Your therapy records belong to you, and so does the right to ask for changes when something in them is wrong. Requesting a correction to your therapy records in Nova Scotia is a formal process with real legal backing, not just a polite ask you can make and hope for the best. Under the Personal Health Information Act (PHIA), you have a defined right to request a correction in writing, and your therapist or clinic has a legal obligation to respond. What most people don’t know is exactly how to make that request, what counts as a correctable error, and what happens if the correction is refused. Those three things drive this process more than anything else.
What your right to correct therapy records actually means in Nova Scotia
The right to request a correction is not the same as the right to rewrite your records. This distinction matters, and it trips people up. Under the Personal Health Information Act, S.N.S. 2010, c. 41 (PHIA), which came into force June 1, 2013, clients in Nova Scotia have the right to request that a custodian, meaning your therapist or clinic, correct personal health information that is inaccurate or incomplete. The law does not give you the right to delete information you simply dislike or disagree with, or to remove a clinical judgment your therapist made in good faith.
What this means practically: if your records state the wrong date of birth, list a medication you never took, or attribute a statement to you that you never made, those are correctable errors. If your therapist documented that you appeared distressed during a session and you feel that characterization was unfair, that is a clinical observation, and the correction process works differently for those situations.
The difference between factual errors and clinical opinions
Factual errors are objective: wrong names, wrong dates, wrong diagnoses copied from another file. Clinical opinions are the therapist’s professional interpretation of what they observed. PHIA allows custodians to decline a correction request if the information in question is a professional opinion or observation made in good faith. In those cases, the law provides a different remedy: your therapist must attach a statement of disagreement to your file, so anyone who reads those records in the future will see your perspective alongside the original entry.
Who holds your records and who is responsible for corrections
Before you can request a correction, you need to know who to send the request to. PHIA defines the person or organization responsible for your records as a “custodian.” For clients seeing a private therapist, the individual therapist is the custodian. For clients seen at a clinic like Wholetherapy, the clinic itself may hold that role, with staff and contractors acting as agents under the custodian’s obligations.
This matters because sending your correction request to the wrong person can delay the process. If you saw a therapist who has since left a clinic, the clinic likely still holds your records and remains the custodian. If your therapist was in private solo practice, the request goes directly to them.
What about federal privacy law?
PIPEDA, the federal Personal Information Protection and Electronic Documents Act, also applies to private psychotherapy practices in Nova Scotia operating on a commercial basis. In most cases, PHIA and PIPEDA overlap significantly on correction rights, and complying with PHIA will generally satisfy both. If you are unsure which law applies to your situation, the FAQ page at Wholetherapy covers some common questions about how records are handled, or you can contact us directly.
How to write a correction request that actually gets taken seriously
PHIA requires that correction requests be made in writing. A verbal request to your therapist at the end of a session does not trigger the formal 30-day response timeline. The written request does not need to be a legal document, but it does need to be clear and specific.
A request that says “I want my records corrected” will likely prompt a follow-up asking what you want corrected and why. A request that says “My intake form dated March 14, 2024 lists my previous diagnosis as generalized anxiety disorder. I have never received that diagnosis. I am requesting that this entry be corrected to reflect that no prior diagnosis was documented” gives the custodian exactly what they need to act.
Your written request should include:
- Your full name and date of birth (to confirm your identity)
- The specific record or entry you believe is inaccurate or incomplete
- A clear description of what is wrong and what the correct information should be
- Any supporting documentation you have, such as a letter from another provider confirming the correct information
- The date of your request (this starts the 30-day clock)
Send the request by email with a read receipt, or by mail with tracking, so you have proof of when it was received.
What happens after you submit your request: the 30-day timeline
Once your written correction request is received, the custodian has 30 days to respond in writing. This is a legal requirement under PHIA, not a courtesy. The response must tell you one of three things: the correction has been made, the correction has been partially made with an explanation of what was not changed, or the correction request has been refused with reasons.
If the correction is made, the custodian is also required to take reasonable steps to notify anyone who received the incorrect information previously, if that notification is possible and appropriate. This is relevant if your records were shared with another provider, an insurer, or a legal proceeding.
The 30-day window can be extended in limited circumstances, but the custodian must notify you of the extension before the original 30 days expire. If you hear nothing within 30 days, that silence is itself a problem you can escalate.
What to do if the deadline passes with no response
If the custodian does not respond within 30 days, you have the right to file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner. Keep copies of your original request and any proof of delivery. The Commissioner’s office can investigate and direct the custodian to comply.
When a correction request is refused: your options in Nova Scotia
A refusal is not the end of the road. If your therapist or clinic declines to make the correction, they must give you written reasons. The most common reason for refusal is that the information in question is a professional opinion or observation made in good faith, which PHIA explicitly allows custodians to protect.
In that case, you have the right to submit a statement of disagreement. This is a written statement from you explaining why you believe the record is inaccurate. The custodian must attach it to your file and include it whenever that record is disclosed to a third party. This does not change the original entry, but it ensures your perspective is part of the permanent record.
If you believe the refusal itself was improper, meaning the information is factually wrong and not a matter of clinical opinion, you can escalate to the Nova Scotia Information and Privacy Commissioner. You can also seek independent legal advice, particularly if the incorrect records are affecting something significant like a custody proceeding, a disability claim, or an employment decision.
One edge case worth knowing: if you are requesting a correction to records that were created by a different provider and only held by your current therapist, your therapist may refer you back to the original creator of those records. The custodian who created the information is generally the one responsible for correcting it.
Practical considerations specific to Nova Scotia and Atlantic Canada
Geography creates real friction in this process. If you received therapy in a rural area of Nova Scotia and your provider has since retired or relocated, tracking down the custodian of your records takes more effort. Therapists in private practice are required to have a plan for what happens to records if they close their practice, but those plans are not always communicated to clients.
If you cannot locate your former therapist, the Nova Scotia College of Counselling Therapists or the relevant regulatory college for your provider’s profession may be able to help you identify who currently holds responsibility for those records. The regulatory body is not the same as the privacy commissioner, but they can sometimes point you in the right direction.
For clients who received therapy through a hospital or community health centre, the institution itself is the custodian, and they typically have a formal privacy office that handles correction requests. The process is the same under PHIA, but the institutional structure means you will likely be dealing with an administrative team rather than your therapist directly.
If you are currently working with a therapist at Wholetherapy and have a question about your records, the most direct step is to contact us and ask. Questions about records, corrections, and privacy rights are handled seriously and without judgment.
Red flags and honest limits of the correction process
The correction process works well for clear factual errors. It works less well, and more slowly, when the dispute is about interpretation. If you and your therapist have a fundamentally different view of what happened in a session, the statement of disagreement process is the realistic outcome, not a rewritten record.
There are also situations where requesting a correction can create unintended complications. If your records are part of an active legal proceeding, altering them, even legitimately, can raise questions about the integrity of the documentation. In those situations, getting legal advice before submitting a correction request is worth the extra step.
The correction process is also not a substitute for addressing a breakdown in the therapeutic relationship. If you feel your therapist has consistently misrepresented you in their notes, that is a clinical and ethical concern that may warrant a complaint to the relevant regulatory college, not just a records correction. The two processes can run in parallel, but they serve different purposes.
Finally, be realistic about timelines. Even when everything goes smoothly, you are looking at a minimum of 30 days for a response, and longer if there is a dispute or an escalation to the Commissioner’s office. If you need corrected records for a specific deadline, start the process as early as possible.
If you are exploring therapy options and want to understand how records are handled before you begin, learning about EMDR therapy and the clinical approach at Wholetherapy may help you feel more confident about what to expect from the process.
Frequently asked questions
Can I request a correction to my therapy records in Nova Scotia?
Yes. Under the Personal Health Information Act (PHIA), S.N.S. 2010, c. 41, clients in Nova Scotia have a legal right to request a correction to their personal health information in writing. The custodian, which is your therapist or clinic, must respond in writing within 30 days. The right applies to factual errors and incomplete information, though clinical opinions made in good faith may not be correctable in the same way.
What counts as a correctable error in therapy records?
Correctable errors are typically objective factual mistakes: wrong dates, incorrect names, misattributed statements, or information copied from another client’s file. A clinical observation or professional opinion, such as a therapist’s note that you appeared anxious during a session, is generally not correctable under PHIA because it reflects the therapist’s professional judgment. In those cases, you can submit a statement of disagreement to be attached to your file.
How do I request a correction to my therapy records?
Your request must be made in writing and sent directly to the custodian of your records, which is usually your therapist or their clinic. The request should identify the specific entry you believe is wrong, explain what the correct information is, and include any supporting documentation. Send it in a way that creates a record of delivery, such as email with a read receipt or tracked mail, because the 30-day response window begins when the custodian receives it.
What happens if my therapist refuses to correct my records?
If the custodian refuses your correction request, they must provide written reasons. The most common reason is that the information is a professional opinion made in good faith, which PHIA allows them to protect. You then have the right to submit a statement of disagreement, which must be attached to your file and included in any future disclosures. If you believe the refusal was improper, you can file a complaint with the Nova Scotia Office of the Information and Privacy Commissioner.
How long does a therapy records correction request take in Nova Scotia?
Under PHIA, the custodian has 30 days from receiving your written request to respond. The response must confirm whether the correction was made, partially made, or refused, along with reasons. The deadline can be extended in limited circumstances, but the custodian must notify you before the original 30 days expire. If you need corrected records for a specific purpose, such as a legal proceeding or an insurance claim, start the process well in advance of your deadline.