Personal Directives Regulations
made under Section 32 of the
Personal Directives Act
S.N.S. 2008, c. 8
O.I.C. 2010-71 (February 16, 2010), N.S. Reg. 31/2010
amended by O.I.C. 2025-266 (effective October 23, 2025), N.S. Reg. 188/2025
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 for Act and regulations
Service of notice of application to court
Assessment of capacity under Section 10, 11 or 13 of the Act
Designation of assessors
List of assessors
Training and continuing competence
Revocation of designation as assessor
Guidelines for conducting capacity assessments
Factors to be considered when deciding best interests
Citation
1 These regulations may be cited as the Personal Directives Regulations.
Definitions for Act and regulations
2 (1) In these regulations,
“Act” means the Personal Directives Act;
“assessor” means a person designated under these regulations to conduct an
assessment of a person’s capacity;
“capacity assessment coordinator” means an individual who provides capacity
assessment training to assessors under the direction of the Public Trustee.
(2) In the Act and these regulations,
“health care” means any examination, procedure, service or treatment that is done
for a therapeutic, preventative, palliative, diagnostic or other health-related
purpose, and includes a course of health care or a care plan;
“guardian” means a person appointed to be a guardian by a court in a province of
Canada;
“person represented” means a person on whose behalf decisions are made by a
statutory decision maker, but for the purposes of subsection 10(2) of the Act means
an individual.
(3) In Section 8 of the Act, “remuneration” does not include reimbursement for
reasonable out-of-pocket expenses incurred by a delegate in exercising their
authority under a personal directive.
Service of notice of application to court
3 In addition to the persons listed in subsection 30(1) of the Act, a notice of an application
to a court under Section 29 of the Act must be served on all of the following persons:
(a) the legal representative of the maker or person represented;
(b) the nearest relative of the maker or person represented;
(c) if the maker or person represented resides in a continuing-care home or a
hospital, the manager or person in charge of the continuing-care home or the
hospital.
Assessment of capacity under Section 10, 11 or 13 of the Act
4 (1) An assessment or reassessment of a person’s capacity for the purposes of Sections
10, 11 or 13 of the Act must be conducted by an assessor, in accordance with the
Act, these regulations and any guidelines established by the Minister under Section
5.
(2) An assessor conducting an assessment or reassessment of capacity under
subsection (1) must complete an “Assessment of Capacity to make Decisions
about a Personal Care Matter Form” as approved by the Minister.
Designation of assessors
4A (1) All of the following health professionals are designated as assessors:
(a) a medical practitioner under the Medical Act or the regulations made under
the Regulated Health Professions Act;
(b) a registered psychologist under the Psychologists Act or the regulations
made under the Regulated Health Professions Act.
(2) Any of the following health professionals, who has successfully completed a
capacity assessment course under the direction of a capacity assessment
coordinator, is designated as an assessor:
(a) a registered nurse or nurse practitioner under the Nursing Act or the
regulations made under the Regulated Health Professions Act;
(b) a social worker under the Social Workers Act;
(c) an occupational therapist under the regulations made under the Regulated
Health Professions Act;
(d) a licensed and practising member of any other health profession determined
by the Minister who meets the requirements set by the Minister.
List of assessors
4B The Minister must maintain a list of persons who are designated as assessors under
subsection 4A(2) and may make the list available to the public.
Training and continuing competence
4C The Minister may establish or approve any of the following for the training of assessors:
(a) training courses;
(b) a continuing competence program.
Revocation of designation as assessor
4D The Minister may revoke an assessor’s designation made under subsection 4A(2) for any
of the following reasons:
(a) the Minister is satisfied that the person is not conducting capacity
assessments in accordance with the Act and these regulations;
(b) any reason that the Minister considers warrants the revocation of their
designation.
Guidelines for conducting capacity assessments
5 The Minister may establish guidelines for conducting capacity assessments and
reassessments.
Factors to be considered when deciding best interests
6 A delegate or a statutory decision-maker who is deciding under clause 15(2)(c) of the
Act what is in the best interests of a maker or person represented must consider all of the
following:
(a) whether the maker’s or person represented’s condition or well-being is
likely to be improved by the proposed care or will not deteriorate because of
it;
(b) whether the maker’s or person represented’s condition or well-being is
likely to improve without the proposed care or is not likely to deteriorate
without it;
(c) whether the benefit the maker or person represented is expected to obtain
from the proposed care is greater than the risk of harm or other negative
consequences;
(d) whether the benefit of a less restrictive or less intrusive form of available
care is greater than the risk of harm or other negative consequences.
The following regulations are not
yet in force and are not included in the current consolidation: