If something in your therapy file doesn’t look right, you have the legal right to ask for it to be corrected. That’s not a courtesy your therapist can choose to extend or withhold. In Nova Scotia, requesting a correction to your clinical records is a formal process protected under provincial health privacy law, and knowing how it works puts you in a much stronger position than simply hoping your therapist remembers what you actually said. This guide walks through exactly what that process looks like: what counts as correctable, how to put your request in writing, what happens if your therapist disagrees, and what to do when the process stalls.
Why clinical records matter more than most clients realize
Most people leave a therapy session without giving their file a second thought. That’s understandable. You came in to talk about something hard, not to audit paperwork. But your clinical records follow you in ways that matter: they inform referrals to other providers, support insurance claims, and can be requested in legal proceedings. A single inaccurate entry, say, a misrecorded diagnosis, a date that’s wrong, or a summary that misrepresents what you said, can create real problems down the line.
Consider someone preparing for a family court appearance who discovers their therapy notes describe them as “resistant to treatment” when they had actually been attending every session and actively engaging. That kind of error isn’t just frustrating. It could affect how a judge or assessor interprets their mental health history. Or think about a client whose insurance claim is denied because their file lists a condition they were never actually diagnosed with. These aren’t hypothetical edge cases. They’re the kinds of situations where an uncorrected record causes concrete harm.
The good news is that you don’t have to accept inaccurate information sitting in your file. Nova Scotia law gives you a clear mechanism to challenge it, and understanding that mechanism is the first step.
What Nova Scotia law says about correcting clinical records
Nova Scotia’s health privacy legislation is called the Personal Health Information Act, or PHIA (S.N.S. 2010, c. 41), which came into force on June 1, 2013. Under PHIA, clients have the right to request a correction to their personal health information in writing, and the custodian, meaning your therapist or their clinic, must respond in writing within 30 days.
Your therapist, if they are a regulated health professional in private practice, is considered a “custodian” under PHIA. Their staff or contractors who handle your records are considered “agents,” and both have defined obligations under the law. PHIA governs how custodians collect, use, disclose, retain, and destroy personal health information, and the correction right sits squarely within that framework.
It’s also worth knowing that the federal Personal Information Protection and Electronic Documents Act, known as PIPEDA, can apply to private psychotherapy practices in Nova Scotia as a commercial health activity. In practice, PHIA is the primary law you’ll be working with, but PIPEDA provides an additional layer of federal protection if a complaint ever needs to escalate beyond the provincial level.
What this means practically: your request isn’t a favour you’re asking. It’s a right you’re exercising. Your therapist is legally obligated to take it seriously and respond within a defined timeframe.
What you can and cannot ask to have corrected
This is where a lot of people get tripped up. There’s a meaningful difference between information that is factually wrong and information that reflects your therapist’s clinical opinion. Both can appear in the same record, but they’re treated differently under the law.
Factual errors in clinical records
Factual errors are the clearest cases for correction. These include things like:
- A wrong date of birth or contact information
- A session date recorded incorrectly
- A medication listed that you were never prescribed
- A diagnosis entered that was never communicated to you or formally made
- A direct misquote of something you said
These are errors of fact, and PHIA’s correction mechanism is designed precisely for them.
Clinical opinions and professional judgements
Clinical opinions are different. If your therapist wrote that you “appeared guarded during the session” and you disagree with that characterization, that’s their professional observation, not a factual error. You can’t compel them to delete it. What you can do, if your therapist declines to make a correction, is request that a statement of disagreement be attached to your record. This means your perspective becomes part of the file even if the original entry stays. It’s not a perfect solution, but it ensures the record isn’t one-sided.
How to write a formal correction request
Your request needs to be in writing. A verbal conversation in session doesn’t satisfy the legal requirement and doesn’t start the 30-day clock. An email works. A letter works. A completed form, if your clinic has one, works. What matters is that it’s documented.
Your written request should include:
- Your full name and date of birth
- The specific record or entry you believe is inaccurate
- A clear description of what is wrong and why
- What you are asking to have changed, added, or removed
- Any supporting information you can provide (for example, a letter from another provider confirming a different diagnosis)
Keep your language factual and specific. “The session note from March 14 states I missed two consecutive appointments without notice. I attended both sessions and have calendar records showing this” is far more effective than “I feel like my file doesn’t represent me accurately.” The more concrete your request, the easier it is for your therapist to act on it and the harder it is to dismiss.
Send your request in a way that creates a record: email with a read receipt, or a letter sent by registered mail. Keep a copy for yourself.
What happens after you submit your request
Once your therapist or clinic receives your written request, the 30-day response window under PHIA begins. Within that window, one of three things will happen.
First, your therapist may agree with your request and make the correction. They should notify you in writing that the change has been made. If your information was previously shared with another provider, they are also required to notify that provider of the correction where reasonably possible.
Second, your therapist may partially agree. They might correct some elements of the record but decline to change others. In that case, they should explain in writing which parts they’re declining to change and why.
Third, your therapist may decline the request entirely. This is most common when the disputed entry reflects clinical judgement rather than factual error. If they decline, you have the right to submit a statement of disagreement, which must be attached to your record going forward.
If 30 days pass with no response, that’s not a dead end. It’s a basis for escalating to the Office of the Information and Privacy Commissioner for Nova Scotia, which oversees PHIA compliance. You can also reach out to your therapist’s regulatory college if you believe the non-response reflects a broader professional conduct issue.
Practical considerations specific to Nova Scotia and Atlantic Canada
Nova Scotia’s health privacy framework is relatively clear compared to some other provinces, but there are a few local realities worth knowing about.
Many private therapy practices in Nova Scotia are small, sometimes a single clinician working independently. There’s no records department to route your request to. Your correction request goes directly to your therapist, which can feel awkward, especially if you’re still in an active therapeutic relationship. That discomfort is real, and it’s worth naming. You might worry that raising a records issue will change the dynamic in the room. Some clients choose to wait until a course of treatment is complete before making a formal request. Others address it directly and find that a good therapist takes it professionally.
If you’re unsure about your rights or want to understand the process before reaching out to your clinic, Wholetherapy’s FAQ covers common questions about how records are handled. You can also contact us directly if you have questions about your file.
One geographic edge case: if you’ve seen therapists in multiple Atlantic provinces, each province has its own health privacy legislation. A correction request made under Nova Scotia’s PHIA applies only to records held by Nova Scotia custodians. Records held by a New Brunswick or PEI provider would fall under that province’s applicable law.
When the process doesn’t go smoothly
Most correction requests, when they’re clearly written and factually grounded, get resolved without much friction. But not all of them do. Here’s where things can go sideways and what to do about it.
Your therapist may not respond within 30 days. This is a PHIA violation. Document the date you submitted your request and the date the window expired, then file a complaint with the Office of the Information and Privacy Commissioner for Nova Scotia. You don’t need a lawyer to do this.
Your therapist may agree verbally but never follow through in writing. Verbal agreement doesn’t satisfy the legal requirement. Follow up in writing, referencing the conversation and asking for written confirmation of the correction.
You may disagree with your therapist’s refusal to correct a clinical opinion. This is the hardest situation. If you genuinely believe the entry is factually wrong (not just unflattering), you can escalate to the Privacy Commissioner. If it’s a matter of professional judgement, the statement of disagreement route is usually your most realistic option.
One thing to be clear about: making a correction request is not the same as filing a complaint against your therapist. It’s a separate process. If you have concerns about professional conduct, that goes to the relevant regulatory college. If you have concerns about how your health information is being handled, that goes to the Privacy Commissioner.
How to take the next step with your records
If you’ve identified something in your clinical file that you believe is inaccurate, the path forward is straightforward even if it feels uncomfortable. Start by requesting access to your records if you haven’t already reviewed them. Under PHIA, you have the right to access your own personal health information, and that access request is the logical first step before a correction request.
Once you’ve reviewed your file, note the specific entries that concern you. Write your correction request clearly, include any supporting documentation, and submit it in a way that creates a paper trail. Then wait for the 30-day response window.
If you’re working with a therapist at Wholetherapy and have questions about your records, the right starting point is a direct conversation with your clinician or a written request to the clinic. Wholetherapy operates under PHIA as a Nova Scotia health information custodian, and your rights under that legislation apply fully. For general questions about how the clinic handles records, the FAQ is a good resource. For anything more specific, contact us directly.
Knowing your rights around clinical records doesn’t mean you distrust your therapist. It means you’re an informed participant in your own care, which is exactly what good therapy asks of you. If you’re also curious about the types of therapy Wholetherapy offers, including EMDR therapy for trauma, that information is available on the site as well.
Frequently asked questions
How do I request a correction to my therapy records in Nova Scotia?
You need to submit your request in writing to your therapist or their clinic. Your request should identify the specific record you believe is inaccurate, explain what is wrong, and describe what correction you’re asking for. Under Nova Scotia’s Personal Health Information Act (PHIA), your therapist must respond in writing within 30 days of receiving your request. Sending your request by email or registered mail creates a record of when it was received.
Can my therapist refuse to correct my clinical records?
Yes, in some circumstances. If the disputed entry reflects your therapist’s clinical opinion or professional judgement rather than a factual error, they may decline to change it. However, if they refuse, you have the right to submit a statement of disagreement, which must be attached to your record going forward. If you believe the refusal is unjustified, you can file a complaint with the Office of the Information and Privacy Commissioner for Nova Scotia.
How long does a therapist have to respond to a correction request in Nova Scotia?
Under PHIA, the custodian, meaning your therapist or their clinic, must respond in writing within 30 days of receiving your written correction request. If they do not respond within that window, that is a violation of the legislation. You can escalate to the Office of the Information and Privacy Commissioner for Nova Scotia if the deadline passes without a response.
What is the difference between correcting a clinical record and filing a complaint against a therapist?
A correction request is a health privacy process focused on the accuracy of your personal health information. It’s handled under PHIA and, if necessary, through the Privacy Commissioner’s office. A professional complaint is a separate process directed at a therapist’s conduct and is handled by their regulatory college. You can pursue one without pursuing the other, and the two processes don’t interfere with each other.
Do I have the right to see my own therapy records in Nova Scotia before requesting a correction?
Yes. Under PHIA, you have the right to access your own personal health information held by a regulated health professional or clinic in Nova Scotia. Reviewing your records is a sensible first step before making a correction request, since you need to know what’s in the file before you can identify what’s wrong. Your therapist may charge a reasonable fee for producing copies of your records, but they cannot deny you access without a lawful reason.