If you’ve ever wondered what’s actually written in your therapy file, you’re not alone. Accessing your therapy records in Nova Scotia is a legal right, not a favour your therapist grants you, and the rules around it are clearer than most people expect. You can request your records, ask for corrections, and in most cases receive a response within a defined timeframe. What trips people up is not knowing the process, not knowing what the law actually says, and not knowing what to do when a request gets complicated.
What Nova Scotia law actually says about your therapy records
Your therapy records are protected, and your right to see them is protected too. The governing law 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 sets out exactly how regulated health professionals in Nova Scotia must handle your personal health information, including collecting it, storing it, sharing it, and giving you access to it.
PHIA covers what you’d expect: your session notes, assessment results, diagnoses, treatment plans, and any correspondence related to your care. It applies to regulated health care professionals and the organizations they work within. So whether you’re seeing a registered social worker, a psychologist, or a therapist working within a clinic, PHIA almost certainly applies to your records.
There’s also a federal layer. The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to commercial health activities, which includes private psychotherapy practices in Nova Scotia. In practice, PHIA and PIPEDA overlap significantly for most clients, and your therapist’s obligations under both laws point in the same direction: your information belongs to you, and you have the right to access it.
One thing worth knowing: having the right to access your records is not the same as having the right to a free copy. Reasonable fees for reproduction are permitted under PHIA, though they must be disclosed to you in advance.
Who counts as a custodian, and why it matters for your records request
Under PHIA, the person or organization responsible for your records is called a custodian. If your therapist is in private practice, they are the custodian. If they work within a clinic or larger organization, the organization may be the custodian. This distinction matters because it tells you exactly who to direct your request to.
Staff or contractors who work on behalf of a custodian, such as a receptionist who books your appointments or an administrative assistant who manages files, are called agents under PHIA. Agents have defined obligations too, but they act under the authority of the custodian. So if you submit a records request and it’s handled by someone other than your therapist directly, that’s normal and appropriate, as long as the custodian remains accountable for the response.
What if your therapist has retired or closed their practice?
This is an edge case that comes up more often than people expect. If your former therapist has retired, moved, or closed their practice, the obligation to retain and provide access to your records doesn’t simply disappear. Custodians are required to make arrangements for the ongoing management of records when they stop practising. In practice, this might mean records were transferred to another provider, stored with a professional association, or held by an estate. If you’re trying to access records from a therapist who is no longer practising, contacting the relevant regulatory college in Nova Scotia is a reasonable starting point.
How to make a formal request for your therapy records in Nova Scotia
The process is more straightforward than most people anticipate. You don’t need a lawyer. You don’t need to explain why you want your records. You simply need to make a written request to the custodian, which in most cases means your therapist or the clinic where you received care.
Your request should include:
- Your full name and date of birth
- The approximate dates of your treatment
- A description of the records you’re requesting (all records, or specific documents)
- Your preferred format for receiving the records (paper copy, electronic file)
- Your contact information for the response
You don’t need to use any specific form, though some clinics may have one available. A clear, dated letter or email works. Keep a copy for yourself and note the date you sent it.
Once your request is received, the custodian must respond. PHIA sets out that a response to a correction request must come within 30 days in writing. While the statute’s explicit 30-day window is tied to correction requests, the broader expectation under PHIA is that access requests are handled promptly and without unnecessary delay. If you haven’t heard back within a reasonable period, following up in writing is appropriate.
What your therapist can legally withhold, and what they cannot
This is where most people have misconceptions. The common assumption is that therapists can withhold records whenever they feel it might be “harmful” to the client. The reality is more nuanced. PHIA does allow custodians to withhold certain information in specific, defined circumstances, but these are exceptions, not a general discretion to refuse.
Grounds for withholding information typically include situations where disclosure could reasonably be expected to cause serious harm to the client or a third party, or where the records contain information about another identifiable individual who has not consented to disclosure. A therapist cannot simply decide they’d rather you not see your notes and call it a day.
What about psychotherapy notes specifically?
Psychotherapy notes, sometimes called process notes, are a category that generates genuine confusion. These are the informal notes a therapist may keep separately from the formal clinical record, often capturing their own reflections, hypotheses, or session impressions. In some jurisdictions, these notes receive different treatment than the formal record. Under PHIA, the key question is whether the information constitutes personal health information, and if it does, the general access rights apply. If your therapist tells you that your records are entirely inaccessible, that claim deserves scrutiny. You have the right to ask specifically what is being withheld and why.
Requesting a correction to your therapy records in Nova Scotia
Reading your records and finding something you believe is inaccurate or incomplete is more common than people expect. Maybe a date is wrong, a diagnosis is recorded incorrectly, or a summary of what you said in a session doesn’t reflect what you actually said. 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. This is one of the clearest timelines in the legislation, and it applies specifically to correction requests.
A few things to understand about this process:
- The custodian is not required to change their clinical opinion or professional judgment. If a therapist documented that you presented with symptoms of depression, they are not obligated to remove that observation simply because you disagree with it.
- What they are required to correct is factual inaccuracies: wrong dates, wrong names, information that was recorded in error.
- If the custodian refuses your correction request, they must tell you why in writing. You then have the option to attach a statement of disagreement to your record, which must be kept with the file.
The statement of disagreement option is underused and genuinely useful. It means your perspective becomes part of the official record, even if the original entry stays.
Practical realities of accessing records in Nova Scotia, including what can go wrong
Knowing your rights and exercising them smoothly are two different things. A few practical realities are worth naming directly.
First, fees. Custodians can charge a reasonable fee for reproducing records. What counts as “reasonable” isn’t defined with a specific dollar amount in PHIA, but the fee must be disclosed to you before the records are provided. If you’re facing financial hardship, it’s worth asking whether the fee can be reduced or waived. Some clinics will accommodate this.
Second, timelines. If you need your records urgently, for a legal proceeding, an insurance claim, or a referral to a new provider, say so explicitly in your request. Urgency doesn’t override the process, but it may prompt a faster response.
Third, what happens if your request is denied. If a custodian refuses your access request and you believe the refusal is unjustified, you can file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner. This is the oversight body for PHIA, and it has the authority to investigate complaints and make findings. You don’t need to accept a refusal as the final word.
If you have questions about how Wholetherapy handles records requests or what to expect from the process, the FAQ page covers common questions about clinic policies and procedures.
When someone else wants access to your therapy records
Your records are yours. A third party, whether that’s a family member, an employer, an insurance company, or a lawyer, cannot access your therapy records without your consent, with narrow exceptions. Those exceptions include situations where disclosure is required by law (such as a court order) or where there is an immediate risk of serious harm.
Insurance companies sometimes request records as part of a disability or benefits claim. You have the right to know what is being requested and to consent to or refuse that disclosure. Signing a blanket authorization that gives an insurer unlimited access to all your health records is not required, and it’s worth reading any authorization form carefully before signing.
If you’re involved in legal proceedings and your therapy records have been subpoenaed, that’s a situation where getting legal advice is genuinely important. A subpoena is a court order, and it changes the picture significantly. Your therapist will also need to respond appropriately, and they may seek their own legal guidance.
For anyone considering therapy and wondering how their information will be handled from the start, EMDR therapy at Wholetherapy follows the same PHIA obligations as all regulated health services in Nova Scotia. If you’d like to understand how records are managed before your first session, you’re welcome to contact us with your questions.
Frequently asked questions
How do I request my therapy records in Nova Scotia?
Submit a written request directly to your therapist or the clinic where you received care. Your request should include your name, date of birth, the approximate dates of treatment, and a description of what records you’re looking for. You don’t need a specific form or a legal reason to make the request. Keep a copy of your request and note the date you sent it so you have a record of when the clock started.
Can my therapist refuse to give me my therapy records in Nova Scotia?
In most cases, no. Under PHIA, you have a right to access your personal health information. There are narrow exceptions, such as when disclosure could cause serious harm to you or another person, or when the records contain identifiable information about a third party who hasn’t consented. If your therapist refuses your request, they must tell you why in writing, and you have the right to file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner if you believe the refusal is unjustified.
How long does it take to get therapy records in Nova Scotia?
PHIA requires custodians to respond to correction requests within 30 days in writing. For general access requests, the expectation is a prompt response without unnecessary delay, though the legislation doesn’t specify an exact number of days for access requests the way it does for corrections. If you have an urgent need, such as an upcoming legal proceeding or a referral, state that clearly in your request. Following up in writing if you haven’t heard back within a few weeks is reasonable.
Can my therapist charge me for a copy of my therapy records?
Yes, a reasonable fee for reproducing records is permitted under PHIA. The fee must be disclosed to you before the records are provided, so you have the opportunity to decide whether to proceed. What counts as “reasonable” isn’t defined with a specific dollar figure in the legislation, but fees that are clearly excessive can be challenged. If cost is a barrier, it’s worth asking your therapist or clinic whether the fee can be reduced or waived.
What happens to my therapy records if my therapist retires or closes their practice?
Your records don’t simply disappear when a therapist stops practising. Custodians under PHIA are responsible for making arrangements for the ongoing management of records when they leave practice, which may mean transferring records to another provider, storing them securely, or making other arrangements. If you’re trying to access records from a therapist who is no longer practising, contacting the relevant regulatory college in Nova Scotia is a practical first step. They can often point you toward where records were transferred or how to proceed.