If you’ve ever wondered what’s actually written in your therapy file, you’re not alone. Many people assume their records belong to the therapist, or that asking to see them would be awkward or even forbidden. The truth is simpler: accessing therapy records in Nova Scotia is a legal right, not a favour. Nova Scotia’s Personal Health Information Act (PHIA) gives you the right to request your own health information from any regulated health professional, including psychotherapists. What that process looks like in practice, what can be withheld and why, and how to handle disagreements about your records are the things most guides skip over.
What Nova Scotia law actually says about your therapy records
Your right to see your therapy records isn’t a matter of clinic policy. It comes from the Personal Health Information Act, S.N.S. 2010, c. 41, which came into force on June 1, 2013. PHIA governs how regulated health care professionals and organizations in Nova Scotia collect, use, disclose, retain, and destroy personal health information. That includes session notes, intake forms, assessment summaries, and any correspondence related to your care.
Under PHIA, your therapist is considered a “custodian” of your health information. Their administrative staff or contractors who handle your file are called “agents,” and both carry defined legal obligations about how your information is managed. This matters because it means the rules apply to the whole practice, not just the clinician in the room with you.
A common misconception is that therapy notes are somehow exempt because they’re “personal” to the therapist. They aren’t. Clinical notes about your care are your health information. The therapist holds them, but they belong to you in the sense that you have a legal right to access them. The distinction between ownership of the physical record and the right to access the information in it trips people up, but PHIA is clear on this point.
Federal law also applies here. PIPEDA (the Personal Information Protection and Electronic Documents Act) covers commercial health activities, including private psychotherapy practices in Nova Scotia. So private clinics are accountable under both provincial and federal frameworks.
How to make a formal request to access your therapy records in Nova Scotia
Requesting your records doesn’t require a lawyer or a formal complaint. Most of the time, a written request to your therapist or their clinic is enough to start the process. “Written” can mean email, a letter, or a completed request form if the clinic has one. The key is that your request is documented, not verbal.
What to include in your access request
- Your full name and date of birth
- The specific records you’re requesting (all session notes, a particular date range, intake documents, etc.)
- Your preferred format for receiving the records (paper copy, secure email, etc.)
- Your contact information for the response
Being specific helps. A request for “everything in my file” is valid, but if you only need records from a particular period, say so. It speeds up the process and reduces the chance of receiving a large volume of material you don’t need.
What happens after you submit your request
The clinic is required to respond. PHIA sets out obligations for custodians to handle access requests in good faith. While the Act specifies a 30-day response window for correction requests, access requests are similarly expected to be handled in a timely manner. If you haven’t heard back within 30 days of submitting a written request, follow up in writing and keep a copy of that follow-up.
There may be a reasonable fee for copying and preparing records. Clinics are permitted to charge for this, but the fee should be disclosed to you before the records are sent.
What your therapist can legally withhold from your records
This is where things get more nuanced, and where many guides stop being useful. Not every word in your file is automatically available to you. PHIA allows custodians to withhold certain information in specific circumstances.
The most common situation involves third-party information. If your file contains notes about another person, such as a family member mentioned during couples therapy or a collateral contact, that person’s information may be severed from the records before you receive them. You get your information; they keep theirs.
A less obvious situation: some therapists keep what are sometimes called “psychotherapy notes” or personal working notes, separate from the formal clinical record. These are notes a clinician writes for their own reflective use, not as part of the official file. Whether these fall under PHIA access rights can depend on how they’re classified and stored. If you believe notes exist that you haven’t received, it’s reasonable to ask your therapist directly how they document sessions and what records they maintain.
Withholding is not the same as refusing. If a custodian withholds part of your record, they should tell you that something has been withheld and give you a general reason, even if they can’t share the specific content. A flat refusal with no explanation is a different matter and may warrant a complaint to the Office of the Information and Privacy Commissioner for Nova Scotia.
Requesting a correction to your therapy records
Reading your records and finding something you believe is inaccurate is more common than people expect. A therapist might have recorded a date wrong, misattributed a statement, or summarized something in a way that feels incomplete or misleading. You have the right to request a correction.
Under PHIA, you can request a correction to your personal health information in writing, and the custodian must respond in writing within 30 days. That 30-day window is a hard requirement, not a suggestion.
Here’s the honest part: your therapist doesn’t have to make the correction just because you asked. If they believe the record is accurate, they can decline. What they must do in that case is note your disagreement in the file. That notation becomes part of your permanent record, so anyone who later accesses your file will see that you disputed a particular entry. It’s not a perfect resolution, but it’s not nothing either.
The distinction between a factual error and a clinical interpretation matters here. If your therapist wrote that you reported sleeping four hours a night and you actually said six, that’s a factual error worth correcting. If they wrote that you appeared dysregulated during a session and you disagree with that characterization, that’s a clinical judgment call, and the correction process works differently. Therapists are generally more willing to correct clear factual errors than to revise their clinical observations.
Practical considerations for Nova Scotia clients at private clinics
Private psychotherapy practices in Nova Scotia, including trauma-focused clinics offering services like EMDR therapy, operate under both PHIA and PIPEDA. That dual accountability means clients at private clinics have access rights under two frameworks, which can actually work in your favour if one avenue doesn’t produce results.
Geography matters in Atlantic Canada. If you’ve received therapy via telehealth from a Nova Scotia-based therapist while living in a rural area, your records are still governed by Nova Scotia law because the custodian is based here. The location of the client during the session doesn’t change which province’s rules apply to the record-keeping.
Accessing records after a therapist leaves a practice
This is an edge case most guides ignore. If your therapist has left the clinic where you were seen, your records don’t disappear. The clinic itself, as a custodian, retains the records and your access rights remain intact. If the therapist was in solo private practice and has retired or closed their practice, they are required under PHIA to have made arrangements for the retention and transfer of records. Contact the clinic or the therapist’s professional college if you’re having difficulty locating records from a former provider.
If you have questions about how a specific clinic handles records, their privacy policy, or what to expect before your first appointment, the FAQ page at Wholetherapy covers common questions about how the practice operates.
When something goes wrong: filing a complaint in Nova Scotia
Most access requests are handled without incident. But if a clinic refuses to provide your records without a valid reason, fails to respond within a reasonable time, or charges an unreasonable fee, you have options beyond asking again.
The Office of the Information and Privacy Commissioner for Nova Scotia (OIPC) oversees compliance with PHIA. You can file a complaint with the OIPC if you believe your rights under the Act have been violated. The process is free, and you don’t need a lawyer to initiate it.
Before filing a formal complaint, it’s worth sending one more written request to the clinic, clearly stating that you are aware of your rights under PHIA and that you intend to contact the OIPC if the matter isn’t resolved. This step isn’t required, but it often resolves the issue without escalation. Clinics that understand the law generally don’t want a complaint on record.
If your concern involves a federally regulated aspect of the practice, such as how a private clinic handles electronic records under PIPEDA, the Office of the Privacy Commissioner of Canada handles those complaints separately.
One thing to be clear about: filing a complaint with a privacy commissioner is not the same as filing a complaint against a therapist’s professional conduct. If you believe your therapist behaved unethically, that complaint goes to their professional regulatory body, not the OIPC. The two processes address different things.
How to take the next step if you need your records or have questions
If you’re trying to access records from a current or former therapist, start with a written request to the clinic. Keep it simple, keep a copy, and note the date you sent it. If you’re a current client at Wholetherapy and have questions about your file or how records are managed, the most direct path is to raise it with your therapist or contact us through the clinic directly.
If you’re considering starting therapy and want to understand your rights before your first session, that’s a reasonable thing to ask about during an initial consultation. A good therapist won’t find the question uncomfortable. Knowing how your information is handled, who can see it, and what your access rights are is part of making an informed decision about your care.
For people who’ve had difficult experiences with previous providers and are cautious about starting again, understanding the legal framework around records can be part of rebuilding trust in the process. Therapy works better when you feel like an informed participant, not a passive subject. Questions about records, privacy, and your rights are welcome ones.
Frequently asked questions
Can I access my therapy records in Nova Scotia?
Yes. Nova Scotia’s Personal Health Information Act (PHIA), S.N.S. 2010, c. 41, gives you the right to access your personal health information held by regulated health professionals, including therapists. This applies to private clinics as well as publicly funded services. Your therapist holds the physical record, but you have a legal right to access the information in it. Submit a written request to the clinic to begin the process.
How long does it take to get therapy records in Nova Scotia?
There is no single legislated deadline for access requests under PHIA, but custodians are expected to respond in a timely manner, and the standard used for correction requests is 30 days. In practice, most clinics aim to respond within 30 days of receiving a written request. If you haven’t received a response or an acknowledgment within that window, follow up in writing and keep a record of your follow-up. Delays beyond 30 days without explanation may be grounds for a complaint to the OIPC.
Can my therapist refuse to give me my records?
A therapist can withhold specific portions of your records in limited circumstances, such as when the records contain information about a third party. However, a flat refusal to provide any access is not permitted under PHIA without a valid legal reason. If your request is refused, the custodian should tell you that something has been withheld and give you a general reason. If you believe the refusal is unjustified, you can file a complaint with the Office of the Information and Privacy Commissioner for Nova Scotia.
What if I find an error in my therapy records in Nova Scotia?
Under PHIA, you have the right to request a correction to your personal health information in writing, and the custodian must respond in writing within 30 days. If the therapist agrees the information is inaccurate, they must correct it. If they disagree, they are required to note your disagreement in the file so that anyone who later accesses the record can see that you disputed the entry. Factual errors are generally easier to correct than clinical interpretations.
Do my rights to access therapy records change if I saw a therapist via telehealth?
No. If your therapist is based in Nova Scotia, your records are governed by Nova Scotia’s PHIA regardless of where you were physically located during the sessions. Telehealth doesn’t change the custodian’s obligations or your access rights. The same written request process applies, and the same timelines and protections are in place. If you’re unsure which province’s rules apply in a cross-provincial situation, it’s worth asking the clinic directly or consulting the OIPC.