Judicial Review of Toronto's
Dental P2 Plan

City of Toronto Will Not Prosecute

College Commences Judicial Review Proceedings of City of Toronto’s Dental Sector Pollution Prevention Plan and Summary

On December 21, 2001, the City of Toronto’s solicitor wrote to the College to confirm that it will not prosecute dentists who do not complete specific sections of the Dental Pollution Prevention Plan and Dental Pollution Prevention Plan Summary. The pertinent sections of the letter are reprinted below.

The College has retained legal counsel to commence judicial review proceedings in relation to the Dental Pollution Prevention Plan and Dental Pollution Prevention Plan Summary that is included in the City of Toronto’s sewer by-law. The sewer by-law requires certain industries, and dental offices, to prepare pollution prevention plans and to submit a pollution prevention plan summary for approval by the city’s Commissioner of Works and Emergency Services.

The College believes that certain activities outlined in the Dental P2 plan and its summary directly affect the dentist-patient relationship, and the clinical practice of dentistry including treatment options for restorative materials.

The College also believes that the City, in approving the Dental P2 plan and its summary, has infringed on the College’s statutory authority to establish, maintain and enforce practice standards for the dental profession.

If you have any questions about this issue, contact the College Registrar Irwin Fefergrad at 416-934-5625, toll-free at 1-800-565-4591, or
by e-mail at ifefergrad@rcdso.org.

City of Toronto Letter Re: Judicial Review Application

Municipal code Chapter 681 (Sewer Use By-law No. 457-2000) and the Dental P2 Plan Summary designated hereunder, do not require dentists and other dental professionals to complete items four through six, being:

Item 4: Brochures/posters displayed re alternative to amalgam;
Item 5: Discuss alternatives to amalgam (% of patients having procedure) - Hg;
Item 6: Use alternative to amalgam (5 of patients having procedure) - Hg.

or to complete any other non-bolded item on the spreadsheet entitled "Pollution Prevention Plan Summary - Dental Offices" and attached to the Dental P2 Plan Summary (the "Spreadsheet"). Accordingly, we confirm that the City of Toronto will not prosecute dentists and other dental professionals if they do not complete the non-bolded items on the Spreadsheet including, but not limited to, items four through six.

The electronic version of the Dental P2 Plan form contains a drop down box next to each item in paragraph 9, entitled "Description of Pollution Prevention Options Required by Municipal Code Chapter 681-5(2)(f)." Each drop down box calls for dentists to state "yes", "no", or "N/A." We confirm that the City of Toronto will not prosecute dentists who do not complete the drop down box next to the sub-paragraph headed: Patient Awareness" at page 5 of the Dental P2 Plan form, or who delete the sub-paragraph on a paper copy of the Dental P2 Plan which they submit to the City of Toronto, pending judicial adjudication of the Royal College of Dental Surgeons of Ontario’s application for judicial review. This undertaking is given on the understanding that the Royal College of Dental Surgeons judicial application can be heard by the Court within a reasonable time, and may be terminated on the City of Toronto providing the Royal College of Dental Surgeons of one month’s written notice.