This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations, or refer to the Royal Gazette Part II. Regulations are amended frequently. Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation. Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , Province of Nova Scotia, all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.
Protection for Persons in Care Regulations
made under Section 18 of the
Protection for Persons in Care Act
S.N.S. 2004, c. 33
O.I.C. 2007-441 (effective October 1, 2007), N.S. Reg. 364/2007
as amended to O.I.C. 2019-304 (effective October 29, 2019), N.S. Reg. 174/2019
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.
Designation of health facilities
1 These regulations may be cited as the Protection for Persons in Care Regulations.
2 (1) In these regulations,
(a) “Act” means the Protection for Persons in Care Act;
(b) “adult” means a person 16 years of age or older.
(2) In subsection 8(2) of the Act, “investigation” includes a referral of an allegation of abuse to the appropriate police service and receipt of information concerning the disposition of the allegation from the police service.
3 (1) Subject to subsection (2), in the Act and these regulations, “abuse” means, with respect to adult patients or residents, any of the following:
(a) the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding;
(b) mistreatment causing emotional harm, including threatening, intimidating, humiliating, harassing, coercing or restricting from appropriate social contact;
(c) the administration, withholding or prescribing of medication for inappropriate purposes;
(d) sexual contact, activity or behaviour between a service provider and a patient or resident;
(e) non-consensual sexual contact, activity or behaviour between patients or residents;
(f) the misappropriation or improper or illegal conversion of money or other valuable possessions;
(g) failure to provide adequate nutrition, care, medical attention or necessities of life without valid consent.
(2) “Abuse” does not occur in situations in which
(a) a service provider carried out their duties in accordance with professional standards and practices and health-facility-based policies and procedures; or
(b) a resident or patient who has a pattern of behaviour or a range of behaviours that include unwanted physical contact uses physical force against another patient or resident which does not result in serious physical harm, and the service provider has established a case plan to correct these behaviours.
Designation of health facilities
4 All of the following facilities are designated as health facilities under the Act:
(a) a home that provides supervisory or personal care to 1 or more persons and is approved and funded either by the Department of Community Services as a small-option home or by the Department of Health and Wellness as a community-based option;
(b) a community hospice as defined in the Community Hospices Regulations made under the Health Authorities Act.
Legislative History
Reference Tables
Protection for Persons in Care Regulations
N.S. Reg. 364/2007
Protection for Persons in Care Act
Note: The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Protection for Persons in Care Regulations under the Protection for Persons in Care Act includes all of the following regulations:
N.S.
RegulationIn force
date*How in force
Royal Gazette
Part II Issue364/2007
Oct 1, 20071
date specified
Aug 31, 2007
47/2009
Feb 25, 2009
date specified
Mar 13, 2009
194/2010
Dec 20, 2010
date specified
Dec 31, 2010
174/2019
Oct 29, 2019
date specified
Nov 22, 2019
The following regulations are not yet in force and are not included in the current consolidation:
N.S.
RegulationIn force
date*How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.
ad. = added
am. = amendedfc. = fee change
ra. = reassignedrep. = repealed
rs. = repealed and substitutedProvision affected
How affected
S. 3(2)...............................................
rs. 47/2009
S. 4....................................................
rep. 47/2009;
ad. 194/2010; rs. 174/2019
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections
Note
Effective
date1
Note that responsibility for the Act and regulations is divided between Department of Community Services and Department of Health by O.I.C. 2007-441 under the Public Service Act, R.S.N.S. 1989, c. 376.
Oct 1, 2007
2
The reference to the Department of Health in s. 4 should be read as a reference to the Department of Health and Wellness in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376.
(Corrected by N.S. Reg. 174/2019)Jan 11, 2011
3
The reference to the Department of Health and Wellness in s. 4 should be read as a reference to the Department of Seniors and Long Term Care in accordance with Order in Council O.I.C. 2021-214 under the Public Service Act, R.S.N.S. 1989, c. 376, which transfers responsibility for continuing care and continuing care infrastructure matters.
Aug 31, 2021
Repealed and Superseded
N.S.
RegulationTitle
In force
dateRepealed
date
Note: Only regulations that are specifically repealed and replaced appear in this table. It may not reflect the entire history of regulations on this subject matter.