Is there a time limit to filing a complaint?
No, there is no time limit, however, the sooner you feel ready to make a complaint the more likely that:
- paperwork needed for the complaint will still be available;
- we can contact people we would like to speak to;
- your memory of what happened is fresh; and
- any other information needed is still available.
No. The law that governs what the ICRC can do does not allow the Committee to award compensation of any kind. Only the courts have that authority.
If you are considering suing a dentist for compensation because of negligence or malpractice, there is a time limit for starting your legal action. Your legal advisor can answer any questions that you might have about your right to sue. Civil claims: suing and being sued | Ontario.ca
The College provides services in both English and French. You are welcome to have someone help you review correspondence to assist you through this process.
Please let us know if accessing support in your preferred language is a barrier for you – our team can provide you with community language resources.
When you file a complaint about a dentist, this may end your dentist-patient relationship, meaning you may need to find a new dentist.
Please contact Ontario Dental Association to assist you with identifying dentists in your area who are taking new patients.
The College does not regulate office staff. If you have concerns about the office staff, please speak with the practice owner for the dental clinic. If you are unable to resolve the issue, you may consider filing a complaint about the practice owner or providing information to the College.
For some complaints, the College offers an alternative dispute resolution (ADR) process. ADR is an opportunity for you and the dentist to reach an agreement to resolve your complaint. The College’s staff will decide if the complaint is appropriate for ADR and discuss this with you. You and the dentist must both agree to participate in ADR to proceed.
Click here for more information about ADR.
The ICRC reviews all investigations. During its review, it uses a risk assessment framework. This assists the Committee in evaluating the degree of risk to patient safety. The purpose of the framework is to ensure consistent, fair, and transparent decision-making. A panel will explain their risk analysis in their written decision and reasons, a copy of which you and the dentist will each receive.
The risk assessment tool allows the panel to measure its level of concern for several clinical and/or practice issues including:
- patient harm
- clinical knowledge & skill
- professional judgment
- communication
- recordkeeping
- billing issues.
For every case, the panel will also consider other factors about the dentist including:
- if insight or willingness to address issues has been demonstrated
- whether the conduct included dishonesty
- any prior conduct decision
- cooperation with the College
- any other mitigating or aggravating factors.
Only the Discipline Committee can make findings of fact or findings of misconduct or incompetence. The ICRC may refer specified allegations to the Discipline CommitteeBoth you and the dentist are sent a copy of the ICRC's decision. College staff are not members of the ICRC and are not involved in the ICRC’s decision-making.
Yes. The appeal process provides additional protection for both the patient and the dentist. At the request of either party, an arms-length provincial board - the Health Professions Appeal and Review Board - may review the ICRC’s decision. HPARB panels do not include any health professionals.
In general, no. Some exceptions allow for portions or summaries of the decisions to be public:
- If the ICRC refers allegations of professional misconduct to the Discipline Committee, that information is available to the public on the College website.
- In addition, if the ICRC requires a dentist to attend for a caution and/or requires a dentist to complete a specified continuing education or remediation program, a notation and summary of that information will also be available on the College’s website. While the decision may contain a public outcome, the patient's name will not be posted.
- If the ICRC asks the dentist to enter an undertaking (an agreement) by which the dentist agrees to do certain things or to not do certain things, a notation and summary of that information will be available on the College’s website. Again, no patient names will be posted.
- Rarely, the ICRC imposes terms, conditions, or limitations on a dentist's ability to practice dentistry. While this information is posted on the College's website, no patient names will be posted.
