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.
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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.

 

 


 

Legislative History
Reference Tables

Psychologists Regulations

N.S. Reg. 70/2002

Psychologists 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 Psychologists Regulations made under the Psychologists Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

70/2002

Jun 3, 2002

date specified

Jun 14, 2002

106/2023

Jun 9, 2023

date specified

Jun 30, 2023

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In 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.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

13......................................................

ra. from 14 106/2023

14......................................................

ra. as 13 106/2023

14......................................................

ra. from 15 106/2023

15......................................................

ra. as 14 106/2023

15......................................................

ra. from 16 106/2023

16......................................................

ra. as 15 106/2023

16-29.................................................

ad. 106/2023

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

152/1981

Psychologists Regulations made under chapter 14 of the Statutes of Nova Scotia, 1980, the Psychologists Act

Nov 3, 1981

Feb 23, 1988

39/1988

Psychologists Regulations made under chapter 14 of the Statutes of Nova Scotia, 1980, the Psychologists Act

Feb 23, 1988

Jun 3, 2002

 

 

 

 

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.

 

 


Webpage last updated: 14-07-2023