Dental Laws Exam Study Questions and Correct
Answers
Constitutional Law
Sets the basic framework within which all other rules must be made
How many documents are there in the Canadian Constitutional documents?
approximately 30
Constitution Act 1867
Retitled form of the British North America Act, which created the Country of Canada.
created the division of powers between Federal and Provincial governments.
Gives jurisdiction - section 91 lays out federal powers, section 92 lays out provincial powers
Constitution Act 1982 - created Canadian Charter of Rights and Freedoms (the Charter)
Says any law that is inconsistent with the constitution is of no force or effect.
- supreme law of Canada
- has fundamental freedoms, democratic rights (Right to vote), mobility rights (province to
province), legal rights, and equality rights
- someone fired based on discrimination could not sue under the Charter
Federal
- Trade and commerce
- Criminal law
- Raising of money by any mode or system of taxation
- Authority to pass anything of Peace Order and Good Government of Canada
- Can legislate over any matter not assigned exclusively to the legislature
,Provincial
- Establishment
- Maintenance and management of hospitals, properties, and civil rights in the province
- All matters a merely local or private nature in the province
- Ability to enforce laws through use of fines, penalties or imprisonment
What does health insurance have to abide to?
Canada Health Act
NS Medical Services Act of 1989
prohibit privatization of medical services, including abortion and liposuction etc.
Under what act is false advertising prohibited?
Competition Add
Bill of Rights
Was a law/statute, that preceded the Constitution Act of 1982 which was supreme law of
Canada
Division of Powers
Constitution divides power between Federal and Provincial/Territorial
Federal Matters
National interest
- trade and commerce
- criminal law
- taxation
- peace
- order
- good government (aka POGG)
,Provincial/territorial Matters
Provincial/territorial interest
- Hospitals
- Properties
- Civil rights
The Charter - Fundamental freedoms and rights
1. Democratic
2. Mobility
3. Legal
4. Equality
5. Language
The Charter
- rights are not absolute
- need government actor/action
- differentiated from Human Rights legislation
Three types of non-constitutional law?
1. Statutes and regulations
2. Common law
3. Civil law
Statutes
Law created by Parliament and by the Legislatures
- prohibitions, benefit schemes, obligations, protections and regulation of a profession or
activity
- each province has its own Humans Rights Code
- general framework
What falls under the Human Rights Code in each province?
, 1. Race
2. Color
3. Religion
4. Sexual orientation
etc
What has to happen for a statute to become law?
bill must be introduced in Parliament or a legislature and is debated in House (and Senate,
federally), plus the majority vote
Examples of statutes created by federal Parliament
1. Criminal Code
2. Income Tax Act
Examples of statutes which are provincial/territorial legislatures
1. Human Rights Act
2. Nova Scotia Dental Act
3. Personal Directives Act
Regulations
Subordinate/ Delegated legislature
- add provision towards the finer details of the statute
- can change more easily but process not as public
- decided by provincial or federal depending on statute
Examples of regulations under the Dental Act
1. Advertising Standards
2. Compulsory Malpractice Insurance
3. Code of Ethics
4. Discipline and Mandatory Continuing Education
Answers
Constitutional Law
Sets the basic framework within which all other rules must be made
How many documents are there in the Canadian Constitutional documents?
approximately 30
Constitution Act 1867
Retitled form of the British North America Act, which created the Country of Canada.
created the division of powers between Federal and Provincial governments.
Gives jurisdiction - section 91 lays out federal powers, section 92 lays out provincial powers
Constitution Act 1982 - created Canadian Charter of Rights and Freedoms (the Charter)
Says any law that is inconsistent with the constitution is of no force or effect.
- supreme law of Canada
- has fundamental freedoms, democratic rights (Right to vote), mobility rights (province to
province), legal rights, and equality rights
- someone fired based on discrimination could not sue under the Charter
Federal
- Trade and commerce
- Criminal law
- Raising of money by any mode or system of taxation
- Authority to pass anything of Peace Order and Good Government of Canada
- Can legislate over any matter not assigned exclusively to the legislature
,Provincial
- Establishment
- Maintenance and management of hospitals, properties, and civil rights in the province
- All matters a merely local or private nature in the province
- Ability to enforce laws through use of fines, penalties or imprisonment
What does health insurance have to abide to?
Canada Health Act
NS Medical Services Act of 1989
prohibit privatization of medical services, including abortion and liposuction etc.
Under what act is false advertising prohibited?
Competition Add
Bill of Rights
Was a law/statute, that preceded the Constitution Act of 1982 which was supreme law of
Canada
Division of Powers
Constitution divides power between Federal and Provincial/Territorial
Federal Matters
National interest
- trade and commerce
- criminal law
- taxation
- peace
- order
- good government (aka POGG)
,Provincial/territorial Matters
Provincial/territorial interest
- Hospitals
- Properties
- Civil rights
The Charter - Fundamental freedoms and rights
1. Democratic
2. Mobility
3. Legal
4. Equality
5. Language
The Charter
- rights are not absolute
- need government actor/action
- differentiated from Human Rights legislation
Three types of non-constitutional law?
1. Statutes and regulations
2. Common law
3. Civil law
Statutes
Law created by Parliament and by the Legislatures
- prohibitions, benefit schemes, obligations, protections and regulation of a profession or
activity
- each province has its own Humans Rights Code
- general framework
What falls under the Human Rights Code in each province?
, 1. Race
2. Color
3. Religion
4. Sexual orientation
etc
What has to happen for a statute to become law?
bill must be introduced in Parliament or a legislature and is debated in House (and Senate,
federally), plus the majority vote
Examples of statutes created by federal Parliament
1. Criminal Code
2. Income Tax Act
Examples of statutes which are provincial/territorial legislatures
1. Human Rights Act
2. Nova Scotia Dental Act
3. Personal Directives Act
Regulations
Subordinate/ Delegated legislature
- add provision towards the finer details of the statute
- can change more easily but process not as public
- decided by provincial or federal depending on statute
Examples of regulations under the Dental Act
1. Advertising Standards
2. Compulsory Malpractice Insurance
3. Code of Ethics
4. Discipline and Mandatory Continuing Education
