The MGA and FOIPOP are laws which give you the ability to apply to access 'records'  held by ‘public bodies’.

Public bodies include:

• provincial government departments, boards, agencies, commissions, foundations, tribunals, and associations
• municipalities, towns, villages
• municipal police and fire departments
• school boards
• health authorities
• community colleges and universities
• Public Archives of Nova Scotia.

Go here for contact information of public bodies governed by both FOIPOP and the MGA.

If you want to access records held by a municipal body (such as a municipality, town, village or police service) you will be using the MGA. If you want to access information from a provincial public body, you will be using FOIPOP. In either case the process is the same.

FOIPOP and the MGA define records to include anything on which information is recorded or stored.  Examples include:

• books,
• documents,
• maps,
• drawings,
• photographs,
• letters,
• papers,
• videos,
• electronic records.

The first step is to determine which organization has the records you want to see.

Nova Scotia’s Information Access and Privacy Services has contact information for the various bodies covered by FOIPOP and the MGA. Go here to see that list. 

Depending on the type of record you are trying to access you may not need to make a formal request.

You can contact the public body and ask about this. Some records may already be publicly released or are routinely released (for example, administrative or operational records). The government has a database of already released FOIPOP requests that you can access online at openinformation.novascotia.ca to see if it has the information you are looking for.

However, if you are trying to get records that include personal information, you will likely have to make a formal request.

Formal FOIPOP and MGA access requests must be:

• in writing
• specific enough to allow the person responding to the request to identify the record
• accompanied by a $5 application fee. You can contact the public body you are requesting the information from to find out who you should make the cheque out to. You do not have to pay a $5 application fee if you are requesting your own personal information.

You can find pdf and word versions of request forms here. You do not have to use these forms but they may be helpful.

Personal information is info about you, like: your health care history; your educational, financial, criminal or employment history; your family status; another person's opinions about you.

When you make an information request you may be required to pay fees in addition to the $5 application fee. You may be required to pay for the cost of:

• locating, retrieving and producing the information
• preparing the record for disclosure
• photocopying, shipping and handling the record.

You do not have to pay any fees to access your personal information.
    
The table below explains the fees that public bodies may charge for preparing the records you request.

Type of Record	Application Fee	First 2 hours of work	Photocopying	Per 30 minutes of time spent
Personal Information	Free	Free	Free	Free
Other records	$5	Free	$0.20/page	$15

The public body must give you an estimate of the total costs before doing the work. You can ask the public body to waive the fee:

• if you cannot afford the fee
• if the records relate to a public interest issue, such as the environment or health and safety, or
• for any other reason it is fair to do so.

If you think the fee is too high, you have the right to request a review by the Information and Privacy Commissioner for Nova Scotia (OIPC). You must request a review of the fee estimate within 60 days. Or you could decide to narrow your scope and request fewer records.

Once a public body has received your request they have 30 days to respond. However, this 30 day period may be extended if:

• your request was not detailed enough
• you requested a large number of records, or a large number of records must be searched to find your records, or
• the public body needs more time to consult with another public body or a third party.

You must be informed if a public body has asked to extend the 30 day time period. If, by the end of 30 days the public body has not informed you of an extension, or responded to your request, you may treat that as a refusal to provide the records and you can request a review by the Office of the Information and Privacy Commissioner for Nova Scotia.

Generally there are three types of responses:

• you may get all the information you requested
• you may get part of the information you requested
• you may get none of the information you requested.

If a public body has not released some, or all of the records you requested, it must tell you why in writing.

The law requires that public bodies must not disclose:

• personal information of others if disclosure would be an unreasonable invasion of privacy, and
• confidential business information if the business can show that significant harm would result from the disclosure.

Certain types of information may not have to be disclosed — the public body has discretion to decide. For example, you may be refused access to information that is related to:

• intergovernmental affairs
• lawyer-client privilege
• law enforcement matters
• cabinet deliberations
• advice given to a public body or minister
• information that could harm the financial or economic interests of a public body or the government of NS
• labour conciliation records
• information that will risk health or public safety
• information from closed meetings of a public body
• Information that could harm conservation efforts
• certain academic research
• university evaluations,

Also, some types of records are not available. For example:

• material that is available for purchase (such as maps)
• court files (contact the court directly for information about access to court files)
• test questions.

The law allows you to correct personal information a public body has about you.

If you believe the personal information a public body has about you is wrong you may request that the public body correct it. You can request correction of personal information using these forms:

• for FOIPOP corrections
• for MGA corrections

There is no charge for requesting the correction of your personal information.

If a public body refuses to correct your personal information you may apply to the Office of the Information and Privacy Commissioner for Nova Scotia for a review of the decision. You must request a review of a decision of a public body within 60 days of receiving the decision. The OIPC may extend the 60 day deadline in some situations, so it is best to contact them to discuss your situation even if you have missed the review deadline.

If you get a decision from a public body which you do not agree with you may ask the Office of the Information and Privacy Commissioner for Nova Scotia (OIPC) to review the decision.

You must request a review within 60 days of receiving the decision of the public body. The OIPC has discretion to extend the 60 day deadline in some situations, so it is best to contact the OIPC to discuss your situation even if you have missed the review deadline.

You may request that the OIPC review:

• a fee estimate
• a timeline extension, or failure to respond within the 30 day time limit
• a refusal or partial refusal to provide the records you requested
• a refusal to correct your record.

To request a review you must inform the OIPC of your request. You can either write a letter or use a standard form (FOIPOP form or MGA form). Be sure to include:

• the name of the public body, and the date of the decision
• copy of the public body’s decision
• if available, a copy of your original access request
• your address and telephone number.

There is no fee for requesting a review from the OIPC.

More information on how to appeal a decision of the public body can be found in this OIPC booklet.

When the OIPC receives a review, it will first try to settle the matter informally. If that does not work, then a formal review process will start and the parties will make written statements and the Information and Privacy Commissioner ("Commissioner") will prepare a report deciding if the public body was correct, partly correct, or incorrect. The report is a public document that will make recommendations for the public body to follow.   You can see examples of the Commissioner's reports here: oipc.novascotia.ca/publicly-issued-reports. The public body then decides whether to accept and implement all or part of the OIPC’s recommendations. If you are not satisfied with the public body’s response to the Commissioner’s recommendations, you can appeal to the Supreme Court of Nova Scotia. However, you must do that within 30 days of receiving the decision. Appealing to the Supreme Court of Nova Scotia is more complicated.  You may need to pay court fees and other costs and other factors may need to be considered. It is a good idea to consult a lawyer if you wish to appeal to the Supreme Court.

Office of the Information and Privacy Commissioner of Nova Scotia

Visit the Office of the Information and Privacy Commissioner of Nova Scotia (OIPC) website at oipc.novascotia.ca, or contact the OIPC at:

Mailing Address:
P.O.Box 181
Halifax, NS B3J 2M4
Email: [email protected]
Phone: (902) 424-4684
No Charge-Dial: 1-866-243-1564
TTD/TTY: 1-800-855-0511

The OIPC has a helpful "Citizen’s Guide to Information Access and Privacy Rights in Nova Scotia" and a "Mini-Guide to Access".

Nova Scotia Information Access & Privacy Services (IAP):

Mailing Address:
IAP Services
Department of Internal Services
PO Box 72, Halifax Central, B3J 2L4
11th floor, Royal Centre
5161 George Street
Halifax, NS B3J 1M7
Phone: (902) 424-2985 or 844-424-2985
Website: beta.novascotia.ca/programs-and-services/information-access-and-privacy

PHIA protects "personal health information", which is information that identifies you and is about:

• your physical or mental health
• your family’s health history
• your payments for, or eligibility for, health care
• health care you have received
• who provides health care to you
• organ donation, and related test or exam results
• your health registration information, including your health card number
• the identity of your substitute decision-maker, if you are not able to make your own health care decisions.

The rules under the PHIA apply to your personal health information regardless of how the information is recorded or stored.  Also, PHIA continues to apply to your personal health information even after your death.

The rules under the PHIA apply to your personal health information regardless of how the information is recorded or stored (for example, paper or electronic records). Also, PHIA continues to apply to your personal health information for the earlier of 120 years after the record was created or 50 years after you die.

PHIA applies to certain designated "custodians".  Custodians are people or organizations who have custody or control of personal health information because they provide health care, or support the provision of health care.

Custodians include:

• any member of a regulated health care profession, like your doctor, dentist, nurse, phsyiotherapist, chirporactor, optometrist, dietician, psychologist or pharmacist
• the Nova Scotia Department of Health and Wellness
• the Nova Scotia Health Authority
• the Izaak Walton Killam Health Centre (IWK)
• the Review Board under the Involuntary Psychiatric Treatment Act
• designated Mi’Kmaw First Nations bands
• licensed pharmacies
• a licensed continuing care facility
• Canadian Blood Services
• a Nova Scotia Hearing and Speech Centre
• any government approved home care, or home oxygen agency
• a community hospice operator.

PHIA does not apply to others who may have your health information for reasons unrelated to providing health care to you, such as your employer or an insurance company. 

PHIA requires custodians to:

• have safeguards and practices in place to protect your personal health information
• protect against theft, loss and unauthorized handling of personal health information
• have a written complaint policy and a privacy policy that is available to the public
• have a designated contact person to handle compliance with PHIA, including responding to requests for access to or correction of personal health information, and to process complaints
• notify you if your privacy has been breached and there is potential for harm or embarrassment to you.

You can make a complaint to the custodian if you believe they have not followed the privacy rules of PHIA. You can raise your concerns about how the custodian collects, uses or discloses your information, about any consent concerns you have, the practices the custodian has in place to protect privacy, and how your information is used for research. You can also make a complaint if you feel you were not notified properly of a privacy breach.

If you are not satisfied with the custodian’s response to the complaint, you can ask the Information and Privacy Commissioner to review it. You will find more information about requesting a review below.

PHIA gives you a right of access to your own personal health information that a custodian has. You can get a copy of the records or you can arrange to view the records. The access request should be in writing, although the custodian can waive that requirement.

You do not have to tell the custodian why you want to see the record. If your request is not specific enough the custodian must offer you help to revise your request.

Custodians may charge you a general fee of up to $30.00 for the initial processing of a request to access your personal health information. The custodian may charge additional fees for things like photocopying. The fees are set out in the regulations of PHIA which can be found here. Custodians must give you an estimate of the fees to be charged before doing the work.

All or part of the fee may be waived if you can’t afford to pay it, or if there is another good reason why it would be unfair for you to have to pay it.  

If you do not agree with a fee estimate, first talk with the custodian to see if they will reduce or waive the fee.  If you still can’t resolve it, you can contact Nova Scotia’s Office of the Information and Privacy Commissioner (OIPC) to request a review. You will find more information about requesting a review below.

A custodian has up to 30 days to either grant or refuse your request for access to your records.  They may extend the timeline, but must tell you in writing if they do. If the custodian takes longer than 30 days without informing you of an extension, this may be considered a refusal to provide the records which you may ask to have reviewed by the Office of the Information and Privacy Commissioner for Nova Scotia.

Custodians may refuse to grant access to your personal health information if it is reasonable for the custodian to believe that disclosing the records would:

• risk serious harm to your treatment, recovery, physical or mental health
• risk serious harm to the mental or physical health of someone else
• identify a person who provided information they reasonably expected to be kept confidential
• give you information about someone else’s personal health information.

Custodians may also refuse your request if the information is subject to a legal privilege, another statute or court order prohibits disclosure, the information was for a quality review program, or the information was for a proceeding that is still happening. Additionally, the custodian does not need to grant access to your personal health information if they believe the request is “frivolous or vexatious." Generally, a request may be considered frivolous or vexatious if it is primarily made for a reason other than accessing the records, for example, to harass the custodian.

If you are refused access to all or part of your records, the custodian must tell you why in writing.

If you are refused access to your personal health information and disagree with that decision you have a right to complain to the Information and Privacy Commissioner for Nova Scotia (OIPC), and ask them to review the custodian's decision.   You must file a request for review within 60 days, from the time you get notice of the refusal.  In some cases the 60 day time limit may be extended, so it is a good idea to contact the OIPC about your situation even if you have missed the 60 day time limit.

If the OIPC recommends that you should be allowed access to your health record, and the custodian still refuses to allow access, you may appeal to the Supreme Court of Nova Scotia.  It is a good idea to consult a lawyer if you wish to appeal to the Supreme Court.

If, after reviewing your records, you believe your records are not complete, accurate or up to date, you may request a correction. The request should be in writing, and you must provide evidence to show the custodian why your record is not complete, accurate or up to date. The custodian may also agree to correct the record if you simply ask them to.  

A custodian does not have to correct your record if:

• it is a record not originally created by the custodian, and the custodian does not have sufficient knowledge, expertise and authority to correct the record
• the record is a good faith professional opinion or observation that the custodian made about you
• you have not provided sufficient information to show that a correction is required – it is not enough to simply ask for a correction without proof
• the custodian believes the request is frivolous or vexatious or is part of a pattern of conduct that amounts to abuse of the right of correction.

The custodian has 30 days to respond to your request either by correcting the record, or refusing to correct your record.

If the custodian refuses to correct your record they must explain why in writing.

If you disagree with the refusal you can request that the Office of the Information and Privacy Commissioner (OIPC) review the custodian's decision. You must file your request for a review within 60 days, from the time you get notice of the refusal.  There is more information about review requests below.

Yes. PHIA allows a custodian to disclose personal health information about a person who has died if:

• you are the personal representative of the person who died, and you need the records so you can administer the estate; 
• you are either a family member or a person with a close personal relationship with the person who died, and the information relates to the circumstances of the death or health care received by the person who died.  Information may not be released if disclosure would be against the prior express wishes of the person who died.

Yes. You can request a ‘record of user activity’ which is a list of the people who have looked at your health information in an electronic health information system. There is no fee to get this record. Once you make a request, the custodian has up to 30 days to respond.

If you are concerned that there has been a breach of your privacy, the custodian will have a designated person you can contact who can respond to your concerns.

If you disagree with the response you have received from a custodian you may ask the Information and Privacy Commissioner for Nova Scotia (OIPC) to review the decision.  The OIPC has information about the review process in their "How to Appeal a Decision (Request a Review)" fact sheet.

You must request a review within 60 days of receiving the decision of the custodian The OIPC may extend the 60 day deadline in some situations, so it is best to contact the OIPC to discuss your situation even if you have missed the review deadline.

You may request a review under PHIA if:

• you disagree with a fee estimate provided by a custodian
• a custodian does not respond to a request for access to your records within 30 days
• a custodian has refused to provide access to all or part of your personal health information
• a custodian has refused to correct an error in your personal health information
• you are not satisfied with the custodian's response to your privacy complaint.

Review requests must be in writing.  You can request a review by using a form provided by the OIPC, or by writing a letter. Be sure to include:

• the custodian's name, and the decision date
• a copy of the custodian’s decision
• if available include a copy of your original access request
• your address and telephone number.

There is no fee for requesting a review from the OIPC.

When the OIPC receives a review, it will first try to settle the matter informally between the parties. If that does not work, then a formal review process will start and the parties will make written statements and Information and Privacy Commissioner will make a report deciding if the custodian was correct, partially correct, or incorrect. The report will make recommendations for the custodian to follow. Generally with privacy matters, the report is not made public.  You can see examples of OIPC reports here. The custodian then decides whether to reject or accept and implement all or part of the Commissioner’s recommendations. If you are not satisfied with the custodian’s response to the Commissioner’s recommendations, you can appeal to the Nova Scotia Supreme Court.

Appealing to the Supreme Court of Nova Scotia is more complicated. You may need to pay court fees and other costs and other factors may need to be considered. It is a good idea to consult a lawyer if you wish to appeal to the Supreme Court.

Office of the Information and Privacy Commissioner of Nova Scotia:
Visit the Office of the Information and Privacy Commissioner of Nova Scotia (OIPC) website for more information, or contact the OIPC at:

Phone: (902) 424-4684
No Charge-Dial: 1-866-243-1564
Email: [email protected]

Mailing Address:
Box 181
Halifax, NS
B3J 2M4

The OIPC also has a helpful "Mini-Guide to Health Information in Nova Scotia".

Nova Scotia Department of Health and Wellness:
Go to novascotia.ca/dhw/phia/ for information about PHIA from Nova Scotia's Department of Health & Wellness, or contact their Privacy & Access Office at:

Phone: 902-424-5419
No Charge-Dial: 1-855-640-4765

Mailing Address:
Privacy and Access Office
1894 Barrington Street
PO Box 488
Halifax, NS B3J 2R8

Email: [email protected]

Each province in Canada has its own human rights statute.  There is also a federal human rights statute. These statutes are referred to as a Human Rights Act or a Human Rights Code. They are designed to make sure that everyone is treated equally and protected from discrimination in situations such as work, going to a store, studying at an educational institution, buying a house or renting an apartment, and many other day-to-day scenarios.

There are both provincial and federal level human rights statutes because of the way the Canadian Constitution divides up powers. According to our Constitution, certain subject areas are assigned to the provincial government while others are assigned to the federal government.

Most human rights complaints fall under the jurisdiction (power) of the various provincial human rights statutes. Only complaints involving federally regulated workplaces and organizations – such as those involving transportation, communications, and banking – will fall under the jurisdiction of the Canadian Human Rights Act.

If you feel that you have a human rights complaint involving an organization in Nova Scotia but you aren't sure if it falls under federal or provincial jurisdiction, you can contact either the Nova Scotia Human Rights Commission or the Canadian Human Rights Commission. Either agency will be able to tell you if your situation falls under their jurisdiction and, if is doesn't, can refer you to the correct agency.

The Charter is the supreme law of Canada. It was proclaimed in 1982 as part of the Constitution Act, 1982. The Charter sets out our constitutional rights, including equality rights.

Before the Charter was proclaimed in 1982, Canadians already had rights and freedoms, most of which have been enjoyed since Confederation. These rights were protected by the common law and by various statutes. However, the Charter made these rights more secure and definitive.

With the proclamation of the Charter, our fundamental rights and freedoms have become entrenched. This means that they are written down and are part of our Constitution.

Entrenchment of the Charter means that:

• our Charter rights and freedoms cannot be easily taken away by either the provincial legislatures or the federal parliament
• courts can rule on whether or not other laws follow the Charter. The Charter is the supreme law of Canada, and so all other laws must be consistent with what the Charter says.

Ordinary statutes can be amended (changed) by a simple majority of the legislature that originally passed the law. It is much harder to change the Charter.  There is a complex amending formula that must be followed. This means that our Charter rights are more secure than any rights we have from other sources of law.

Before the Charter, our courts had very limited power to strike down legislation (invalidate a law to the extent of its inconsistency with the Constitution.)  Courts could do so only if they determined that the government did not have the constitutional authority to create and pass a piece of legislation. After the Charter, the role of our courts changed dramatically. Now that the Charter is in place, Canadians can challenge a law when we believe the law violates our Charter rights and freedoms.

Below are the categories of rights set out in the Charter along with examples of rights that fall into each category.

Fundamental Freedoms (Section 2) – This includes freedom of conscience and religion; freedom of thought and expression; freedom of association and freedom of peaceful assembly.

Democratic Rights (Sections 3-5) – This includes the right to vote in federal and provincial elections.

Mobility Rights (Section 6) – This confirms the right to move from province to province within Canada.

Legal Rights (Sections 7-14) – This includes the right to legal counsel upon arrest, the right not to be arbitrarily detained by police, the right to be free from unreasonable search and seizure, the right not to be forced to testify against oneself in a legal proceeding, and the right to be tried in a reasonable time.

Equality Rights (Section 15) – This includes the right to be equal before and under the law and the right to be free from discrimination.

Language Rights (Sections 16-23) – This includes the right to speak in French and English and the right, in some circumstances, to be educated in the language of your parent(s).

Aboriginal Rights (Section 25) – This section recognizes the existing rights of Canada's Aboriginal people and treaty rights. The Charter forms part of the larger Constitution Act, 1982. It is important to note that Aboriginal rights, including treaty rights, receive more overt and direct constitutional protection under section 35 of the Constitution Act, 1982.

For more detailed information about Charter rights, visit here.

The Charter applies to government action. This includes laws, bylaws, and regulations made by the federal, provincial, or a municipal government. The Charter also applies in situations where one of the parties can somehow be characterized as a public or government entity (for example, the RCMP).

The Charter does not apply to purely private matters. This means that it does not apply to disputes between private individuals, or between an individual and a private business.

Charter rights are usually brought up in two different kinds of legal contexts – either in criminal matters or situations where someone engages in civil litigation (a lawsuit) in order to enforce their Charter rights.

If someone is charged with a criminal offence, they might raise a Charter argument to say that their legal rights were violated in some way. For example, an accused person might argue that they were subjected to an unlawful search and seizure.

In some cases, the courts have concluded that evidence obtained in violation of the Charter would bring the administration of justice into disrepute and so should not be allowed into a legal proceeding.

Another way to exercise Charter rights is to take a government department or other government body to court through civil litigation. This is commonly known as a Charter challenge, and it is usually used to challenge an existing piece of legislation. An example of a potential Charter challenge would be if a person or organization feels that an existing law does not conform to the Charter and should be changed in whole or in part.

If a law has been successfully challenged through a Charter challenge, the court could strike down the offending statute or provision. This means that the challenged legislation would have no effect to the extent that it is inconsistent with the Charter. In other words, whatever part(s) of the statute that do not align with the Charter would no longer be considered part of the law.

There are limits on our Charter rights. When the Charter is brought up in court, both sides will make arguments about the issues. The plaintiff (the person who starts the lawsuit) or the accused (in a criminal case) will first argue that their Charter rights have been violated. If the court agrees, then the onus shifts to the defendant or prosecution to argue that if there has been a violation of rights then it is “saved” by section 1 of the Charter.

Section 1 imposes a limit on our Charter rights and freedoms. It reads:

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

This means that none of our Charter rights are guaranteed to us absolutely. Section 1 is in place to allow for the courts to balance the rights of individuals against the needs of society at large.  Find out more about section 1 of the Charter here.

Charter matters can be complex. If you feel that your Charter rights have been violated in any way, we recommend speaking to a lawyer for advice and guidance.

The Nova Scotia Human Rights Act applies when someone has faced discrimination:

• on the basis of a protected characteristic, such as race, religion, sexual orientation, among others, and
• in a protected area (such as a workplace, a store where you are buying goods, and other situations which we will talk more about below).

To file a human rights complaint under the Nova Scotia Human Rights Act, the organization that you wish to complain about must fall under provincial jurisdiction. Most stores, service providers, and employers will fall under the provincial scope, but some do not (for example, banks and telecommunication services, which are federally regulated).

You can check with the Nova Scotia Human Rights Commission if you are not certain whether your complaint falls under their jurisdiction.

The Nova Scotia Human Rights Act applies in what are known as 'protected areas'— areas of life in which we have the protection of the Act. The Act applies:

• in employment (including volunteer work),
• in the provision of accommodation (for example, renting an apartment),
• to the purchase or sale of property,
• in the provision of goods and services to the public (for example, shopping at a store or getting a service such as education, electricity, a haircut, and numerous other examples),
• membership in professional organizations, and
• in publications, broadcasts, or advertisements.

If you believe you have been discriminated against, you can file a complaint with the Nova Scotia Human Rights Commission alleging discrimination. You must do so within a 12-month period of the last date of alleged discrimination, or the last 24 months in exceptional circumstances.

For the Nova Scotia Human Rights Commission to accept a complaint, you must show that you have faced negative treatment in a protected area and because of a protected characteristic.

Not all forms of negative treatment will be considered discrimination under the law. For example, if your boss is bullying you, this is not necessarily the basis for a human rights complaint unless you feel that they have targeted you because of a protected characteristic.

Here are some examples of possible human rights complaints:

• a complaint that you were denied a promotion at work because you are a woman,
• a complaint that you were followed around in a store because of stereotypes about your race (also known as racial profiling),
• a complaint that you were denied an opportunity to rent an apartment because of your gender identity, or
• a complaint that you were unable to attend a particular school for studies because you have a physical disability for which you use a wheelchair and the space is not accessible.

Protected characteristics under the Nova Scotia Human Rights Act

As we have discussed above, there are a number of 'protected areas' which are covered under the Nova Scotia Human Rights Act. These include employment and volunteer situations, access to services, the purchase and sale of property, membership in professional organizations, and in publications, broadcasts, or advertisements.

There are also a number of 'protected characteristics' which are covered under the Act. The protected characteristics are essential aspects of who someone is.

It is illegal to discriminate against someone based on any of these protected characteristics in any of the protected areas noted above.

The Nova Scotia Human Rights Act includes the following protected characteristics:

• age
• race
• colour
• religion
• creed
• sex (including both gender and pregnancy)
• sexual orientation
• gender identity and gender expression
• physical or mental disability
• an irrational fear of contracting illness
• ethnic, national, or aboriginal origin
• family status
• source of income
• political belief, or
• association with anyone who would fall under the category of any of the above characteristics.

The Nova Scotia Human Rights Act also forbids sexual harassment, or harassment on the basis of any of the protected characteristics.

Many of these protected characteristics are self-explanatory, while others require further explanation.

'Irrational fear of contracting an illness,' for example, refers to situations in which someone with an illness faces unjustifiable negative treatment due to their illness in their workplace or any other protected area. It was added as a protected characteristic in order to extend protection for those living with HIV/AIDS, but can apply to any kind of transmittable illness for which someone experiences discrimination.

'Family status' refers specifically to a parent-child relationship. It can apply to either a relationship with a parent or a relationship with a child. For example, if you are a single parent and need an accommodation (such as a modified work schedule) that lets you drop off and pick up your child from school and your employer says no, then the Nova Scotia Human Rights Act may apply, within certain parameters.

'Source of income' can apply to any legitimate means by which someone makes an income. This protected characteristic often comes up when someone is a recipient of Income Assistance. It is illegal, for example, for a landlord to deny renting someone an apartment because they are on Income Assistance.

'Gender identity and gender expression' are the most recent additions to the Nova Scotia Human Rights Act, added in 2012. These characteristics are distinct from the protected characteristic of sex, which is used to cover most gender-based human rights complaints. Gender identity and expression extend human rights protections to trans and non-binary people.

'Gender identity' refers to how someone identifies (for example, as a man, a woman, non-binary, two-spirit, genderqueer, or any of the many other gender identities that exist across the world). 'Gender expression' refers to how someone expresses their gender (for example, the way they dress, the pronouns they use, their name, and numerous other characteristics). It is illegal to discriminate against trans and non-binary people in employment or any other protected area. Discrimination of this kind can include refusing to use someone's name or pronouns, making transphobic comments, or refusing to allow someone access to a washroom which best aligns with their gender identity.

If you feel that you have experienced discrimination based on any of the above characteristics, you should contact the Nova Scotia Human Rights Commission for information and assistance. The Commission can give you guidance on what to do next if you are experiencing discrimination and can let you know if your situation would qualify as a human rights complaint.

      

You can contact the Nova Scotia Human Rights Commission (Commission) and discuss your situation with a Human Rights Officer. Before you do this, it's a good idea to use the Commission's complaint self-assessment tool which will help you better understand if you likely have a complaint that the Commission could address.

Human Rights Commissions are government offices given the task of upholding and enforcing human rights legislation in each province and federally. The federal Human Rights Commission deals with complaints that fall under the jurisdiction of the federal legislation (the Canadian Human Rights Act), while each provincial Human Rights Commission is responsible for dealing with complaints that fall under provincial jurisdiction.

A human rights complaint is a written statement in which the complainant (the person who is alleging discrimination) describes the incident or incidents which have occurred and explains why they feel there was discrimination.

After a human rights complaint is filed, the Commission is responsible for seeing that complaint through to its end. This may include undertaking an investigation, in which information is gathered from everyone involved in the dispute, including the respondent (the organization which has committed the alleged discrimination), witnesses, and anyone else who has a valuable perspective or information to contribute.

The Nova Scotia Human Rights Commission is committed to using restorative approaches whenever possible when handling complaints. This means that the Human Rights Officer who investigates the complaint may facilitate a Resolution Conference in order to help resolve the complaint. A Resolution Conference is a process through which those who has been involved in or impacted by discrimination have an opportunity to participate in a talking circle in which they share their experiences, how they have been impacted, and work together to find a meaningful solution.

A Resolution Conference is not appropriate in every situation, for example if there is a significant power imbalance between the two sides in a dispute, or if assembling together in this manner would cause more harm than good. If you are going through a human rights complaint process, your Human Rights Officer can explain the process in detail with you and discuss options for addressing your complaint.

Some human rights complaints are not resolved through a Resolution Conference or other internal investigative process used by the Nova Scotia Human Rights Commission. Some complaints are dismissed because the investigation reveals, for example, that there is no evidence of discrimination.

Other complaints may be referred to a Board of Inquiry, which is a public inquiry in which a Board Chair reviews the evidence (including all documentary evidence and witness statements) and determines whether discrimination has occurred. You can visit here to read many past Board of Inquiry decisions in Nova Scotia.

For more detailed information about the Nova Scotia Human Rights Commission's dispute resolution process, you can visit the Commission's Frequently Asked Questions page.

Similar to the Nova Scotia Human Rights Act, the Canadian Human Rights Act applies when someone has experienced discrimination in a protected area due to a protected characteristic.

Under the Canadian Human Rights Act, discrimination is prohibited in employment situations, employee organizations, the provision of accommodation (including residential and commercial tenancies), and in the provision of goods and services to the public.

Human rights complaints must be filed within a 12-month window of the last date of alleged discrimination. In certain exceptional circumstances, such as prolonged illness, the Canadian Human Rights Commission may consider complaints outside of this time period.

The Canadian Human Rights Act applies only to organizations which are federally regulated. For example, if you feel that you have experienced discrimination by the police, you would speak to the Canadian Human Rights Commission if you were dealing with the RCMP, but the Nova Scotia Human Rights Commission if you were dealing with the municipal police. The difference is that the RCMP falls under the federal jurisdiction, while the local police fall under the provincial scope.

Other organizations that fall under the federal jurisdiction include banks, telecommunications organizations (such as cell phone providers), organizations that involve travel across provinces (such as airlines, railway companies, and much of the trucking industry), among others.

Sometimes jurisdiction can be difficult to determine, particularly when an organization has characteristics that seem like they fall under federal power and characteristics that seem more provincial in nature. If you are not sure whether your complaint is federal in nature, you can contact the Canadian Human Rights Commission. They can let you know if your complaint falls within their jurisdiction, and if not, can direct you to the correct agency.

For more detailed information, visit the Canadian Human Rights Commission website, which includes information about what qualifies as a human rights complaint and the complaint process.

Protected characteristics under the Canadian Human Rights Act

The characteristics which are protected under the Canadian Human Rights Act are slightly different from the protected characteristics under the Nova Scotia Human Rights Act. 

Under the Canadian Human Rights Act, discrimination is prohibited on the basis of:

• race
• national or ethnic origin
• colour
• religion
• age
• sex (including both gender and pregnancy)
• sexual orientation
• gender identity and gender expression
• marital status
• family status
• genetic characteristics (for example, the possibility that someone may develop a particular disease or condition as determined through genetic testing).
• disability, and
• conviction for an offence for which a pardon has been granted.

The Canadian Human Rights Act also forbids harassment, as well as the publication of discriminatory notices and hate messages.

If you feel that you have experienced discrimination in a protected area covered by the Canadian Human Rights Act, you can contact the Canadian Human Rights Commission for more information. You may also wish to complete this online self-assessment tool to see if your complaint likely falls within the federal Commission's scope.

If the discrimination is at your place of work and you belong to a union, the union may be able to help you. Or you may be able to make a complaint to Nova Scotia Labour Standards, the government office that administers the Labour Standards Code.  Depending on the circumstances, you might be able to sue in court for wrongful dismissal. See our information on Losing Your Job for more on these options. It is a good idea to seek legal advice on your options. See our information on Lawyers and Legal Help.

If you have experienced sexual harassment at work see our information on Sexual Harassment in the Workplace and ways to get legal advice.

The duty to accommodate is a concept in human rights law that refers to an obligation to provide special adaptations or accommodation to people with disabilities or other characteristics covered by a Human Rights Act.

For example, imagine you are an employee at a large company and much of your job consists of writing reports. Over time, you have developed a medical condition which impacts your joints and in particular your ability to grip and type using a keyboard. In this situation, voice recognition software is an accommodation that your employer could easily provide and that would allow you to still perform your job duties.

Another example of the duty to accommodate would be if a transgender employee comes out to their manager with their updated name and pronouns. In this situation, the duty to accommodate would mean that the employer should update the employee's personnel file and take steps to make that the correct name and pronouns are used on any future documents regarding this employee.

The duty to accommodate usually comes up in employment situations, but it can arise in other protected areas too. Another area in which it frequently arises is in an educational setting. Students with particular disabilities, for example, may require additional time to complete exams or course work.

Accommodations take many forms. Examples of accommodations include time off for an employee who requires a medical leave, modifications to a work station for someone with a physical disability, a work-from-home arrangement for someone whose illness is aggravated by sensory conditions in an office space, extra time to write an exam, or permission for a service dog or emotional support animal to accompany a person into a public building.

Yes, your employer can ask for medical information regarding your accommodation needs. In most situations, accommodations must be supported by medical documentation.

For example, if you feel that you need an accommodation at work, your employer is within their rights to request a medical note that confirms your accommodation needs and helps them understand what is required of them.

This doesn't mean that your employer has a right to know the specific details of your diagnosis if your accommodation is related to a disability. An employer only has the right to know as much information as would be necessary to uphold their obligations under the law.

For example, if an employee does physical labour, the employer may need to know if there are any restrictions on this person's ability to perform their job duties. After a major surgery, an employee's doctor may advise that this person refrain from lifting objects over a certain weight for a given period of time until they have suitably recovered. This is the kind of information which an employer would need to know in order to provide an appropriate accommodation.

To give another example, if an employee is off on a medical leave, their employer may ask for information from the employee's doctor about expected return date and their ability to perform their job duties upon return.

When seeking medical information, employers are allowed to ask if the accommodation is related to a disability, the prognosis, and for details of what kind of accommodation is required. The employee is responsible for cooperating with any reasonable requests for medical information.

The duty to accommodate has limitations. In human rights law, the duty to accommodate only exists up to the point of what is called 'undue hardship.'

Undue hardship is the point when it would be logistically impossible or excessively difficult for an employer or service provider to accommodate a person's needs.

Undue hardship is assessed on a case-by-case basis. Some scenarios will reach a point of undue hardship more easily than others. For example, imagine that someone has a job which regularly involves operating a motor vehicle and they develop a condition which significantly impacts their eyesight. There are no other positions at the organization for which the employee would be qualified. In this situation, it is unlikely that the employer would need to accommodate the employee, because the employee is no longer able to perform the core functions of their job in a safe manner and there are no other appropriate positions available.

According to the Nova Scotia Human Rights Commission, factors that can be used in determining whether the accommodation would pose an undue hardship are:

• employee and customer safety,
• financial cost,
• interchangeability of the workforce and facilities,
• disruption of a collective agreement,
• disruption of services to the public,
• the morale of other employees, and
• the size of the employer’s operation.

An employer's obligations under human rights law can be case-specific. The same is true of undue hardship. If you feel like you have been denied an accommodation, you should contact your local Human Rights Commission to discuss your situation.

About human rights in Canada generally:

• Government of Canada
• The Canadian Human Rights Commission

About the Canadian Charter of Rights and Freedoms:

• Government of Canada
• Department of Justice, Charterpedia
• Government of Canada, Guide to the Canadian Charter of Rights and Freedoms

About human rights in Nova Scotia:

• Nova Scotia Human Rights Commission

Legal Organizations in Nova Scotia:

The African Nova Scotian Justice Institute addresses issues of systemic racism in the justice system that negatively impact African Nova Scotians while ensuring fair, legal and constitutional treatment of African Nova Scotians and all black people of African descent. 

The Confederacy of Mainland Mi'kmaq (CMM) promotes and assists Mi’kmaw communities’ initiatives toward self determination and enhancement of community.  The CMM has a number of plain language public legal education materials to help the Mi’kmaq understand their rights and responsibilities under the law. You can find these publications, and others, in the resources section of their website.

The Mi’kmaq Legal Support Network provides legal support services and victim support services to Indigenous people in Nova Scotia, particularly through the Mi'kmaw Court Worker Program and the Mi'kmaw Customary Law Program.

The Land Titles Initiative (LTI) helps residents in the communities of North Preston, East Preston, Cherry Brook/Lake Loon, Lincolnville and Sunnyville get clear title to their land at no cost. There are Community Navigators to help applicants involved in the Land Titles Initiative. Their role is to work directly with residents to help them through the land claims process. 

902 ManUp is a non-profit volunteer organization founded in 2016 in response to the increase in community violence, particularly involving black males. The organization is primarily dedicated to the advancement of all Black Communities within Nova Scotia and has a particular focus on the empowerment of young black males. However, their mandate includes all individuals or groups at risk of marginalization and social and academic exclusion.

From the Canadian Race Relations Foundation:

• Anti-Black Racism: Now is the Time to Act,
• Racism: Problems and Solutions

On Indigenous Justice:

• Truth and Reconciliation Commission of Canada: Calls to Action
• MMIWG National Inquiry Calls for Justice 
• Marshall Inquiry, Royal Commission on the Donald Marshall Jr. Prosecution, December 1989

From the Human Rights Commissions:

• Nova Scotia Human Rights Commission, Call for Action to Address Anti-Black Racism, June 2, 2020. 
• Canadian Human Rights Commission Anti-Black Racism in Canada: Time to Face the Truth, June 2, 2020. 

From the legal community in Nova Scotia:

• Nova Scotia Legal Aid, Statement on the Black Lives Matter Movement, June 4, 2020.  Go to nslegalaid.ca for information about Nova Scotia Legal Aid services
• Nova Scotia Barristers' Society, Statement Against Anti-Black Racism, June 3, 2020.  

From the Government of Canada:

• Government of Canada, Canada's Anti-Racism Strategy
• Statistics Canada, Police Personnel and expenditures in Canada, 2018
• Statistics Canada, Police Reported Hate crime in Canada, 2018

On Street Checks:

• Honourable J. Michael MacDonald, former Chief Justice of the Nova Scotia Court of Appeal, Street Checks Legal Opinion,  October 2019.
• Professor Scott Wortley, Street Checks Report, March 27, 2019

More resources:

• Royal Roads University, Anti-Racism Resources
• Canadian Women's Foundation, Resources for Ending Anti-Black Racism
• The Coast, June 4 2020, Resources to start learning about racism in Halifax and beyond
• CBC, Hear More Black Voices: Books, radio interviews, TEDx talks, and documentaries featuring Black voices
• Senator Wanda Thomas Bernard, Collective Rage Requires Collective Action, June 3 2020
• RDS vs. A Story of Race and Justice

For white people:

• Anti-racism resources for white people - a resource for white people to deepen their anti-racism work, or start engaging in anti-racism work
• How to be an Ally and 20 Anti-racism Terms you should know 

Go here for more detailed information about human rights. 

How are human rights protected in Canada?

In Canada, our human rights are protected by the common law (legal rules developed by judges in court decisions) and by a variety of statutes. This includes the Canadian Charter of Rights and Freedoms (the Charter), provincial human rights legislation, and federal human rights legislation (the Canadian Human Rights Act). There are also international laws that deal with human rights.

Human Rights Legislation

Every jurisdiction in Canada has human rights legislation - that means each province and territory, and the federal government. This legislation, often referred to as human rights codes, is anti-discrimination legislation.

There are both provincial and federal level human rights codes in Canada because of the constitutional division of powers in Canada. According to our Constitution, certain subject areas are assigned to the provincial government and others to the federal government. Most human rights complaints are covered under the various provincial codes. In Nova Scotia that is the Human Rights Act.  Only complaints by federal employees or those who work in federally regulated industries – such as transportation, communications, and banking – come under the jurisdiction of the Canadian Human Rights Act.

The various human rights codes in Canada are designed to protect equality rights. They forbid discrimination on certain listed grounds in certain areas, including:

• employment
• the provision of housing and accommodation, and
• the provision of goods and services to the public.

The grounds on which discrimination is forbidden are called “prohibited grounds”, or "protected characteristics". Protected characteristics under the Nova Scotia Human Rights Act and the Canadian Human Rights Act are linked to below.

Go to https://humanrights.novascotia.ca for information about human rights in Nova Scotia, including how to file a complaint about discrimination or harassment, and go here to see a list of protected characteristics under the Nova Scotia Human Rights Act.

Go to https://www.chrc-ccdp.gc.ca/eng for information about human rights in the context of federally regulated workplaces, or in services from a business or organization that is regulated by the federal government, including how to file a complaint about discrimination or harassment, and a list of protected characteristics under the Canadian Human Rights Act.

Canadian Charter of Rights and Freedoms

The Charter of Rights and Freedoms (the Charter) is part of the Constitution, and sets out our fundamental rights and freedoms.  The Charter is the supreme law of Canada.  It applies to all government actions, and protects people in Canada from government policies and actions that may have violated a person’s fundamental rights and freedoms. When your rights are limited or infringed (violated) by the law or by a government action, it is up to government to show that those limits are justified and consistent with the values of a “free and democratic society". The Charter applies to situations where one of the parties is the government or can be characterized as a public entity (for example, the RCMP). The Charter does not apply to purely private matters. This means that it does not apply to disputes between two private individuals, or between an individual and a corporation.

Learn more about the Charter here.

International Human Rights

International human rights refers to human rights commitments made between national governments. These commitments only have the full force of law if they’re incorporated into the laws of the countries involved. Examples of important international human rights commitments include:

• International Convention on the Elimination of All Forms of Racial Discrimination
• Universal Declaration of Human Rights
• Core International Human Rights Instruments

Go here for more detailed information about human rights. 

For information about protest rights, we suggest:

• Canadian Civil Liberties Association, Protest Rights
• Pen Canada, Protest Rights

You can make a complaint with or without a lawyer.  The RCMP and municipal police forces have procedures for dealing with complaints against a police officer. They have information pamphlets on the procedures and information online. You can also get information from a lawyer.  

Complaints about municipal police officers (town police, Halifax Regional Police, etc.)

You can file a complaint with any member of the police force or with the Nova Scotia Police Complaints Commissioner's Office.

For complaints about municipal police, usually you must lay a complaint within 6 months of the incident that you are complaining about.

Nova Scotia Police Complaints Commissioner's Office
1690 Hollis Street, 3rd Floor
PO Box 1573
Halifax, NS B3J 2Y3
Phone: 902.424.3246
Web:  www.novascotia.ca/opcc/

Complaints about an RCMP officer:

The head of your local RCMP detachment, or

You can make a complaint through the Civilian Review and Complaints Commission for the RCMP on-line, by mail or fax. The Commission is an independent agency that is not part of the RCMP. For more information call toll free 1-800-665-6878, or visit their website at www.crcc-ccetp.gc.ca

For more information:

• comment déposer une plainte contre la Gendarmerie royale du Canada (GRC) (en francais)
• how to make a complaint against the RCMP (in English)

We have information about finding a lawyer in private practice (lawyer you would pay) and about free and low-cost legal help resources in Nova Scotia.