You have the right to see your own therapy records in Nova Scotia, and most people don’t know that. Accessing your therapy records in Nova Scotia is a legal right protected under provincial law, not a favour your therapist grants you. The short answer: you can request your records in writing, your therapist must respond within 30 days, and there are only narrow circumstances where access can be limited. What most guides skip is the practical side: what records actually contain, what happens when your therapist pushes back, and what to do if you think something in your file is wrong. Those are the things worth understanding before you make a request.
What Nova Scotia law actually says about your therapy records
The legal foundation for your right to access therapy records in Nova Scotia is the Personal Health Information Act, S.N.S. 2010, c. 41, known as PHIA. It came into force on June 1, 2013, and it governs how regulated health professionals collect, use, disclose, retain, and destroy your personal health information. That includes psychotherapy records kept by regulated clinicians in private practice.
Under PHIA, your therapist is considered a “custodian” of your health information. Any staff or contractors working on their behalf are “agents” with their own defined obligations. This matters because it means the duty to protect and provide access to your records doesn’t disappear if your therapist has a receptionist handling files or uses a third-party billing service.
A common misconception is that therapy notes are somehow separate from your health record and therefore off-limits. They are not. Session notes, intake forms, assessment summaries, and correspondence related to your care are all personal health information under PHIA. The law also applies to federal commercial health activities through PIPEDA, the federal Personal Information Protection and Electronic Documents Act, which can overlap with PHIA for private psychotherapy practices in Nova Scotia.
If you have questions about how these laws apply to a specific situation, the FAQ page at Wholetherapy covers common questions about records and privacy.
What your therapy records actually contain (and what might surprise you)
Before you request your records, it helps to know what you’re likely to receive. Therapy records are not a transcript of your sessions. They are a clinical document, and reading them can feel strange if you’re not prepared.
Typical contents of a therapy file
- Intake forms and consent documents you signed at the start of treatment
- Session notes, which may be brief progress notes or more detailed process notes depending on the clinician’s practice
- Assessment summaries or screening tool results (such as a PHQ-9 depression screen)
- Treatment plans or goal-setting documents
- Correspondence with other providers, such as a referral letter from your family doctor
- Any release-of-information forms you signed
What surprises many people is the clinical language. A therapist might note “client presented with flat affect” or “reported passive suicidal ideation, no plan or intent.” These phrases are clinical shorthand, not judgments. Reading them without context can feel jarring. Some clients find it useful to ask their therapist to walk through the records with them rather than reading alone, particularly if the file covers a difficult period of treatment.
One edge case worth knowing: if your therapist uses separate “psychotherapy notes” (sometimes called process notes) kept solely for their own use and not shared with other providers, those may be treated differently under some frameworks. Ask specifically whether your file includes any notes of that kind.
How to request access to your therapy records in Nova Scotia
The process is more straightforward than most people expect. You do not need a lawyer. You do not need to explain why you want your records.
Step-by-step request process
- Put it in writing. A written request is the clearest way to create a paper trail. An email to the clinic is sufficient in most cases. State your full name, date of birth, the approximate dates of treatment, and what you are requesting (all records, or a specific portion).
- Send it to the right person. Address your request to the custodian, which is typically the therapist or the clinic director. If you’re unsure, contact us directly and we can clarify how requests are handled at Wholetherapy.
- Expect a response within 30 days. Under PHIA, the custodian must respond in writing within 30 days of receiving your request. They may ask clarifying questions, but the clock starts when they receive your written request.
- Know that a fee may apply. Custodians can charge a reasonable fee for producing records, typically the cost of photocopying or administrative time. Ask about fees upfront.
A concrete example: a client preparing for a family court proceeding requested their full therapy file to share with their lawyer. The clinic responded within two weeks, provided a printed copy of all session notes and intake documents, and charged a small administrative fee. The process required no legal intervention.
When a therapist can limit or delay your access
Access to your records is a right, but it is not absolute. PHIA allows custodians to limit access in specific, narrow circumstances. Understanding these exceptions prevents frustration if your request comes back incomplete.
A therapist may withhold part of your records if providing them would likely cause serious harm to your physical or mental health, or if the records contain information about a third party who has not consented to disclosure. The key word is “likely” and “serious.” A therapist cannot refuse access simply because they think you might find the notes upsetting.
Another scenario: if your records contain information about another person (for example, a couples therapy file that includes detailed disclosures from your partner), the therapist may need to sever or redact that portion before releasing the file to you. This is not a refusal; it is a privacy protection for the other person.
If your request is denied or partially denied, the custodian must tell you in writing why access was refused and what portion was withheld. You then have the right to complain to the Nova Scotia Office of the Information and Privacy Commissioner. That office has authority to review the decision. Do not accept a verbal refusal without a written explanation.
Wholetherapy’s approach to records requests follows PHIA requirements. If you have concerns about a specific situation, the FAQ page addresses common records questions.
Your right to correct information in your therapy records
Seeing your records and finding an error is more common than people expect. A therapist might have recorded the wrong date for a session, misheard a detail you shared, or written something that feels clinically inaccurate. You have a right to request a correction.
Under PHIA, you can request a correction to your personal health information in writing. The custodian must respond in writing within 30 days. If they agree the information is inaccurate, they must correct it. If they disagree, they must note your request for correction in the file, even if they don’t change the original entry.
This is an important distinction. A correction request is not the same as asking your therapist to delete something you dislike. If a therapist documented that you reported a symptom and you did report it, that entry is accurate even if you wish it weren’t there. The correction right applies to factual errors, not clinical interpretations you disagree with.
If you believe a clinical interpretation is wrong, the appropriate step is to discuss it with your therapist directly. Many clinicians will add a note to the file reflecting your perspective, even without formally amending the original entry. That kind of collaborative approach to the record is consistent with trauma-informed care, which is central to how services like EMDR therapy are delivered at Wholetherapy.
Practical considerations specific to Nova Scotia and Atlantic Canada
Geography matters more than most people realize when it comes to accessing records. If you received therapy through a community mental health centre, a hospital outpatient program, or a private clinic, the process and the custodian may differ.
For clients who saw a therapist through the Nova Scotia Health Authority, the records request process goes through the health authority’s health information management department, not the individual therapist. The therapist is an agent of the organization, not the custodian in that context. This is a meaningful difference: your request goes to a different office, and the response process may take longer.
For clients of private practices, the therapist themselves is the custodian. This typically means a faster, more direct process. A small private clinic in Dartmouth operates differently from a large hospital system, and that usually works in your favour when requesting records.
One logistical edge case: if your former therapist has retired, moved, or closed their practice, your records still exist and you still have rights to them. Custodians are required to make arrangements for records retention and transfer when a practice closes. If you cannot locate a former therapist, the Nova Scotia College of Counselling Therapists or the relevant regulatory college may be able to assist you in tracing where records were transferred.
Red flags and honest limits: when the process gets complicated
Most records requests in Nova Scotia go smoothly. But some situations are genuinely complicated, and it’s worth being honest about them.
If you are requesting records in the context of a legal dispute, such as a personal injury claim, a custody proceeding, or a complaint against a therapist, the process becomes more sensitive. Your therapist may consult their professional liability insurer or regulatory college before responding. This is not obstruction; it is prudent practice. Expect the process to take longer and consider involving a lawyer if the records are central to a legal matter.
If you are requesting records on behalf of someone else, such as a deceased family member or a minor child, the rules are more complex. PHIA has specific provisions for substitute decision-makers and estate representatives. A general records request guide cannot fully cover these situations. Seek legal advice or contact the Office of the Information and Privacy Commissioner directly.
One honest limit: accessing your records does not always feel like closure. Some clients request their files hoping to make sense of a difficult treatment experience, and what they find raises more questions than it answers. If that’s a possibility for you, consider whether reading the records with a current therapist present might be more useful than reading alone.
Frequently asked questions
Can I access my therapy records in Nova Scotia without giving a reason?
Yes. Under PHIA, you do not need to explain why you want your records. Your right of access exists regardless of your reason. You simply need to submit a written request to the custodian, which is typically your therapist or the clinic. The custodian must respond within 30 days.
How long does it take to get therapy records in Nova Scotia?
Under PHIA, the custodian has 30 days to respond to a written access request. In practice, many private clinics respond faster than that, often within one to two weeks. If your records are held by a large health authority rather than a private practice, the process may take closer to the full 30 days. If you haven’t received a response after 30 days, you have the right to complain to the Nova Scotia Office of the Information and Privacy Commissioner.
Can my therapist refuse to give me my therapy records in Nova Scotia?
A therapist can limit access in narrow circumstances, such as when providing the records would likely cause serious harm to your health, or when the file contains third-party information that cannot be disclosed. A therapist cannot refuse simply because they think you’ll find the notes upsetting or because the records contain unflattering clinical observations. Any refusal must be provided in writing with an explanation, and you have the right to challenge it.
Can I request a correction to my therapy records in Nova Scotia?
Yes. PHIA gives you the right to request a correction to your personal health information in writing. The custodian must respond within 30 days. If they agree the information is inaccurate, they must correct it. If they disagree, they must note your correction request in the file. This right applies to factual errors, not to clinical interpretations you disagree with.
What happens to my therapy records if my therapist retires or closes their practice?
Your records do not disappear when a therapist retires or a clinic closes. Custodians are required under PHIA to make arrangements for the retention and transfer of records when a practice ends. If you cannot locate a former therapist, contact the relevant regulatory college in Nova Scotia, such as the Nova Scotia College of Counselling Therapists, for guidance on where records may have been transferred. Your access rights remain intact regardless of the practice’s status.