If you’ve ever wondered what’s actually written in your therapy file, you’re not alone. Many people leave sessions unsure whether their therapist keeps notes, what those notes say, or whether they’re even allowed to ask. The short answer is yes: you have a legal right to access your own therapy records in Nova Scotia. Accessing your therapy records in Nova Scotia is governed primarily by the Personal Health Information Act (PHIA), which came into force on June 1, 2013, and gives you clear, enforceable rights over your personal health information. What those rights look like in practice, how to actually make a request, and what to do if something in your file is wrong are the things most guides skip over.
What your therapy records actually contain (and why it matters)
Before you request your records, it helps to know what you’re asking for. Therapy files are not transcripts of your sessions. Most therapists keep what are called progress notes, which typically include the date of the session, the topics covered at a broad level, any clinical observations, treatment goals, and notes about risk or safety. Some clinicians also keep process notes, which are more personal, impressionistic jottings meant to help them think through the work. These two types of records are not always the same thing, and they may not both be accessible in the same way.
A common misconception is that your file is a word-for-word account of everything you’ve said. It isn’t. What a therapist writes down is shaped by their clinical training, their documentation style, and what they consider relevant to your care. Two therapists seeing the same client might produce very different-looking files.
Why does this matter? Because when people request their records, they sometimes expect to find something they don’t, or they find clinical language that feels cold or unfamiliar. Knowing what you’re likely to find prepares you to read the file with some context, rather than reacting to shorthand you weren’t expecting.
What is typically included in a therapy file
- Intake forms and consent documents you signed
- Session progress notes
- Treatment plans or goal summaries
- Any correspondence related to your care (referral letters, for example)
- Risk assessments, if completed
The law behind your right to access therapy records in Nova Scotia
Your right to see your therapy records isn’t just a courtesy your therapist can grant or withhold. It’s grounded in law. The Personal Health Information Act, S.N.S. 2010, c. 41 (PHIA) governs how regulated health care professionals and organizations in Nova Scotia collect, use, disclose, retain, and destroy personal health information. Under PHIA, your therapist, if they are a regulated health professional in private practice, is considered a “custodian” of your health information. Their staff or contractors acting on their behalf are considered “agents,” and both carry defined legal obligations toward you.
In addition to PHIA, the federal Personal Information Protection and Electronic Documents Act (PIPEDA) also applies to commercial health activities, which includes private psychotherapy practices in Nova Scotia. In practice, this means your records are protected under two overlapping frameworks, and your right to access them is reinforced at both the provincial and federal level.
One thing people often get wrong: they assume their therapist owns their records and can decide whether to share them. The therapist is the custodian of the records, not the owner of the information itself. The information belongs to you. The custodian holds it on your behalf and has legal obligations about how they manage it.
What PHIA means for private therapy practices
If you see a therapist at a private clinic like Wholetherapy, PHIA applies directly. Your therapist is required to have privacy policies in place, to tell you how your information is used, and to respond to your access requests. If you have questions about how your information is handled, the FAQ page is a good starting point before you make a formal request.
How to make a formal request for your therapy records
Making a request for your records doesn’t require a lawyer or a formal complaint. In most cases, a written request to your therapist or their clinic is all it takes. Here’s what that process typically looks like in a private practice setting in Nova Scotia.
Start by putting your request in writing. An email or a letter works. State clearly that you are requesting access to your personal health information under PHIA. Include your full name, date of birth, and the approximate dates of service you’re asking about. If you want everything in your file, say so. If you only want specific records, like your intake forms or notes from a particular period, be specific.
Your therapist or their clinic is required to respond. While PHIA sets out the framework for access, the response timeline and any associated fees should be outlined in the clinic’s privacy policy, which you should have received when you started treatment. If you’re unsure what to expect, contact us directly to ask before submitting a formal request.
What happens after you submit your request
Once your request is received, the custodian will review what records exist and determine whether any exemptions apply. In most straightforward cases, you’ll receive copies of your records without issue. The custodian may charge a reasonable fee for copying and administrative work, though this should be disclosed to you upfront. If any portion of your records is withheld, you must be told why.
Your right to request a correction to your therapy records
Finding an error in your file is more common than people expect. Maybe your therapist recorded the wrong date for a session, misattributed something you said, or included information that’s factually incorrect. 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.
This is an important right, but it comes with a nuance worth understanding. You can request a correction to factual errors, but you cannot demand that a therapist change their clinical opinion or professional judgment. If your therapist wrote that they observed signs of anxiety during a session and you disagree with that characterization, that’s a clinical interpretation, not a factual error. The distinction matters.
What you can do in that situation is ask that a statement of disagreement be attached to your file. This means your objection becomes part of the record, even if the original note isn’t changed. It’s a less satisfying outcome than having the record corrected, but it’s a meaningful protection.
Consider a scenario where someone’s file incorrectly lists a medication they’ve never taken, carried over from a referral letter. That’s a factual error and a legitimate correction request. Compare that to a situation where someone disagrees with how their therapist described their emotional state. The first is correctable; the second is a matter of professional judgment.
When access to your records might be limited or delayed
Most requests are straightforward, but there are situations where a custodian may limit or delay access. Understanding these exceptions in advance prevents frustration and helps you know when to push back.
A custodian may withhold records if releasing them could reasonably be expected to cause serious harm to the individual or to a third party. This is a high bar, not a general discretion to refuse. A therapist can’t simply decide they’d rather not share their notes. The exemption has to be grounded in a specific, articulable concern.
Records may also be withheld if they contain information about another identifiable person who hasn’t consented to disclosure. For example, if your file includes details about a family member that were shared in a couples session, that portion might be handled differently than your individual records. This is one of the edge cases that most guides don’t address, and it’s worth asking about if you’ve had any joint sessions.
Delays can also happen in smaller practices where the therapist handles their own administration. If your therapist is a solo practitioner, they may need more time to compile records than a larger clinic with dedicated administrative staff. A reasonable delay is not the same as a refusal.
Practical considerations for accessing therapy records in Nova Scotia
Geography and practice size shape how this process actually unfolds in Atlantic Canada. A client in Halifax requesting records from a large multidisciplinary clinic will have a different experience than someone in a rural area working with a solo practitioner who keeps paper files.
If your therapist has retired or closed their practice, your records don’t simply disappear. Custodians have obligations around the retention and transfer of records, and there should be a process for accessing files even after a practice closes. If you’re in this situation and aren’t sure where to start, the Nova Scotia Department of Health and Wellness can provide guidance on PHIA-related concerns.
If you’ve received services that included EMDR therapy, your file may include specific assessment tools or structured protocols used during treatment. These are part of your health record and are subject to the same access rights as any other documentation.
One practical tip: before you make a formal written request, consider having a conversation with your therapist first. In many cases, therapists are willing to review notes with you in session, which gives you the chance to ask questions about what you’re reading in real time. A formal written request is your legal right, but an informal conversation is often faster and more useful.
What to do if your access request is denied or ignored
If your therapist or clinic refuses your request without a valid reason, or simply doesn’t respond, you have options. Ignoring a legitimate access request is not acceptable under PHIA, and there are mechanisms for addressing it.
Your first step is to follow up in writing, referencing your original request and asking for a written explanation of any refusal. This creates a paper trail. If you still don’t receive a satisfactory response, you can file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner (OIPC). The OIPC has authority to investigate complaints related to PHIA and can require custodians to comply.
If your concern involves a regulated professional’s conduct more broadly, you can also contact their regulatory college. For social workers, that’s the Nova Scotia College of Social Workers. For psychologists, it’s the Nova Scotia Board of Examiners in Psychology. These bodies have their own complaint processes that run separately from PHIA.
One honest note: most access disputes don’t reach the complaint stage. In the majority of cases, a clear, written request is enough. The formal complaint process exists as a backstop, not a first resort. If you’re unsure whether your situation warrants a complaint, speaking with a patient advocate or a lawyer familiar with health privacy law in Nova Scotia can help you decide.
Frequently asked questions
Can I access my therapy records in Nova Scotia at any time?
Yes, you have the right to request access to your personal health information at any time under the Personal Health Information Act (PHIA). There is no requirement that you wait until your treatment is finished or that you give a specific reason for your request. Your therapist or clinic is required to respond to your request and, in most cases, provide you with copies of your records. Fees for copying may apply, and these should be disclosed to you before the records are released.
How long does it take to get therapy records in Nova Scotia?
The timeline for receiving your records depends on the size and administrative capacity of the practice. PHIA requires custodians to respond to access requests, and the clinic’s privacy policy should outline their specific timelines. Smaller solo practices may take longer than larger clinics with dedicated administrative staff. If you haven’t received a response within a reasonable period, follow up in writing and reference your original request date.
Can my therapist refuse to give me my therapy records?
A therapist can withhold records in limited circumstances, such as when releasing them could cause serious harm to you or to another identifiable person. However, this is a high legal bar and not a general discretion to refuse. If any portion of your records is withheld, you must be told why. If you believe a refusal is unjustified, you can file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner.
What if there is 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. Corrections apply to factual errors, not to a therapist’s clinical opinions or professional judgments. If your correction request is denied, you can ask that a statement of disagreement be attached to your file, which becomes part of the permanent record. This ensures your objection is documented even if the original note remains unchanged.
Do my therapy records follow me if I switch therapists or move to a new clinic?
Your records don’t automatically transfer when you change therapists. You would need to provide written consent for your records to be shared with a new provider. You can request a copy of your records from your previous therapist and provide them to your new one yourself, or you can authorize the two practices to communicate directly. If your previous therapist has retired or closed their practice, there should still be a process for accessing your file, and the Nova Scotia Department of Health and Wellness can provide guidance if you’re unsure where to start.