You have the right to see your own therapy records in Nova Scotia, and most people don’t know that. Accessing your therapy records in Nova Scotia is a legal right protected under provincial law, not a favour your therapist grants you. The short answer: you can request your records in writing, your provider must respond within a set timeframe, and there is a formal process if they refuse. What most guides skip are the practical complications: what “access” actually means, what a therapist can legally withhold, and what to do when the process stalls. Those are the things worth understanding before you send a single email.
What Nova Scotia law actually says about your therapy records
The legal foundation for your right to access therapy records in Nova Scotia 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 governs how regulated health care professionals and organizations in the province collect, use, disclose, retain, and destroy personal health information. That includes the notes, assessments, treatment plans, and session summaries your therapist keeps about you.
PHIA applies to “custodians,” which under the Act includes regulated health professionals in private practice. Their staff and contractors acting on their behalf are classified as “agents” with their own defined obligations. So whether your therapist works at a hospital, a community mental health centre, or a private clinic like Wholetherapy, the same provincial law applies to how your records are handled.
A common misconception is that therapy notes are somehow different from medical records and therefore off-limits to clients. They are not. Personal health information under PHIA includes any information about your physical or mental health, the services you received, and your health history. Your therapy records fall squarely within that definition.
One important nuance: PHIA is not the only law in play. The federal Personal Information Protection and Electronic Documents Act (PIPEDA) also applies to commercial health activities, including private psychotherapy practices in Nova Scotia. In most situations PHIA takes precedence for provincially regulated health professionals, but PIPEDA adds a parallel layer of accountability, particularly relevant if a practice operates across provincial lines.
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 receive. Therapy records are not a transcript of your sessions. Most therapists keep a combination of intake documents, consent forms, treatment plans, progress notes, and any standardized assessments or screening tools used during your care.
Progress notes vary significantly by clinician. Some therapists write detailed narrative notes after each session. Others use brief SOAP-format notes (Subjective, Objective, Assessment, Plan) that are clinical shorthand and may feel impersonal or confusing to read without context. A note that reads “client presented with elevated affect, explored avoidance patterns, introduced grounding technique” is clinically meaningful but may not reflect the depth of what happened in the room.
Psychotherapy notes vs. general health records
Some jurisdictions distinguish between “psychotherapy notes” (a clinician’s private reflections, kept separately from the main record) and the general health record. Nova Scotia’s PHIA does not create a separate protected category for psychotherapy notes the way some U.S. laws do under HIPAA. This means your right of access under PHIA generally extends to the full record your therapist maintains about you, not just a sanitized summary. If you’ve been wondering whether your therapist keeps a second set of private notes you can’t see, the answer in Nova Scotia is: it depends on how those notes are classified and maintained, and it’s worth asking directly.
If you’ve received EMDR therapy, your records may also include trauma history timelines, target memory lists, or SUDS (Subjective Units of Distress Scale) tracking sheets. These are part of your health record and accessible under the same rules.
How to make a formal records request in Nova Scotia
The process is more straightforward than most people expect. You do not need a lawyer. You do not need to explain why you want your records. Here is how it works in practice.
Start by contacting your therapist or their clinic directly, in writing. Email is acceptable. 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. If you want a specific portion of your records (say, only your intake assessment and treatment plan), say so. Narrowing the request can speed things up.
What happens after you submit your request
Your provider is required to respond. Under PHIA, the custodian must acknowledge your request and provide access or a written explanation of any refusal. The Act also gives clients the right to request a correction to their personal health information in writing, with the custodian required to respond in writing within 30 days.
Providers may charge a reasonable fee for copying and preparing records. Ask about this upfront. If you’re requesting records because you’re transferring to a new therapist, some clinics will send records directly to the receiving provider at no cost to you, which is worth asking about before paying for copies.
If you’re unsure about the process at a specific clinic, Wholetherapy’s FAQ covers common questions about records, billing, and how care is documented.
When a provider can legally limit or refuse access to your therapy records
This is the part most guides gloss over, and it matters. PHIA does allow custodians to refuse or limit access in specific circumstances. Understanding these exceptions prevents frustration and helps you know when a refusal is legitimate versus when it isn’t.
A provider may limit access if disclosing the information would likely cause serious harm to the client or a third party. This is a high bar. A therapist cannot simply say “I think this would upset you” and refuse. The harm must be serious and the risk must be real. In practice, this exception is rarely invoked for routine records requests.
A provider may also limit access if the records contain information about a third party who has not consented to disclosure. For example, if your therapist’s notes include identifying details about a family member who was discussed in session but was never a client, that portion might be severed from the records you receive.
What a provider cannot do: refuse simply because the records are old, because the therapeutic relationship has ended, or because the therapist is uncomfortable with you reading their notes. Those are not valid grounds under PHIA. If you receive a refusal that doesn’t cite a specific legal basis, ask for the refusal in writing and the specific provision of PHIA being relied upon.
What to do if your records request is denied or ignored
A stalled or refused request is not the end of the road. Nova Scotia has a formal complaints process, and knowing it exists changes the dynamic of the conversation.
If your custodian refuses access or fails to 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 authority to investigate complaints under PHIA and can order a custodian to provide access. You do not need to pay to file a complaint.
Before escalating, consider one practical step: send a follow-up in writing that references PHIA by name and states that you are aware of your right to file a complaint with the Privacy Commissioner if the matter is not resolved. This is not a threat, it is information. Many delays resolve at this stage because the provider realizes the request is being taken seriously.
If your therapist is a regulated professional (a registered social worker, psychologist, or registered counselling therapist), their regulatory college is another avenue. Regulatory colleges in Nova Scotia have their own standards around record-keeping and client rights. A complaint to the college is separate from a PHIA complaint and addresses professional conduct rather than privacy law specifically.
For questions about how Wholetherapy handles records requests or to start the process, you can contact us directly.
Requesting a correction to your therapy records in Nova Scotia
Access and correction are two different rights, and people often conflate them. Accessing your records means getting a copy. Requesting a correction means asking your provider to change something in the record that you believe is inaccurate or incomplete.
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 one of the few places in PHIA where a specific timeframe is written into the law.
Here is where it gets nuanced. A therapist is not required to change a clinical opinion simply because you disagree with it. If your intake assessment notes that you reported feeling hopeless and you later feel that characterization was unfair, the therapist may decline to change it while noting your disagreement in the record. What they must do is acknowledge your correction request and either make the change or explain in writing why they are not doing so.
A correction request is most appropriate when there is a factual error: a wrong date, an incorrect medication listed, a misattributed statement. It is less effective as a tool for disputing clinical judgment. If you believe a clinical judgment in your record is seriously wrong and the therapist won’t correct it, you can ask that your written objection be attached to the record so that anyone who reads it in the future sees your perspective alongside the original note.
Practical considerations for therapy records in Nova Scotia
A few things specific to the Nova Scotia context that most general guides miss.
If you received therapy through a publicly funded program (such as a community mental health team or a hospital-based service), your records may be held by the Nova Scotia Health Authority rather than an individual therapist. The request process is similar, but the organization is larger and the response time may be longer. Requests to large health authorities sometimes take the full 30-day window or require follow-up.
If you received therapy through an Employee Assistance Program (EAP), the records situation is more complicated. EAP providers often maintain their own records separately from your employer, and the therapist’s notes may be held by the EAP company rather than the individual clinician. Ask the EAP provider directly who the custodian of your records is before submitting a request.
Geography matters too. Nova Scotia is a large province with significant rural areas, and some clients have received care from therapists who have since retired, relocated, or closed their practice. Retired or deceased health professionals’ records must still be maintained and accessible under PHIA. If a practice has closed, the records should have been transferred to another custodian or a designated records repository. The Nova Scotia College of Counselling Therapists or the relevant regulatory college can often help locate where records were transferred.
If you have questions about records from a specific type of therapy, including EMDR therapy, the documentation practices and what your records are likely to contain can vary. Asking your therapist directly at the start of treatment is always the clearest path.
Frequently asked questions
How do I request my therapy records in Nova Scotia?
Submit a written request directly to your therapist or their clinic, stating that you are requesting access to your personal health information under the Personal Health Information Act (PHIA). Include your full name, date of birth, and the dates of service you’re asking about. You do not need to explain why you want the records. The provider is required to respond, and they may charge a reasonable fee for copying and preparing the documents.
Can a therapist in Nova Scotia refuse to give me my records?
A therapist can limit or refuse access in specific circumstances defined under PHIA, such as when disclosure would cause serious harm to you or a third party, or when the records contain identifying information about someone who hasn’t consented to disclosure. These exceptions are narrow and must be applied in good faith. A refusal must be provided in writing with the legal basis cited. If you believe a 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 records request in Nova Scotia?
PHIA requires custodians to respond to correction requests in writing within 30 days. For general access requests, the expectation is a timely response, and the 30-day standard is widely used as a benchmark in practice. If your provider has not responded after 30 days, follow up in writing and reference PHIA. Continued non-response is grounds for a complaint to the Privacy Commissioner.
Can I request a correction to my therapy records in Nova Scotia?
Yes. 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. The therapist is not required to change a clinical opinion simply because you disagree with it, but they must either make the correction or explain in writing why they are declining. You can also ask that your written objection be attached to the record if the correction is refused.
Does PHIA cover private therapy clinics in Nova Scotia, or only hospitals?
PHIA covers regulated health professionals in private practice, not just hospitals and public health organizations. A private psychotherapy clinic in Nova Scotia is subject to PHIA, and the therapist is classified as a custodian under the Act. Additionally, the federal Personal Information Protection and Electronic Documents Act (PIPEDA) applies to commercial health activities, including private practices, adding a parallel layer of privacy protection. Your rights under both laws apply regardless of whether your therapist works in a public or private setting.