electoral districts whose boundaries are defined by the map in Schedule A:
      (a) Lower Mainland;
      (b) Cariboo North;
      (c) Kootenays;
      (d) Okanagan;
      (e) Vancouver Island/Coast.
  (2) Two elected board members must be elected for the Lower Mainland electoral district, and one elected board member must be elected for each other electoral district, in accordance with these bylaws.
  (3) The boundaries of an electoral district, or the number of elected board members elected for an electoral district, may only be changed by a special resolution of the board amending Schedule A or subsection (2).
  (4) For the purposes of an election of an elected board member, every registrant is assigned to the electoral district in which the registrant’s mailing address, as specified in the register under section 21(2) of the Act, is located on November 1 prior to the expiry of the applicable term of office.
Eligibility for Election
3.1 (1) Subject to subsections (2) to (8), registrants in the following classes of registrants are eligible to be elected in an election under section 17(3)(a) of the Act:
      (a) full registrants;
      (b) full registration (365 day rule exempt) registrants;
      (c) conditional registrants.
  (2) To be eligible to be elected in an election under section 17(3)(a) of the Act, a registrant must be in good standing, and must ordinarily reside in British Columbia.
  (3) A registrant must be assigned to an electoral district in accordance with section 3(4) to be elected as an elected board member for that electoral district.
  (4) An elected board member is not eligible to be elected to another office as an elected board member with an overlapping term of office in an election under section 17(3)(a) of the Act, unless he or she resigns his or her existing office as an elected board member at the time he or she submits his or her nomination for the other office.
  (5) A registrant is not eligible to be elected in an election under section 17(3)(a) of the Act if the registrant is employed by the college, or was employed by the college at any time on or after the date that is 11 months before the expiry of the applicable term of office.
  (6) A registrant is not eligible to be elected in an election under section 17(3)(a) of the Act if the registrant is, or was at any time on or after the date that is 11 months before the expiry of the applicable term of office, a director or officer of a dental hygiene professional association.
  (7) A registrant is not eligible to be elected in an election under section 17(3)(a) of the Act if the registrant is a current candidate for election as a director of a dental hygiene professional association.
  (8) An elected board member who has held office for a consecutive period of six years or more is not eligible to be elected in an election for a vacant office under section 17(3)(a) of the Act, unless the term of office of the vacant office commences at least one year after the expiry of that consecutive period.
Eligibility to Vote in Elections
3.2 (1) Subject to subsection (2), registrants in the following classes of registrants are eligible to vote in an election under section 17(3)(a) of the Act:
      (a) full registrants;
      (b) full registration (365 day rule exempt) registrants;
      (c) conditional registrants;
      (d) non-practising registrants.
  (2) A registrant must be assigned to an electoral district in accordance with section 3(4) to be eligible to vote in an election for the office of an elected board member for that electoral district.
Notice of Election
4. (1) The registrar must deliver to every eligible voter notice of an election at least 150 days prior to the expiry of the applicable term of office.
  (2) The notice must contain information about the nomination procedure and the election procedure.
  (3) The accidental omission to deliver notice of an election to, or the non-receipt of such notice by, any person entitled to receive notice does not invalidate the election, any proceedings in relation thereto, or the results thereof.
Nomination Procedure
5. (1) A candidate for election to a vacant office must be nominated by another individual who is an eligible voter in good standing who has not nominated any other candidate for election to the same office.
  (2) The nomination must be in writing in the form set out in Schedule B, and must be signed by the nominator and at least five other eligible voters in good standing.
  (3) A person nominated under subsection (1) must declare in writing that he or she will observe the provisions of the Act, the regulations and these bylaws and the procedures related to the election and the conduct of the election by signing the declaration on the form set out in Schedule B.
  (4) Nominations must be received by the registrar at least 90 days before the expiry of the applicable term of office.
  (5) A nomination is not valid if the person nominated is ineligible for election to the applicable vacant office under section 3.1.
  (6) A candidate for election must not simultaneously be nominated for election to more than one vacant office.
Election Procedures
6. (1) The registrar must deliver an election ballot to each eligible voter for each vacant office not less than 45 days before the expiry of the applicable term of office.
  (2) Each eligible voter for a vacant office is entitled to one ballot, and may vote in favour of one candidate to be elected for that vacant office.
  (3) A ballot must not be counted unless it is received by the registrar at least 21 days prior to the expiry of the applicable term of office and is delivered to the registrar in accordance with the procedures established under subsection (6.1).
  (4) The candidate for a vacant office who receives the most votes on the return of the ballots is elected.
  (5) In the case of a tie vote, the registrar must select the successful candidate by random draw.
  (6) The registrar must supervise and administer all board elections and may establish procedures, consistent with these bylaws, for that purpose.
  (6.1) The registrar must establish procedures, consistent with these bylaws, for eligible voters to deliver ballots to the registrar in a manner that ensures that each ballot is submitted by an eligible voter and that no eligible voter casts more than one ballot, while assuring the anonymity of each voter in the counting of the ballots.
  (7) The registrar must determine any dispute or irregularity with respect to any nomination, ballot or election.
  (8) If only one candidate is nominated for election to a vacant office under section 5 by the close of nominations, the nominee is elected by acclamation.
Terms of Office
7. (1) Subject to the Act, subsections (2) to (2.2), and sections 8 and 10, the term of office for an elected board member is two years, commencing on March 1 immediately following the election.
  (2) Except as provided in subsection (2.1), subsection (1) does not affect the term of office of an elected board member who was elected on or before March 1, 2015.
  (2.1) The elected board member elected in the 2015 board election for the Lower Mainland electoral district is deemed to have been elected for a two year term.
  (2.2) The term of office for the elected board member elected in the 2016 board election for the Kootenays electoral district is three years, commencing March 1, 2016.
  (3) An elected board member may resign at any time by delivering a notice in writing to the registrar and the resignation is effective upon receipt by the registrar.
Vacancy
8. (1) If an elected board member ceases to hold office as an elected board member before the expiry of his or her term of office, the board may, by special resolution, appoint a registrant to fill the resulting vacancy who is eligible to be elected to that office, who will immediately assume the former board member’s office as an elected board member, and will hold office for the remainder of the former board member’s term of office.
  (2) For the purpose of subsection (1),
      (a) the reference in section 3(4) to "November 1 prior to the expiry of the applicable term of office" must be read as "the date of the special resolution of the board under section 8(1)", and
      (b) the references in section 3.1(5) and (6) to "the date that is 11 months before the expiry of the applicable term of office" must be read as "the date that is 11 months before the date of the special resolution of the board under section 8(1)".
  (3) Subject to subsection (4), if no eligible candidate is nominated for election to a vacant office within the time required under section 5(4), the board may, by special resolution, appoint a registrant who is eligible to be elected to that office to fill that office.
  (4) The board may appoint a registrant to fill an office under subsection (3) who does not satisfy one or more of the following requirements:
      (a) the requirement under section 3.1(5), if the registrant is not currently employed by the college or resigns his or her employment with the college;
      (b) the requirement under section 3.1(6), if the registrant is not currently a director or officer of a dental hygiene professional association or resigns his or her position as a director or officer of a dental hygiene professional association;
      (c) the requirement under section 3.1(8).
Remuneration of Board Members
9.   Board members are equally entitled to be
      (a) remunerated for time spent on business of the college, in the amount approved by the board from time to time, and
      (b) reimbursed by the college for reasonable expenses necessarily incurred in connection with the business of the college.
Removal of Board Member
10.   An elected board member ceases to hold office as an elected board member if he or she
      (a) is removed from office under section 17.11(5) of the Act,
      (b) ceases to be a full registrant, a full registration (365 day rule exempt) registrant or a conditional registrant in good standing,
      (c) ceases to be a resident of British Columbia,
      (d) becomes an employee of the college,
      (e) becomes a director or officer, or a candidate for election as a director, of a dental hygiene professional association,
      (f) resigns from office as an elected board member, or
      (g) dies.
Board Chair and Vice-Chair
11. (1) The board must elect a board chair and a board vice-chair from among its members by a majority vote, for a two year term.
  (1.1) The board chair or board vice-chair ceases to hold office as board chair or board vice-chair
      (a) upon the election of a new board chair or board vice-chair, as the case may be, under subsection (1), or
      (b) if he or she
          (i) ceases to hold office as an elected board member,
          (ii) resigns from the office of board chair or board vice-chair, as the case may be, or
          (iii) is removed from the office of board chair or board vice-chair by a majority vote of the board.
  (1.2) If the board chair or board vice-chair ceases to hold that office under subsection (1.1)(b), the board must elect another board chair or board vice-chair from among its members, by a majority vote, to fill the vacancy in the applicable office as soon as is convenient.
  (2) The board chair must
      (a) preside at all general meetings of the college and board meetings, and is a non-voting member of every committee of the college to which the board chair is not otherwise appointed as a voting member under section 13,
      (b) sign certificates and other instruments executed on behalf of the college as required,
      (c) sign the minutes of each meeting after they are approved by the board, and
      (d) act generally in accordance with the requirements of his or her office for the proper carrying out of the duties of the board.
  (3) If the board chair is absent or unable to act, the board vice-chair may exercise the powers and must perform the duties of the board chair.
  (4) If the board chair and board vice-chair are both absent or unable to act, the board may authorize another board member to exercise the powers and perform the duties of the board chair.
Board Meetings
12. (1) The board must meet at least 3 times in each fiscal year and must provide reasonable notice of board meetings to registrants.
  (1.1) Notice may be provided to registrants under subsection (1) by posting a notice on the college website.
  (1.2) The accidental omission to deliver notice of a board meeting to, or the non-receipt of, such notice by, any person entitled to receive notice does not invalidate proceedings at that meeting.
  (2) Meetings of the board must be called by the registrar at the request of either the board chair or any 5 board members.
  (3) Subject to subsection (3.1), the registrar must provide the following to any person on request:
      (a) details of the time and place of a board meeting;
      (b) a copy of the agenda for the board meeting;
      (c) a copy of the minutes of any previous board meeting.
  (3.1) A copy of an agenda provided under subsection (3)(b) or minutes provided under subsection (3)(c) may be edited to remove information about any matter referred to in subsection (5), provided that the reasons for removing that information are noted in the edited agenda or minutes.
  (4) Subject to subsection (5), meetings of the board must be open to registrants and to the public.
  (5) The board may exclude any person who is not a board member from any part of a meeting if it is satisfied that one or more of the following matters will be discussed:
      (a) financial or personal or other matters that are of such a nature that the interest of any affected person or the public interest in avoiding disclosure of those matters outweighs the public interest in board meetings be open to the public;
      (b) information concerning an application by any individual for registration under section 20 of the Act, or reinstatement or renewal thereof, the disclosure of which would be an unreasonable invasion of the applicant’s personal privacy;
      (c) information concerning a complaint against, or investigation of, any individual under Part 3 of the Act, the disclosure of which would be an unreasonable invasion of the individual’s personal privacy;
      (d) information concerning an assessment of the professional performance of a registrant under section 26.1 of the Act, the disclosure of which would be an unreasonable invasion of the registrant’s personal privacy;
      (e) information the disclosure of which may prejudice the interests of any person involved in
          (i) a proceeding under the Act, including a disciplinary proceeding under Part 3 of the Act, a review under Part 4.2 of the Act, or a permit revocation hearing under section 68, or
          (ii) any other criminal, civil or administrative proceeding;
      (f) personnel matters;
      (g) property acquisitions;
      (h) the contents of examinations;
      (i) information concerning the scoring or results of examinations, or a report of an examiner under section 51(4), the disclosure of which would be an unreasonable invasion of any individual’s personal privacy;
      (j) communications with the Office of the Ombudsperson;
      (k) instructions given to or opinions received from legal counsel, or any other matter which is subject to solicitor-client privilege;
      (l) information which the college would be required or authorized to refuse to disclose to an applicant making a request for records under Part 2 of the Freedom of Information and Protection of Privacy Act;
      (m) information which the college is otherwise required by law to keep confidential.
  (6) If the board excludes any person from a part of a meeting, it must have its reasons for doing so noted in the minutes of the meeting.
  (7) The registrar must ensure that minutes are taken at each meeting and retained on file.
  (8) A majority of the board members constitutes a quorum.
  (9) The board may meet and conduct business in person or by video, teleconference, web casting, or an equivalent medium.
  (10) Despite subsections (1) and (1.1), the registrar may call a meeting of the board under subsection (2) without providing notice to the registrants where necessary to conduct urgent business.
  (11) In case of a tie vote the chair of the meeting does not have a second vote in addition to the vote to which the chair is entitled as a board member, and the proposed resolution does not pass.
  (12) Except as otherwise provided under the Act, the most recent edition of the American Institute of Parliamentarians Standard Code of Parliamentary Procedure governs the procedures at meetings of the board.
Resolutions in Writing
12.1 (1) A resolution approved by a majority of all board members in writing, including by mail, facsimile or e-mail, is valid and binding and of the same effect as if such resolution had been duly passed at a meeting of the board.
  (2) A resolution approved by two-thirds of all board members in writing, including by mail, facsimile or e-mail, is valid and binding and of the same effect as a special resolution duly passed at a meeting of the board.
  (3) A report of any resolution or special resolution approved under subsection (1) or (2) must be verified and made a part of the minutes of the next meeting of the board.
Committees
13. (1) Committee members
      (a) must be appointed by the board for terms of office specified by the board not exceeding two years, and
      (b) are eligible for reappointment, except that a registrant may not serve more than three consecutive terms as a member of the same committee.
  (2) The board may from time to time establish special committees, the membership and purpose of which are determined by the board.
  (3) Only a public representative or a member of one of the following classes of registrants may serve as a member of a committee:
      (a) full registrants;
      (b) full registration (365 day rule exempt) registrants;
      (c) conditional registrants;
      (d) non-practising registrants.
  (4) A committee member may be removed by a special resolution of the board.
  (5) A committee member may resign from the committee by providing written notice of resignation to the registrar.
  (6) If a committee position becomes vacant, the board may appoint a new member to the committee.
  (7) The board must appoint a committee chair and committee vice-chair from among the members of the committee.
  (8) The duties of the chair of a committee include
      (a) presiding over all meetings of the committee,
      (b) submitting an annual report to the board of the committee’s activities, and
      (c) carrying out other duties as directed by the board.
  (9) The vice-chair of a committee must perform the duties of the chair of a committee in the absence of the chair.
Registration Committee
14. (1) The registration committee is established consisting of at least 6 persons.
  (2) The registration committee must include at least one third public representatives, one of whom is an appointed board member, one elected board member and three registrants.
Inquiry Committee
15. (1) The inquiry committee is established consisting of at least 6 persons.
  (2) The inquiry committee must include at least one third public representatives, one of whom is an appointed board member, one elected board member, and three registrants.
Discipline Committee
16. (1) The discipline committee is established consisting of at least 6 persons.
  (2) The discipline committee must include one third public representatives, one of whom is an appointed board member, one elected board member, and three registrants.
  (3) The board must not appoint a person to be a member of the discipline committee and the inquiry committee at the same time.
Quality Assurance Committee
17. (1) The quality assurance committee is established consisting of at least 6 persons.
  (2) The quality assurance committee must include one third public representatives, one of whom is an appointed board member, one elected board member and three registrants.
Committee Panels
18. (1) The discipline committee, the inquiry committee, the registration committee and the quality assurance committee may meet in panels of three committee members which must include at least one public representative.
  (2) The chair of a committee referred to in subsection (1) must appoint the members of a panel and must designate a chair of a panel.
  (3) A panel of a committee referred to in subsection (1) may exercise any power, duty or function of that committee.
Meetings of a Committee or Panel
19. (1) A majority of a committee constitutes a quorum.
  (2) All members of a panel constitute a quorum.
  (3) The provisions of section 12(1.2) to (7), (9), (11) and (12) and section 12.1 apply to a committee or a panel as if it were the board, with any necessary changes.
Remuneration of Committee Members
20.   Committee members are equally entitled to be
      (a) remunerated for time spent on business of the college, in the amount approved by the board from time to time, and
      (b) reimbursed by the college for reasonable expenses necessarily incurred in connection with the business of the college.