If you’ve ever wondered what’s actually written in your therapy file, you’re not alone. Many people leave sessions unsure whether they can see their own records, how to ask, or what happens if they disagree with something a clinician has written. The short answer: in Nova Scotia, you have a legal right to access your personal health information, including your therapy records. Accessing therapy records in Nova Scotia is governed primarily by the Personal Health Information Act (PHIA), and understanding how that law works puts you in a much stronger position as a client.
Three things drive this process more than people expect: knowing which law applies to your situation, understanding what your therapist is and isn’t required to share, and knowing exactly how to make a request that gets results. This guide walks through all of it.
What the law actually says about your therapy records in Nova Scotia
Nova Scotia’s Personal Health Information Act, S.N.S. 2010, c. 41 (PHIA), is the primary law protecting your health information in this province. It came into force on June 1, 2013, and it covers how regulated health care professionals collect, use, disclose, retain, and destroy your personal health information. That includes psychotherapy notes, assessment summaries, treatment plans, and session records.
Under PHIA, your therapist is what the law calls a “custodian.” If your therapist works with administrative staff or contractors, those individuals are considered “agents” acting on the custodian’s behalf, and they carry their own defined obligations under the Act. This matters because it means the entire practice, not just the therapist you see, has legal responsibilities around your file.
One thing many clients don’t realize: if your therapy is provided through a private practice that operates as a commercial activity, the federal Personal Information Protection and Electronic Documents Act (PIPEDA) may also apply alongside PHIA. In practice, this means private psychotherapy practices in Nova Scotia can be subject to both provincial and federal privacy obligations. The two laws are largely compatible, but PIPEDA adds an additional layer of accountability, particularly around consent and the right to access information held about you.
The practical takeaway is that your right to see your records isn’t a courtesy your therapist can choose to extend or withhold. It’s a legal right, and the law sets out a clear process for exercising it.
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 find. Therapy files are not transcripts of your sessions. Most contain a combination of intake forms, consent documents, assessment notes, treatment plans, progress notes, and any correspondence related to your care (such as referral letters or communications with other providers).
Progress notes, in particular, often surprise clients. A therapist’s session notes are written for clinical purposes, not for the client to read. They may include shorthand, clinical terminology, or observations that feel clinical or even jarring when read outside the context of a session. A note that reads “client presented with flat affect and minimized distress” is a clinical observation, not a judgment, but it can feel like one if you’re reading it for the first time without context.
Psychotherapy notes vs. general health records
There is an important distinction between general health records and what some jurisdictions call “psychotherapy notes” (sometimes called process notes), which are a therapist’s private reflections written separately from the main clinical record. PHIA does not use the term “psychotherapy notes” explicitly, but the distinction matters in practice. Notes kept separately from the formal clinical record, and used only for the therapist’s own reflection, may be treated differently than the official file. If you’re unsure what’s in your file versus what might be kept separately, it’s worth asking your therapist directly before submitting a formal request.
If you’re working through something like EMDR therapy, your file may also include structured assessment tools, trauma history summaries, and EMDR-specific treatment planning documents. These are part of your clinical record and fall under the same access rights.
How to make a formal request for your therapy records in Nova Scotia
Making a records request doesn’t require a lawyer or a formal complaint. In most cases, a written request to your therapist or their practice is all it takes. Here’s what a reasonable request process looks like in practice.
Start by contacting the practice in writing, either by email or letter. State clearly that you are requesting access to your personal health information under PHIA. Include your full name, date of birth, and the approximate timeframe of your treatment. If you want specific documents (for example, only your intake assessment and treatment plan), say so. If you want everything, say that too.
What happens after you submit your request
Under PHIA, the custodian must respond to your request. The law sets out timelines and procedures for how custodians handle access requests. In practice, most practices will acknowledge your request promptly and either provide the records or explain any limitations on what they can share.
There are limited circumstances under which a custodian may withhold some information, such as when disclosure could reasonably be expected to cause serious harm to you or another person, or when the records contain information about a third party. These exceptions are narrow. A therapist cannot simply decline to share your records because they find the request inconvenient or because the notes are unflattering.
You may be charged a reasonable fee for copying and preparing records. Ask about this upfront so there are no surprises.
Your right to request a correction to your therapy records
Reading your records and finding something you believe is inaccurate is more common than people expect. A client might find that a date is wrong, that a symptom was misattributed, or that a clinical observation doesn’t reflect what actually happened in a session. PHIA gives you the right to do something about it.
Under PHIA, you can request a correction to your personal health information in writing. The custodian must respond to that request in writing within 30 days. This is one of the few areas where the law sets a specific, named deadline, and it’s worth knowing.
There’s an important distinction here, though. You have the right to request a correction, not to demand one. If your therapist believes the original record is accurate, they can decline to make the change. What they must do in that case is note your disagreement in the file, so that anyone who later reads the record knows you disputed it. This is sometimes called a “statement of disagreement,” and it’s a meaningful protection even when the correction itself isn’t made.
A common misconception is that requesting a correction means you’re accusing your therapist of wrongdoing. It doesn’t. Records contain errors for all kinds of mundane reasons: a date transposed, a name misspelled, a symptom noted in the wrong session. Corrections are a normal part of records management, not an adversarial act.
When access gets complicated: limits, exceptions, and edge cases
Most records requests are straightforward. Some aren’t. Knowing where the process can get complicated helps you prepare.
One edge case that comes up more than people expect: records from a therapist you saw years ago, who has since retired, moved, or closed their practice. PHIA still applies, but tracking down who now holds your records can take time. Practices are required to have plans for what happens to records when a practice closes, but those plans aren’t always communicated to clients. If you’re trying to access records from a practice that no longer exists, start by contacting the relevant regulatory college for the profession (for example, the Nova Scotia College of Counselling Therapists for registered counselling therapists) to ask about record retention obligations.
Another edge case: records that include information about other people. If your therapy involved couples sessions or family sessions, the file may contain information about your partner or family members. You have a right to your own information, but the custodian may need to sever (remove) information that relates specifically to another identifiable person before releasing the file to you.
If you’re accessing records for legal purposes, such as a court proceeding or an insurance dispute, the process may involve additional steps. Consider speaking with a lawyer before submitting your request in those circumstances, so you understand how the records may be used and what protections apply.
What to do if your request is denied or ignored
A denial or non-response to a records request is not the end of the road. PHIA includes a complaints and review process, and you have options.
If a custodian refuses your request or doesn’t respond within a reasonable time, you can file a complaint with the Office of the Information and Privacy Commissioner for Nova Scotia. The Commissioner’s office has the authority to review the custodian’s decision and, in some cases, order that access be provided. This process is free to use and doesn’t require a lawyer.
Before going that route, it’s worth trying to resolve the issue directly. Sometimes a denial comes from a misunderstanding about what you’re asking for, or from a practice that isn’t familiar with its obligations under PHIA. A follow-up conversation or a more specific written request can sometimes resolve things without escalation.
If you have general questions about how Wholetherapy handles records requests or what to expect from the process, the FAQ page covers common questions about how the practice operates.
Practical steps for accessing your therapy records in Nova Scotia with confidence
Putting this all together, here’s what a confident, informed records request looks like in practice.
- Put it in writing. Even if your therapist is someone you have a good relationship with, a written request creates a clear record of when you asked and what you asked for.
- Be specific about what you want. “All records related to my treatment from January 2022 to present” is clearer than “my file.” Specificity speeds up the process.
- Ask about fees upfront. Practices can charge reasonable copying fees. Knowing this in advance avoids surprises.
- Ask for context if you need it. If you receive records that contain clinical language you don’t understand, you’re entitled to ask your therapist to explain it. This isn’t a second request; it’s part of your right to understand your own health information.
- Know your correction rights. If something is wrong, you can request a correction in writing. The custodian has 30 days to respond.
- Escalate if needed. If your request is denied or ignored, the Office of the Information and Privacy Commissioner for Nova Scotia is your next step.
If you’re currently a client at Wholetherapy or considering becoming one and have questions about how your records are handled, you’re welcome to contact us directly. Understanding your rights before you start therapy, not just after something goes wrong, is part of being an informed participant in your own care.
Frequently asked questions
Can I access my therapy records in Nova Scotia?
Yes. Under the Personal Health Information Act (PHIA), S.N.S. 2010, c. 41, you have a legal right to request access to your personal health information, which includes your therapy records. Your therapist or their practice is considered a custodian under PHIA and has defined obligations to respond to your request. There are limited exceptions where some information may be withheld, but these are narrow and must be justified. In most cases, a written request to the practice is all that’s needed to start the process.
How do I request my therapy records in Nova Scotia?
Submit a written request to your therapist or their practice, stating that you are requesting access to your personal health information under PHIA. Include your full name, date of birth, and the timeframe of your treatment. Be specific about what you’re looking for, whether that’s your full file or specific documents like your intake assessment or treatment plan. Ask about any fees for copying and preparing records before the request is processed.
Can a therapist in Nova Scotia refuse to give me my records?
A therapist can withhold specific information in limited circumstances, such as when disclosure could cause serious harm to you or another person, or when the records contain identifiable information about a third party. However, they cannot simply refuse because the notes are unflattering or because the request is inconvenient. If your request is denied, you have the right to file a complaint with the Office of the Information and Privacy Commissioner for Nova Scotia, which can review the decision and order access if appropriate.
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. The custodian must respond to your correction request in writing within 30 days. If they decline to make the correction, they must note your disagreement in the file so that anyone who later reads the record is aware of the dispute. Requesting a correction is a normal part of records management and does not imply wrongdoing on anyone’s part.
Does PIPEDA also apply to my therapy records in Nova Scotia?
Yes, in many cases. The federal Personal Information Protection and Electronic Documents Act (PIPEDA) can apply to private psychotherapy practices in Nova Scotia that operate as commercial activities, alongside the provincial PHIA. The two laws are largely compatible, but PIPEDA adds additional obligations around consent and access rights. If you have concerns about how a private practice is handling your information, you can raise them under either law depending on the circumstances.