Miscellaneous
 5. (1) In this section, “community health centre” means a corporation incorporated without share capital under the Corporations Act, that satisfies the following conditions: 1. The corporation has objects, charitable in nature, permitting the development and maintenance of a community health centre to provide health and dental services. 2. The corporation’s letters patent provide that the corporation shall be carried on without the purpose of gain for its members and any profits or other accretions to the corporation shall be used in promoting its objects. 3. The corporation operates a community health centre that provides health services under an arrangement with the Minister of Health under which the corporation receives funding; “related corporation” means a corporation wholly or substantially owned or controlled by the member or a related person of the member; “related person” means any person connected with the member by blood relationship, marriage, common-law or adoption, and, (a) persons are connected by blood relationship if one is the child or other descendant of the other or one is the brother or sister of the other, (b) persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other, (c) persons are connected by common-law if the persons have for a period of not less than three years cohabited in a relationship of some permanence, and (d) persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is connected by blood relationship, except as a brother or sister, to the other.  O. Reg. 853/93, s. 5 (1). (2) A member shall not engage in the practice of dentistry where the member has a conflict of interest.  O. Reg. 853/93, s. 5 (2). (3) A member has a conflict of interest where the member or a related person or a related corporation has an arrangement or relationship with a person where a reasonable person could conclude that the exercise of the member’s professional expertise or judgment is or may be influenced by the member’s personal financial interest.  O. Reg. 853/93, s. 5 (3). (4) Without limiting the generality of subsections (2) and (3), a member has a conflict of interest where the member or a related person or a related corporation, directly or indirectly, (a) enters into any arrangement respecting a lease or use of premises or equipment, under which any amount payable by or to a member or a related person or related corporation is related to the amount of fees charged by the member; (b) accepts a rebate, credit or other benefit by reason of the member referring a patient to any other person; (c) offers, makes or confers a rebate, credit or other benefit to a person by reason of the referral of a patient to the member; (d) offers, makes or confers a rebate, credit or other benefit to a patient other than, (i) an adjustment in the fee or amount that would otherwise be charged by the member with regard to that patient, or (ii) the provision to a patient, at no charge, of drugs, dental appliances, dental materials, dental equipment or supplies of a nominal value to be used in maintaining or promoting well-being or oral health; (e) accepts, makes or confers a rebate, credit or other benefit in respect of drugs and dental appliances, including those intended to be dispensed to patients; (f) sells or supplies a drug to a patient at a profit; (g) enters into an agreement or arrangement or causes another member to enter into an agreement or arrangement that prevents or would reasonably be regarded as having the effect of preventing the member from properly exercising his or her professional judgment and skill in respect of the treatment or referral of a patient; (h) engages in any form of fee or income sharing with any person other than, (i) an associated member or a member who is the member’s partner, (ii) a member of the College of Dental Hygienists of Ontario who engages in the practice of dental hygiene within the member’s dental practice; or (i) engages in the practice of dentistry by employment, association, partnership or otherwise with any person or corporation other than, (i) a member who is engaged in the practice of dentistry, or (ii) as an employee or agent of a municipal or other government, an agency of a municipal or other government, a community health centre, university or hospital, provided that the municipal or other government, agency of the municipal or other government, community health centre, university or hospital takes all reasonable steps including co-operating with the College to ensure that the practice of dentistry engaged in by its employees or agent complies with the Act, the Regulated Health Professions Act, 1991 and the regulations under those Acts.  O. Reg. 853/93, s. 5 (4). (5) It is not a conflict of interest if the member discloses his or her financial interest to the patient in advance of providing the service that gives rise to the conflict and the member maintains the standards of practice of the profession relating to the service.  O. Reg. 853/93, s. 5 (5).