Psychologists Regulations
made under Section 9 of the
Psychologists Act
S.N.S. 2000, c. 32
O.I.C. 2002-257 (effective June 3, 2002), N.S. Reg. 70/2002
amended to O.I.C. 2023-158 (effective June 9, 2023), N.S. Reg. 106/2023
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Registration
Application not accepted
Certificate issued
Renewal
Suspension of registration
Leave of absence
Re-application after 2 years
Temporary registration
Designation of professional status
Insurance
Continuing competency
Continuing education
Notice
Appeal of Registration Decisions
Definitions for Sections 17 to 29
Registration Appeal Committee composition and voting
Proceedings before Registration Appeal Committee
Registration Appeal Committee must hear appeal
Making an appeal
Information provided to Registration Appeal Committee and appellant
Powers of Registration Appeal Committee
Time and place of appeal hearing
Notice of appeal hearing to parties
Conduct of appeal hearing
Evidence at appeal hearing
Appellant fails to attend appeal hearing
Conclusion of appeal hearing
Decision of Registration Appeal Committee is final
Citation
1 These regulations may be cited as the Psychologists Regulations.
Definitions
2 In these regulations,
(a) “Act” means the Psychologists Act;
(b) “Board Regulations” means the regulations made by the Board pursuant to
Section 8 of the Act;
(c) “expiry date” means the date prescribed by the Board pursuant to clause
17(1)(b) of the Act for payment of the annual registration fee;
(d) “fee” means a fee prescribed in the Board Regulations;
(e) “registrant” means a person registered on either the Register of
Psychologists or the Register of Candidates;
(f) “registration” means inclusion of the name of a person on the Register of
Psychologists or the Register of Candidates in accordance with the Act.
Registration
3 (1) An application for registration shall be in the form prescribed in the Board
Regulations and shall be provided to applicants by the Registrar upon request.
(2) In addition to an application form, the Registrar shall provide the following to an
applicant:
(a)a copy of the Act and these regulations; and
(b) a copy of the code of ethics prescribed in the Board Regulations, and the
standards of professional conduct and standards for providers of
psychological services prescribed by the Board.
(3) Subject to subsection (4), an applicant for registration shall
(a) submit a completed application form to the Registrar together with payment
of the applicable fees;
(b) make arrangements for the educational institutions from which the
applicant’s relevant degrees were obtained to send transcripts to the
Registrar;
(c) where the applicant is seeking registration on the Register of Psychologists,
provide proof to the satisfaction of the Board that the applicant has fulfilled
the requirements of subsection 15(1) or 15(2) of the Act; and
(d) where the applicant is seeking registration on the Register of Candidates,
provide proof to the satisfaction of the Board that the applicant has made
arrangements for a supervisor to provide supervision.
(4) Clauses (3)(b) and (c) do not apply to an applicant for whom the Board has waived
requirements in accordance with subsection 15(5) of the Act.
(5) An applicant shall request referees and supervisors to send documentation directly
to the Registrar.
(6) The Board may request any further information it may consider necessary for
proper evaluation of the application.
Application not accepted
4 If an applicant is not accepted for registration in accordance with subsection 15(4) or
16(3) of the Act, the Registrar shall provide the applicant with a statement in writing of
the reasons for non-acceptance.
Certificate issued
5 (1) A registrant on the Register of Psychologists shall be issued a certificate of
registration as a registered psychologist.
(2) A registrant on the Register of Candidates may be issued a certificate of
registration as a psychologist (Candidate Register).
Renewal
6 (1) The Board shall notify each registrant 2 months prior to the expiry date of the
requirement for annual renewal of their registration.
(2) A registrant may renew their certificate of registration by completing the annual
renewal form prescribed in the Board Regulations and submitting it to the
Registrar before the expiry date together with the annual registration fee.
Suspension of registration
7 (1) In addition to the provision for suspension of registration for non-payment of the
annual registration fee in subsection 17(2) of the Act, the registration of a registrant
who fails to submit a completed annual renewal form in accordance with
subsection 7(2) shall be suspended effective on the expiry date.
(2) The Registrar shall immediately give notice in writing to a registrant whose
registration has been suspended pursuant to subsection (1) for failure to submit a
completed annual renewal form.
(3) Notice given by the Registrar pursuant to subsection 17(3) of the Act or subsection
(2) shall be by registered mail to the registrant, with a copy to their employer, if
any, and shall include a statement that
(a) the person’s registration was suspended effective on the expiry date because
of the failure of the person to pay the annual registration fee or submit a
completed annual renewal form, as the case may be;
(b) the person is not permitted to practise psychology after the expiry date until
the requirements of Section 18 of the Act and these regulations have been
complied with and the Registrar has re-registered the person; and
(c) practising while suspended is an offence under subsection 23(2) of the Act.
Leave of absence
8 (1) A registrant who wishes to take a leave of absence from the practice of psychology
may apply to the Registrar for temporary removal of their name from a register for
any period exceeding 2 consecutive months and not exceeding 2 consecutive years.
(2) The Registrar shall remove the name of a registrant who has applied pursuant to
subsection (1) from the appropriate register for the duration of the leave period
specified in the application.
(3) Upon a registrant’s return from a leave of absence, the Register shall re-enter the
registrant’s name on the appropriate register upon payment of the applicable fee.
(4) For the purposes of subsection 23(1) of the Act, a registrant who practises
psychology while their name is temporarily removed from a register pursuant to
this Section is deemed to be in violation of a condition or limitation relating to
their registration.
Re-application after 2 years
9 A person who re-applies for registration more than 2 years after the suspension of their
previous registration shall be treated as a new applicant and, in addition to fulfilling the
requirements of Section 18 of the Act, the person shall submit a new application
pursuant to Section 3.
Temporary registration
10 (1) A person who is practising psychology and is registered or licensed in another
jurisdiction and who applies to practise psychology in Nova Scotia for a limited
time or for a specific purpose may be registered temporarily on the Temporary
Register established by the Registrar for this purpose, upon providing
documentation to the satisfaction of the Board of current status in good standing in
the other jurisdiction.
(2) A registrant on the Temporary Register shall be issued a certificate of registration
as either a registered psychologist or a psychologist (Candidate Register), and the
certificate shall include the expiry date of the temporary registration and a notation
that the temporary registration is not renewable.
Designation of professional status
11 (1) A registrant on the Register of Psychologists may use the title “Psychologist”, or
“Registered Psychologist”, and may abbreviate the title after their name to
“R.Psych.”
(2) A registrant on the Register of Candidates may use the title “Psychologist
(Candidate Register)”, and may abbreviate the title after their name to “Psych.
(Cand. Reg.)”, but shall not use a title or abbreviation permitted under subsection
(1) for a registrant on the Register of Psychologists.
(3) A registrant who is retired and not practising psychology may use a title that clearly
indicates their retired status.
(4) A person who is registered in another jurisdiction and applies to be registered in
Nova Scotia may continue to use the title applicable in the other jurisdiction while
the application is being processed, or may, if registered on the Temporary Register,
assume the title appropriate to like registrants in Nova Scotia.
Insurance
12 A registrant shall carry adequate professional liability insurance.
Continuing competency
13 The Board may, at its discretion, require any registrant to meet with the Board, or a
sub-committee of the Board, for the purpose of determining whether the registrant’s
experience, education, and other professional qualifications meet a generally accepted
level of competence for the provision of psychological services.
Continuing education
14 The Board may develop specific guidelines for continuing education requirements to
which registrants must adhere.
Notice
15 Any written notice required to be given by the Registrar to a registrant or former
registrant under these regulations shall be to the most recent address for the registrant or
former registrant in the Registrar’s records.
Appeal of Registration Decisions
Definitions for Sections 17 to 29
16 In Sections 17 to 29,
“appeal” means a review of a registration decision set out in Section 16B of the
Act; and
“appellant” means a person seeking review of a registration decision made by the
Board;
Registration Appeal Committee composition and voting
17 (1) The Registration Appeal Committee consists of at least all of the following
members:
(a) 2 registered psychologists;
(b) 1 person, appointed by the Governor in Council, who is not currently and
has never been any of the following:
(i) a member of the Board,
(ii) a registered psychologist,
(iii) a candidate.
(2) A quorum of the Registration Appeal Committee consists of any 3 members of the
Committee.
(3) A decision of the Registration Appeal Committee on an appeal requires the
majority vote of the quorum of the committee that is considering the appeal.
(4) A member of the Registration Appeal Committee must not participate in a
proceeding that is an appeal of a registration decision in which they participated.
Proceedings before Registration Appeal Committee
18 (1) The members of the Registration Appeal Committee may waive notice of any
meeting or proceeding of the committee.
(2) A proceeding of the Registration Appeal Committee is not invalidated because a
member of the committee fails to receive notice of the proceeding or the meeting at
which the proceeding takes place and nothing precludes the members from
waiving notice of the proceeding or meeting.
(3) If the term of office of any person sitting on the Registration Appeal Committee
expires during a proceeding of the committee, the Chair of the committee may
extend the person’s term of office until the proceeding concludes.
(4) The Registration Appeal Committee may impose a publication ban on any portion
of its decision, as the committee considers necessary.
Registration Appeal Committee must hear appeal
19 (1) Except as provided in subsection (2), an appeal from a registration decision of the
Board must be heard by the Registration Appeal Committee.
(2) Subsection (1) does not apply to a request for relicensing under Section 18 of the
Act or if the collaborative registration review process under Section 22 of the
Regulated Health Professions Network Act is used to conduct a review of the
process.
Making an appeal
20 (1) An appeal must be made in writing to the Registrar no later than 30 days after the
date the Board’s decision is sent to the applicant.
(2) An appeal must stipulate the grounds for the appeal.
(3) An appellant must pay the applicable fee.
(4) The fee paid under subsection (3) must be refunded to the appellant if the appeal
results in any of the following:
(a) granting registration;
(b) issuing or renewing a certificate of registration;
(c) removing conditions, limitations or restrictions.
Information provided to Registration Appeal Committee and appellant
21 Within a reasonable time after receiving an appeal, the Registrar must provide the
Registration Appeal Committee and the appellant with all of the following:
(a) a copy of the written decision being appealed;
(b) a copy of all records related to the appeal and in the possession of the
Board, subject to any lawful restrictions;
(c) any written information the Registrar considers necessary.
Powers of Registration Appeal Committee
22 (1) The Registration Appeal Committee may determine its own procedure, which may
include doing any of the following:
(a) ordering pre-appeal hearing procedures, including pre-appeal hearing
conferences that are held in private, and direct the times, dates and places
for those procedures;
(b) ordering that an appeal hearing or pre-appeal hearing conference or parts of
a hearing or a pre-appeal hearing conference be conducted using a means of
telecommunication that permits the parties and the Registration Appeal
Committee to communicate simultaneously;
(c) administering oaths and affirmations;
(d) receiving and accepting any evidence and information on oath, affidavit or
otherwise as the Registration Appeal Committee considers fit, whether
admissible in a court of law or not;
(e) adjourning or postponing a proceeding;
(f) amending or permitting the amendment of any document filed in connection
with the appeal hearing.
(2) The Registration Appeal Committee may determine whether an appeal hearing
must be conducted through written submissions, or whether the parties will have
an opportunity to appear before the Registration Appeal Committee to present
evidence or submissions.
Time and place of appeal hearing
23 If the Registration Appeal Committee determines that the parties have an opportunity to
appear at an appeal hearing, the Registration Appeal Committee must fix a reasonable
time and place for the appeal hearing.
Notice of appeal hearing to parties
24 At least 14 days before the date set for an appeal hearing at which the parties have an
opportunity to appear, the Registrar must provide written notice of the hearing to the
parties.
Conduct of appeal hearing
25 (1) The parties to an appeal hearing are the Board and the appellant.
(2) In an appeal hearing, the parties have the right to all of the following:
(a) representation by legal counsel;
(b) if the parties have an opportunity to appear, the opportunity to present
evidence and to make submissions;
(c) disclosure of all relevant information and documents.
(3) The appellant is a compellable witness in a hearing.
(4) An appeal hearing at which the parties have an opportunity to appear must be
electronically recorded.
Evidence at appeal hearing
26 (1) Except as provided in subsection (2), none of the following evidence is admissible
at an appeal hearing unless the opposing party has been given the specified
opportunity or information at least 10 days before the date of the appeal hearing:
(a) for written or documentary evidence, an opportunity to examine the
evidence;
(b) for expert evidence, a copy of the expert’s written report or, if there is no
written report, a written summary of the evidence and the expert’s
qualifications;
(c) for witnesses’ testimony, if the Registration Appeal Committee authorizes
the attendance of witnesses, the identity of the witnesses.
(2) The Registration Appeal Committee may allow the introduction of evidence that
would be otherwise inadmissible and may make any directions it considers
necessary to ensure that a party is not prejudiced by the admission of the evidence.
Appellant fails to attend appeal hearing
27 If an appellant fails to attend their appeal hearing, the Registration Appeal Committee
may proceed with the appeal hearing in the appellant’s absence and take any action
authorized by the Act and these regulations.
Conclusion of appeal hearing
28 (1) The Registration Appeal Committee must render its decision with reasons within a
reasonable time after
(a) the appeal hearing concludes, for an appeal hearing at which the parties had
an opportunity to appear; or
(b) it completes its review of the written evidence and written submissions, for
an appeal hearing conducted by written submissions.
(2) The Registration Appeal Committee may make any decision the Registrar or the
Board could have made with respect to the appellant’s application, and may do any
of the following:
(a) order the imposition of conditions, limitations or restrictions on the
appellant’s certificate of registration;
(b) assess any costs to be paid by the appellant.
(3) Other than a refund of the fee under subsection 20(4), an appellant is not entitled to
any costs for an appeal.
(4) In clause (2)(b) and subsection (3), “costs” includes all of the following:
(a) expenses incurred by the Board in the application process;
(b) expenses incurred by the Board for the activities of the Registration Appeal
Committee;
(c) the Board’s solicitor and client costs, including disbursements and HST,
relating to the application and the appeal, including those of Board counsel
and counsel for the Registration Appeal Committee;
(d) fees for retaining a court reporter and preparing transcripts of the
proceedings;
(e) travel costs and reasonable expenses of any witnesses, including expert
witnesses, required to appear for the appeal;
(f) additional costs resulting from an appellant causing the postponement of an
appeal hearing.
(5) The committee must send a copy of its decision to the appellant and the Board.
(6) The Registrar must implement the decision of the Registration Appeal Committee.
Decision of Registration Appeal Committee is final
29 A decision of the Registration Appeal Committee is final.
The following regulations are not
yet in force and are not included in the current consolidation: