Seniors

Abuse of older adults is any action that threatens the health, safety, or well-being of an older person. It is also called senior abuse or elder abuse. Abuse can be acts, words, or neglect.  It may happen once or over a period of time. Sadly, most abuse of older adults comes from a family member, friend, or caregiver.

The most common types of abuse are listed below.

Financial abuse is when someone takes your money or does not let you have your money or misuses your money. They might steal cash, cheques, or savings. They may take your money by using your bank card or demand access to your online bank account. They may threaten or prevent you from having contact with your grandchildren or others you love unless you give them money or gifts. They may demand you sign a debt, lease or loan with them. Or they might demand that you get a loan and that you give them all of the money. They might pretend to be you in order to get your money from your bank account. Or they might misuse your money, property, or authority such as a power of attorney. For more information about financial abuse see the information on Powers of Attorney.

Physical abuse is when someone hurts you by punching, kicking, slapping, shaking, pushing, burning,  throwing objects, scalding you with hot water, or in other ways. It also includes using physical restraints, locking you in a room, or giving you the wrong medication on purpose.

Sexual abuse is any form of sexual activity that is not wanted—it is without your consent. Some examples of sexual abuse are unwanted sexual comments, intercourse, touching or fondling, or kissing.

Emotional, psychological or mental abuse is when someone uses words to hurt you.   This includes when someone:

• calls you names, uses put-downs, threatens, blames, bullies, teases, or humiliates you
• cuts off your contact with friends and family, stops you from having visitors, or threatens to do these things
• makes hurtful or cruel comments
• constantly criticizes, insults or belittles you
• controls or frightens you
• threatens to harm you, or to harm people you care about or your pets
• encourages you to commit suicide
• uses your friends or relationships to harm you. This includes spreading rumours, gossiping, excluding you from a group or making you look foolish or unintelligent
• threatens to put you in an institution.

Neglect is when an abuser does not give you your basic needs, like food, medical care, shelter, general care, or clothing. Sometimes, a family member or caregiver might neglect the person they are caring for. “Self- neglect” is when you cannot or will not care properly for yourself and do not want and refuse to have someone else help you.

Denial of rights is when an abuser keeps you from doing what you have the right to do. They might keep important information from you. They might open your mail without your permission. They may prevent you from going to your faith or cultural events. They might restrain you, which means holding or tying you down. Or they might confine you, which means keep you in a place you do not want to be.

Online abuse is when someone harasses or hurts you online, using email, texting, instant messaging or other technologies. They might share private photos of you without your consent, or they might harass you online or on social media or track your electronic communications.  They might encourage you to commit suicide. Online abuse is sometimes also called cyber-abuse or cyber-bullying.

Harassment, including stalking, is any unwanted physical or verbal behaviour that offends, threatens or humiliates you. It may also include following you and not leaving you alone, repeated unwanted contact or communication with you.

Coercive and controlling abuse is a pattern of behaviour aimed at controlling or dominating another person. There may be physical abuse, together with emotional, psychological, sexual, financial or other forms of abuse.  Coercive and controlling abuse is very dangerous because it is part of an ongoing pattern and tends to be more serious.

Some forms of abuse of older adults are a crime. A crime is a violation of the Criminal Code of Canada. The Criminal Code applies to all of Canada.

The following lists some criminal offences that may apply if an older adult is being abused:

Financial abuse

• Theft, including theft by a person who has power of attorney
• Fraud and fraud with a credit card
• Robbery
• Breaking and entering
• Forgery and using forged documents
• Extortion (using threats or violence to make a person do something)
• Criminal breach of trust
• Stopping mail with intent to rob or search it


Physical Abuse

• Assault (‘common’ assault, assault with a weapon or causing bodily harm, aggravated assault)
• Sexual assault, aggravated sexual assault, sexual assault with a weapon
• Forcible confinement
• Murder or manslaughter
• Administering a noxious substance
• Counselling suicide

Emotional, psychological or mental abuse

• Threatening to cause death or bodily harm, harm to pets or to property
• Criminal harassment (also called ‘stalking’), including repeated unwanted contact
• Intimidation

Neglect


• Criminal negligence causing bodily harm or death

• Breach of duty to provide necessities of life

If you have been abused or neglected or think someone else is being abused or neglected, reporting it to the police may be an important part of protecting yourself or supporting the person being abused. Reporting abuse to the police is one way to possibly stop abuse now and to prevent it from happening again. If it is not reported the abuse may continue.

Anyone can report abuse of older adults to the police.

The police can investigate the report. This might include getting:

• a statement from the victim
• a statement from the accused
• statements from neighbours, family members, or service providers who might have evidence
• photographs of any injuries
• a medical report
• financial records
• any other evidence that is relevant to the complaint.

The police will investigate and decide whether to lay charges against the person accused of abuse. They will lay charges only if they believe they have enough proof to convict the abuser in court.


Help for victims in a criminal case

Fear is a major reason abuse is not reported. A victim may be worried about reporting abuse or giving evidence in court. Some victims of abuse may not be physically or mentally able to this on their own. The victim may be afraid of the abuser, or the abuser might be someone the victim cares about, including a family member, and the victim may want to maintain family relationships.  The victim may be dependent on the abuser.  



Remember: abuse is never the victim’s fault.  People in healthy relationships are not violent or abusive with each other. No one has the right to be violent or abusive with other people.  It is always best to reach out to someone you trust for help.

Victims of abuse who are asked to testify in court can get help and support from a victim services program. Nova Scotia’s Provincial Victim Services Program offers victims of crime information and support as a case moves through the criminal justice system, and can be reached at 1-888-470-0773 or get information online at https://novascotia.ca/just/victim_services/

Judges can order things to make it easier for vulnerable older adults to testify in court.  These may include:

• allowing a support person to be there while the victim testifies
• allowing the victim to testify remotely or behind a screen
• having a lawyer do the cross-examination when the accused is self-represented, so that the victim is not questioned directly by the accused
• ordering a publication ban so that identifying information is kept private
• ordering that some members of the public not be allowed in the court.

Even if the abuse is not a crime, police or victim services can give information and refer to various community supports for help addressing and stopping the abuse.  Some community supports are listed at the end of this page under "Where can I get more information?".

Financial abuse can happen to anyone. It is the most commonly reported form of abuse of older adults. So remember, you are not alone.

Financial abuse may include the following:

• manipulating or threatening you to get access to your money or property. For example, forcing you to make or change important documents like your will or a power of attorney, or to sign a contract for a loan
• theft, including from joint bank accounts
• forgery - for example, someone signing your name to cash a cheque
• fraud - someone tricking you to get money from you
• abusing your power of attorney.

If you are being financially abused, you may want to:

• contact NS 211 for support and information about community resources that can help
• talk to a lawyer or someone else you trust. Contact a lawyer you know, or get in touch with the Legal Information Society of Nova Scotia for legal information or help finding a lawyer
• talk to the police. Financial abuse such as theft, theft by a person who has power of attorney, forgery, and fraud are crimes under the Criminal Code of Canada.

Keep your paperwork and records. You might need records for a police investigation or if you go to court. Records can include emails or text messages, a diary of events, copies of cancelled cheques, and copies of legal documents.

Also see the sections on Scams, Identity Theft and Other Fraud,  and Power of Attorney.

Nova Scotia has four key laws that protect older adults from abuse. They are:

• the Protection for Persons in Care Act
• the Adult Protection Act
• the Domestic Violence Intervention Act
• the Intimate Images and Cyber-protection Act.

The Criminal Code of Canada also protects older adults across the country.

Abuse can happen to patients and residents of provincially regulated facilities, including health care and community homes. Nova Scotia’s Protection for Persons in Care Act helps to protect patients and residents 16 years of age and older from abuse.

 The facilities include:

• hospitals
• residential care facilities
• nursing homes
• homes for the aged or long term care homes
• homes for people with disabilities including small options homes
• group homes
• residential centres.

A service provider who is doing their duties and following recognized standards and practices and their policies and procedures is not abusing their patients or residents.

Facility staff must protect patients and residents from abuse and keep them reasonably safe. If you report abuse to them, or if they suspect or see abuse, they must report it to the Department of Seniors and Long-term Care. Anyone can report abuse by calling toll free at 1-800-225-7225 (NS government, Continuing Care), or the police.

You can go here to learn more about the Protection for Persons in Care Act.

Under the Protection for Persons in Care Act, abuse may be any of the following:

• physical
• sexual
• emotional
• misuse of medication
• neglect
• misuse or theft of money or possessions.

The Act does not protect against all financial abuse. It protects against misuse or theft of money or possessions belonging to a patient or resident in the facility.

If you believe that a senior in care is the victim of financial abuse and cannot look after their affairs, you should talk with them. You might also talk to someone who is close to the senior, like a family member, who may be able to help the senior.

You can also call the police. Some financial abuse, like fraud or theft, is a crime. A senior who is being financially abused should talk to the police and to a lawyer.

If you believe a person in a care facility is being abused, you can report the abuse to the police or to the Department of Seniors and Long-term Care, toll-free at 1-800-225-7225.

The Department will tell the patient or resident that someone has reported abuse and that the Department will investigate the situation. The investigator will write a report. They might make recommendations to protect the patient or resident or to investigate the matter more.

The police will be involved if there is proof that the abuse is a criminal offence. This would happen if the investigator found evidence of a crime like physical assault, sexual assault, theft, or fraud. If a caregiver failed to care for a senior, they could be charged with neglect.

Some adults live in their own homes even though they no longer have the physical or mental ability to care for themselves, or they might live with family members. The Adult Protection Act helps to protect them from physical, sexual, and mental abuse as well as from neglect. It does not protect them from financial abuse.

The Adult Protection Act protects adults who are “in need of protection.” This means a person who is 16 years old or older and who:

• has a physical or mental disability
• is abused or neglected where they live
• cannot protect themselves from the abuse or neglect
• refuses, delays, or cannot provide for their own care.

The Adult Protection Act does not aim to punish abusers but to protect people from harm.

Sometimes a person physically abuses or neglects an older adult to get money or property or for access to their bank account. If someone reports this abuse to Adult Protection Services, they will investigate. The investigation and steps taken by Adult Protection Services to protect an older adult from the physical abuse or neglect may stop the financial abuse.

If you believe an older adult is being financially abused and is unable to look after their affairs, you should talk with them, even if there is no physical abuse or neglect. You might also talk to a trusted person who is close to the senior (such as a family member) who may be able to help.

You can also contact the Public Trustee or the police. The Nova Scotia Public Trustee's Office has the right to act for certain people who cannot take care of their own affairs. The Public Trustee will look into your complaint and may talk with the police or the Department of Seniors and Long-term Care. You can get more information on the Public Trustee’s website at novascotia.ca/just/pto/ or call the Nova Scotia Public Trustee at 902-424-7760.

Some financial abuse is a crime, for example, stealing, forging a signature, or misusing a power of attorney. A senior who is being financially abused should talk to the police and to a lawyer.

For more information, see the sections on the Public Trustee, Adult Capacity and Decision-making, and Power of Attorney (under “What can I do if my attorney misuses the power of attorney?”).

Anyone can report abuse or neglect to the Adult Protection Services, or you can report it to local police. You can call Adult Protection Services toll-free at 1-800-225-7225.

Often community agencies that have contact with a senior may report abuse or neglect. Sometimes the police or health care professionals do. It does not matter if the information is confidential—if they know it, they must report it. Relatives, neighbours, friends and even strangers also report abuse or neglect.

You do not have to be sure that abuse or neglect is taking place if you want to make a report, but you must have good reason to believe that the senior needs some protection.

If you are wrong about the abuse or neglect, you are protected from being sued if you had good reason to make the report. Someone can sue you only if you made your report without good reason.

If you report abuse or neglect, your identity is confidential. However, if the case goes to court, you may have to give evidence. Then your identity would become known.

It is an offence not to report abuse or neglect of an adult who needs protection. Anyone who fails to report could be charged. If convicted, the maximum penalty is a fine of up to $1,000 or prison for up to one year, or both.

If you report abuse or neglect of a senior in their home or community, Adult Protection Services must find out if there is reason to believe that the senior is in need of protection. It may investigate in one of the following ways:

• visiting the adult’s home
• talking with the adult
• meeting with the person accused of the abuse
• meeting with you, as the person who reported the abuse
• asking a doctor to assess the adult’s level of capacity, their need for care and attention, and whether they have been abused
• talking with the adult’s family, doctor, caregivers, and neighbours.

If the investigation shows that the senior can make competent decisions and that they are not refusing help because of threats or coercion, then Adult Protection Service will end its investigation. It may suggest services that the senior can use, but it cannot force the senior to use these services.

If adult protection workers find proof that a senior needs protection, they must help them get services to make things better.

If there has been a criminal offence, the Adult Protection Service must report it to the police.

Adult Protection does not provide services itself. Adult Protection workers help the adult or the adult’s family find the services they need and can get in the community. Services can include help in their own home or meals on wheels. They may talk with the senior about living somewhere else, such as shared housing, seniors’ apartments, and homes for special care. They can give them priority on waitlists for government services like nursing homes.

The adult is expected to pay for these services if they can afford to. Some privately run services charge fees based on what users can afford to pay. Some services are run by volunteers. If the adult cannot afford to pay, the province will.

If Adult Protection Services is concerned a senior is unable to look after their own needs and is at risk of abuse or neglect, they may ask the senior to have an assessment. If the senior refuses the assessment, or if their caregiver refuses, Adult Protection Services may ask for a court order authorizing entry into the senior’s home. If the judge orders an assessment, Adult Protection Services will be able to go into the place where the senior lives so that it can do the assessment. The Adult Protection worker may ask a doctor to assess the senior’s level of capacity to make decisions.

Usually, the senior will get at least four days’ notice before entry is ordered. In an emergency, a judge can allow entry without notice.

If Adult Protection Services believes that a senior needs protection but is refusing help, they can ask the court for an order that says that the senior needs protection. A judge then holds a court hearing to decide the matter.

If the adult protection worker believes that a senior is in immediate danger, they can take the senior into care until a hearing can take place.

Before making an order that an adult needs protection, a judge must be satisfied that:

• the senior is a victim of abuse or neglect in the place where they live
• the senior is refusing services from Adult Protection Services either because they do not have the mental capacity to decide or because they are afraid of harm from the abuser if they accept the services.

After hearing the evidence, if a judge finds that the senior needs protection, they will make a protective intervention order. The judge must be satisfied that someone is a threat to the senior in need of protection and that something more is needed to keep the senior safe from an abuser.

A protective intervention order can order someone who may be a threat to a senior to:

• leave the place where the senior lives (unless that person owns or rents the place)
• have no contact or only some contact with the senior
• pay money to help support the senior.

Protective intervention orders may not be changed until at least three months have passed.

If a senior who needs protection does not have a representative decision-maker or if the representative is not protecting the senior’s well-being and financial interests in decisions they make on the adult’s behalf, the judge may notify the Public Trustee. The person we now call a representative used to be called a guardian in Nova Scotia.

Yes. Adult Protection Services may remove a senior from their home right away if they believe that:

• the senior’s life is in danger
• the senior needs protection
• the senior cannot decide whether to accept services
• the senior is being pressured not to accept services

Within five days of removing a senior from their home, the Minister of Seniors and Long-term Care must either return the senior to their home or apply to the court for an order saying that the senior needs protection.

If a judge finds that the senior needs protection, the Department of Seniors and Long-term Care can place the senior in a home for special care, to make sure the senior is safe from abuse and is not being neglected. The Public Trustee may be asked to manage the senior’s property if there is a danger that the property will be lost, wasted, or damaged while the senior is in care. (For more information, see the section on the Public Trustee.)

An order saying that an adult needs protection or a protective intervention order lasts for six months. The order will end at that time unless a further application is heard by the court.

An application can be made to the court to renew, change, or end the order before the six months are up. Those who may apply are the Minister of Seniors and Long-term Care, the senior, someone acting on the senior’s behalf, or the person against whom an order is made. Any renewal of the order will end after six months, unless it is renewed again.

No. A person could appeal the judge’s decision to the Nova Scotia Supreme Court or to the Nova Scotia Court of Appeal. If you are thinking about appealing, you should talk with a lawyer before deciding what to do.

The main purpose of the Adult Protection Act is to protect adults who need protection from abuse or neglect, not to punish people who abuse them. Investigation by Adult Protection Services may be enough to stop any more abuse.

People in abusive situations may be able to get counselling either as a victim or an abuser. A victim and an abuser would not usually get counselling together.

A protective intervention order can take an abuser out of the senior’s home. A person who breaks a protective intervention order can be fined up to $1,000 or sent to jail for up to one year or both. The senior may also be able to get a peace bond ('no-contact' court order) to stop an abuser from contacting them. The senior can call the police if an abuser breaks the peace bond.

The police might charge the abuser with a crime, as some types of abuse are a crime.

No. Adult Protection Services keeps files on reports of abuse in private homes and facilities. The files are not generally available to the public. Family members can apply for information in these files under Nova Scotia’s Freedom of Information and Protection of Privacy Act. You can get more information at the Nova Scotia government website by searching for ‘access to information’. The website is at novascotia.ca.

Criminal charges may be laid against the abuser in some situations. Abusers who are convicted of a criminal offence, such as assault, will have a criminal record.

The Nova Scotia Public Trustee’s Office looks into reports of abuse of older adults by their representatives. A representative is someone with legal authority, by court order, to act for an adult who cannot make their own decisions. This authority comes from the Adult Capacity and Decision-making Act.

A representative must protect the adult’s well-being and financial interests in any decision they make on the adult’s behalf. The representative is permitted to do only the things listed in the representation order made by the court.

The Domestic Violence Intervention Act is a Nova Scotia law that protects people from violence by a partner or spouse. It does not protect against financial abuse. The law says that a victim can be a person 16 years old or older who has been abused in certain situations. The first is by a partner, if the couple is living together or has lived together. Another is by the other parent of one of the victim’s children, even if the parents never lived together. The act does not protect people from abuse by a child or parent.

The act allows a court to make an emergency protection order. The order can last up to 30 days and can say the following:

• the victim has care ('custody') of a child
• the victim can stay in, or return to, the home and the other partner is not allowed on the property for a period of time
• the victim has possession of property (such as a car, bank card, identification documents, health cards, and personal effects)
• the police can take the abuser’s weapons
• the abuser cannot contact the victim.

An emergency protection order is only for situations that are serious and urgent. It is not meant to replace criminal law or family law options.

You can apply for an emergency protection order by calling 1-866-816-6555 between 9 a.m. and 9 p.m. Police officers can apply before or after those hours.

The Domestic Violence Intervention Act provides a quick process of review, notice, and hearing before a judge. For more information and resources, go to www.legalinfo.org/family-law/family-violence or www.nsfamilylaw.ca/family-violence, or talk to a lawyer.

Examples of cyberbullying include when someone:

• creates a website, blog, or profile to make others believe it is you
• shares your sensitive personal information online or breaks your confidence
• threatens, intimidates, harasses, or scares you online
• makes false statements about you
• engages in communications that are grossly offensive, indecent, or obscene
• encourages you to commit suicide.

Cyberbullying can also include encouraging or forcing someone else to do these things.

The law also protects you if someone shares a private intimate image of you, such as a photograph, film, or video, without your consent. An intimate image is one that is private, shows sexual activity or nudity or partial nudity. It is an image you have good reason to think will stay private.

Under Nova Scotia law, “distributed without your consent” means publishing, posting or sharing the image with others, without your permission. It could also mean that the person who shared them did not think about or care whether you would have agreed to share the images with others, and did not ask you.

For example, without asking you and to try to hurt you, a former partner posts a private, sexually explicit, intimate picture of you on Facebook that you had good reason to think was going to stay private.

Fraud is intentional deception. Fraud is a crime. Some types of fraud are referred to as scams or schemes.   Fraud affects all age groups.  Fraud usually causes financial loss for the victim.  The internet has created new opportunities for fraudsters.

The person who is deceived is generally called the victim or mark. The person who does the deceiving is generally called a fraudster, a scam artist, a perpetrator, or a thief.

Fraud can be very profitable for criminals. Fraudsters are hard to catch because they are skilled at what they do, may manage to disappear before being caught, and they may not even be located in Canada.

Victims are often too embarrassed to tell anyone, and so many frauds do not get reported.

Consumer fraud is intentionally deceiving a person who buys a product or a service.  For example, you are deceived into paying money for something that does not exist, is not accurately described, or is of little or no value.  Another example is being deceived into providing information that allows a fraudster to steal from you. 

Consumer fraud happens when a person, a group, or a company takes advantage of individuals, usually for monetary gain.

Fraudsters approach their victims in many different ways:

• coming door to door
• calling on the telephone
• sending mail through the postal system
• sending emails, using social media, or other online services
• meeting in a coffee shop, club, place of worship or other place.

They may attract you with a TV commercial, a magazine article, a newspaper advertisement, a website, a survey, or through social media.

A fraudster can cause you financial loss without having to make any personal contact with you. They are always thinking of new and different scams to take advantage of people.

Unfortunately there are so many types of scams they cannot all be listed here, and it is also difficult to guess what the next new scam will be. Examples of some of the more common consumer fraud scams include:

Identity Theft: The fraudster uses your personal and financial information to steal from you. This is the top fraud across North America.

Advance Fee Fraud: You are asked to make a payment or to give your personal or financial information before you receive a product or service.

ATM, Credit Card, and Debit Card Fraud: The fraudster uses your pass codes and card numbers to withdraw cash from your accounts or to pay for purchases with your credit.

Counterfeiting: The fraudster pays for purchases with fake money, cheques, or money orders.

Door to door frauds: The fraudster comes to your door and says “I was driving by and noticed that your roof needs repair.” Or “I have some left- over materials I can sell you at cost.” Or “I’ll need a 50% down payment to purchase materials.” Always check with the Better Business Bureau or a neighbour who has used them before hiring any person to do work on or in your home.

Emergency: The fraudster pretends to be someone close to you and tells you they need money right away due to a fake emergency, such as being arrested and needing bail money, being in a car crash, or having trouble travelling back to Canada.  Grandparents are particularly vulnerable to this type of fraud, as the scammer may pretend to be a grandchild who claims to urgently need money.

False Charities: The fraudster pretends to be a charity (sometimes by using a similar name, thanking you for your past support, or by trying to take advantage of a disaster such as an earthquake or flood). Sometimes the fraudster will go door to door pretending to collect donations for a charity.

Impersonation: The fraudster pretends to be someone or something else for personal gain; for example, someone pretends to be a grandchild or other loved one who needs money.

Investment Fraud: The fraudster misleads you into giving money for business ventures that promise unrealistic profits.  See the Investment Fraud section of our Investor Rights and Protection Guide for more information.

Misleading Job Opportunities: The fraudster promises a large income for easy work, a fee or a start-up investment, or an almost guaranteed job after an expensive course.

Online Auctions, Lotteries, and Contests: The fraudster tricks you into purchasing items of little or no value, or into buying tickets or prizes that do not exist or have little value.

Contact the Canadian Anti-Fraud Centre and Consumer Affairs Canada for more information about current scams, including COVID-19 scams 

If it sounds too good to be true, it usually is. Here are some things you can look for that will sometimes point to a scam:

• contact from strangers looking to offer you a deal
• over-excited callers using a lot of pressure
• people pushing you for immediate answers or confirmation of a deal
• people who insist that you not tell anyone else about the deal
• people who discourage you from getting any advice or advice only from a person they suggest
• any deal in which what you earn will be based on how many people you involve in the deal
• people who will not send you any information until you give them money or information
• any deal where must pay a fee or buy something before you receive a prize, credit, or product that you did not order
• prices so low they are unreasonable compared to their true value
• any reward, prize, or payment (usually very large) you are promised in exchange for your banking information
• contact from people, businesses, or creditors that you do not know
• people claiming to represent a charity that you do not know or that has a name very close to a charity that is well-known
• companies that try to sound like a well-known agency or company
• people contacting you for your credit card, calling card, banking information, or social insurance number
• any claim that you have won a prize for a contest you have not entered
• people saying they are calling from your bank and asking you to provide information about your account to help them catch a fraudster

Identity theft is getting your personal information and using it to steal from you.  Identity theft is now the fastest-growing fraud. 

Personal information might include your address, date of birth, social insurance number (SIN), credit card or bank card numbers, personal identification numbers (PINS) and pass codes, and driver's license numbers.  If identity thieves get your personal information, they may:

• take money out of your bank accounts
• charge purchases to your credit cards
• apply for new credit cards or loans in your name
• buy expensive items on credit in your name.

In extreme cases, identity thieves not only collect personal information about you, but they may also watch you. They learn about your friends and family members, and learn your personal weekly routine.  Then they decide how best to take advantage of you.  Sometimes they pretend to be stranded family members who urgently need money.  Sometimes they pretend to be you and arrange to mortgage or sell your house.

Here are some of the ways identity thieves can get your personal information. They may:

• steal it from your wallet or purse, home, mailbox, workplace, vehicle, or computer
• go phishing, which means sending you an email threatening serious consequences if you don’t update information on a website at once. This gets you to go to the website so that they can get personal information such as passwords and access codes from you.
• pretend to be someone entitled to request information (such as a government official, bank employee, landlord, creditor, or employer)
• collect it from your garbage. For example, bank and credit card statements, copies of credit or loan applications, financial statements, and tax returns.
• redirect your mail, open it, and then put it in your mailbox
• rig automated teller machines (ATMs) and debit machines so your debit or credit card number and PIN can be read
• shoulder surf — hang around your shoulder to watch as you punch your access codes and passwords into ATMs, debit machines, telephones, and computers
• buy or trade customer mailing lists
• search obituaries, phone books, directories, and other public records
• place false advertisements for jobs to obtain your résumé and contact information
• pretend your personal details are needed to claim a prize or lottery winnings
• use letterhead that looks like it comes from a government department or financial institution to get personal information from you

 

The best way to protect yourself from fraud is to be informed and alert.

• Protect your personal financial information. Do not give any of your banking or credit card information to anyone you do not know and trust. Do not write down your PIN.
• Cover the keypad or keyboard when you are entering your passwords and passcodes, and look around you to make sure that no one is looking over your shoulder.
• Check before making purchases when you are not dealing face to face with someone you know, ask for a name and contact information, and make sure the person is who they claim to be.
• Get at least two written quotes for all repair work; ask for references and check them; check for complaints at the Better Business Bureau; and don’t agree to pay all the money up front.
• Be aware that police and financial institutions never call or email you to ask for your bank card information, credit card details, or banking details.
• Do not provide more personal information than is necessary for your business.
• Only give your SIN when absolutely necessary, and do not carry your SIN card with you. Businesses such as stores should not be asking for your SIN number.
• Do not give your address and phone number unless there is a good reason.
• Carry only the documents and cards you need.
• Do not leave your purse or wallet unattended.
• If you are paying by debit or credit card, make sure that your card number does not appear on the receipt.
• If you are paying with a debit or credit card in a restaurant, keep your card in sight. Arrange to pay at your table or go with the server to process the card.
• Shred receipts and copies of papers you no longer need such as bank statements, tax returns, credit applications and statements, receipts, insurance forms, and credit offers you get in the mail.
• Do not leave personal information sitting around at home, in your vehicle, at your workplace, or on your computer.
• Keep important documents such as your birth certificate, tax returns, and social insurance card in a secure place.
• When you receive renewal documents and cards, destroy the old ones and sign the new ones right away.
• Know when your credit card and financial statements and utility bills are supposed to arrive in the mail.
• Keep credit card, debit card, and ATM transaction records so you can match them to your statements.
• Check your bank and credit card statements carefully to make sure that there are no withdrawals or charges that you were not expecting.
• Update your credit cards to ones that have the latest security features, for example, “chip cards” which require a PIN because they are embedded with a micro-computer chip.
• Let your credit card company know when you are leaving the country. Your credit card company should contact you if there is unusual activity on your card such as stays at international hotels.
• Lock your mailbox.
• Pick up your mail promptly.
• Do not pick pass numbers (for your credit card, bank account, etc.) that refer to your personal information (like your birth date or SIN).
• Do not pick passwords that can be easily be guessed such as the name of your pet.
• Use spyware filters, email filters, and firewall software on your computers.
• If you use secure internet sites for financial transactions, follow security instructions when you enter and leave the site. Under the “Tools” section in your web browser, click “Clear Recent History” when you are done.
• Be sure all personal information is deleted before you sell, recycle, or discard your computer. You may have deleted files, but the information may still be on the hard drive.
• Consider signing up with the National Do Not Call List, which prohibits most businesses that you don’t deal with from contacting you by phone.

If you suspect that you are the target of fraud, do not deal directly with the person you think is trying to deceive you.  Do not agree to provide further money to get your first payments back or to keep a deal open.

You can contact your local police or RCMP detachment and the Canadian Anti-Fraud Centre. You may also report the crime online through some of the websites listed at the end of this section under "More Information".

You should also contact Equifax Canada and TransUnion Canada. They are credit reporting agencies. They can place an alert on your account so creditors must call you before opening any new accounts or changing your existing accounts. Also, ask them to send you a copy of your credit report so you can see if an identity thief has opened any new accounts or debts in your name.  The Financial Consumer Agency of Canada has information about credit reports, and credit reporting agencies.

If you have been the victim of fraud, you must contact the financial institutions and credit card companies where you have your accounts. Tell them what happened and have them freeze your accounts. If the fraud has affected your account, it must be closed. You will need to open new accounts.

You should contact the police or RCMP to report that you have been the victim of fraud, no matter how small your loss may be. They may start an investigation.

You should also contact Equifax Canada and TransUnion Canada. These credit reporting agencies can place an alert on your account so creditors must call you before opening any new accounts or changing your existing accounts.  The Financial Consumer Agency of Canada has information about credit reports, and credit reporting agencies.

Report the fraud to the Canadian Anti-Fraud Centre.

If your government-issued documents were lost or stolen, contact the department, explain what happened, and ask for new documents. You will likely need to do that in writing.  Contact Service Canada at 1-800-206-7218 if your social insurance number (SIN) has been stolen.

If you think your mail is being stolen or redirected, contact Canada Post at 1-800-267-1177 or canadapost.ca.

• Know the source. This means checking into a website before handing over any personal information — especially personal financial information. This doesn’t mean you can’t shop or surf at unknown sites, but make sure you’ve done your homework before exchanging information.
• Read your email carefully. Many fraudulent offers come in the form of e-mails because the Internet makes it possible to send thousands at a relatively low cost. Use a mail program that allows you to screen out these mass mailings, and you’ll spend less time with your finger on the delete key.
• Deal only with reputable organizations, and don’t give out personal or financial information unless you are sure you’re in a secure environment. Don’t judge reliability by how nice or sophisticated the website may seem.
• Be careful at auction sites, one of the areas that generate a lot of complaints.
• Understand as much as possible about how the auction works, what your obligations are as a buyer, and what are the seller’s obligations.
• Find out what the website/company does if a problem happens and consider insuring the transaction and the shipment.
• Learn as much as possible about the seller, especially if the only information you have is an e-mail address. If it is a business, check the Better Business Bureau where it is located. Examine the feedback on the seller. Remember because of the difference in laws, it may be much harder to solve a problem if the seller is located outside Canada .
• Find out if shipping and delivery are included in the auction price or are additional costs. If they are extra, find out exactly how much you’ll be charged.
• Don’t give out your social insurance number or driver’s license number.
• Don’t give out your credit card number(s) online unless the site is secure and reputable. Sometimes a tiny padlock appears on the screen. This symbolizes a higher level of security to transmit data. While not a guarantee, it may might provide you with some assurance.
• Don’t invest in anything you are not absolutely sure about. Do your homework on the investment to make sure that it is legitimate.
• Be sceptical of individuals representing themselves as Nigerian or foreign government officials asking for your help in placing large sums of money in overseas bank accounts.

For more information, including ways to protect yourself from fraud:

• Contact the Canadian Anti-Fraud Centre (CAFC) online, or call 1-888-495-8501.  The Canadian Anti-Fraud Centre (CAFC) is the central agency in Canada that collects information and criminal intelligence on issues like  mass marketing fraud (e.g., telemarketing), advance fee fraud (e.g., West African letters), Internet fraud and identification theft complaints
  
  
• COVID-19 Fraud information from the Government of Canada and the Canadian Anti-Fraud Centre
  
  

• Legal Information Society of Nova Scotia Investor Rights and Protection Guide: legalinfo.org/guides/investor-rights-and-protection-guide/ 

• Financial Consumer Agency of Canada: Information about identity theft, types of fraud, counterfeit money and other threats or scams; protecting yourself from fraud; reporting fraud
  
  

• Report suspicious or unsolicited emails (e.g. phishing, malware, deceptive marketing, etc.) to the Spam Reporting Centre

• Get Cyber Safe : Federal government site all about staying safe online, for individuals and businesses: getcybersafe.gc.ca
  
  
• Contact Service Canada at 1-800-206-7218 if your social insurance number (SIN) has been stolen
  
  
• Little Black Book of Scams:  easy to use reference guide filled with information Canadians can use to protect themselves against a variety of common scams from Consumer Affairs Canada.  Consumers and businesses can consult The Little Black Book of Scams to avoid falling victim to social media and mobile phone scams, fake charities and lotteries, dating and romance scams, and many other schemes used to defraud Canadians of their money and personal information
  
  

• Competition Bureau of Canada: An independent, federal government agency concerned about competitive markets and consumer information. It investigates complaints and enquiries from the public about consumer issues such as deceptive product labelling and price fixing. Website: competitionbureau.gc.ca

• Royal Canadian Mounted Police, Scams and Frauds page: rcmp-grc.gc.ca

• National Do Not Call List (Canadian Radio-Television and Telecommunications Commission): If you have complaints about a telemarketer, or wish to register a number on the Do Not Call List. Website: lnnte-dncl.gc.ca
  
  
• Service Nova Scotia consumer information from Nova Scotia government
  
  
• Better Business Bureau of the Atlantic Provinces: Tips for consumers; Check out a business or a charity; File a complaint; Information for businesses.

 

Asset – A legal term for property. This can mean anything of value, such as a house, vehicle, or bank account.

Cohabitation agreement – A contract between common law spouses which sets out the details of property ownership, how property will be divided upon separation, and any support obligation between the spouses.

Common law relationship - A common law relationship occurs when two people live together in a 'marriage-like' relationship. This means that they are not married but they share a home, refer to themselves in public as spouses or partners, and share things like bills and other finances.

Consent - Before engaging in sexual activity with someone, the law requires that you take reasonable steps to be sure the other person agrees freely.

Joint tenancy – Joint tenancy means that two or more people own property together, such as a house or bank account. The owners have equal right to use and control the property. If one owner wants to sell the property, any other owners must agree.

Marriage contract – A contract between legally married spouses which sets out the details of property ownership, how property will be divided upon separation, and any support obligation between the spouses.

Registered domestic partnership – Any two people who are living in a common law relationship can register their relationship with the province as a registered domestic partnership. This gives common law partners many, but not all, of the same rights as married spouses.

You can find more information on registered domestic partners at https://novascotia.ca/sns/access/vitalstats/domestic-partnership.asp.

Tenancy in common – A tenancy in common means that two or more people each own part of a shared asset. Their shares may not have the same value. Each owner can use their share how they like or sell it without permission from any other owner.

There are many ways to meet a new person for a potential friendship or intimate relationship. Many older adults meet new friends by joining groups or taking part in activities. Often these activities are offered by community health, municipal recreation programs, cultural, faith or interest-based organizations, or at seniors' homes. Here are some suggestions to help you find out about activities in your area:

• ask your friends, family, health care provider, cultural or faith-based connections
• search online for local organizations or events using the name of your community and the province of Nova Scotia as part of your search
• contact 211 and ask about groups in your area and other resources available for seniors.

Some people meet online. Online dating sites or apps have different purposes. Some aim to help connect people for a friendship, others focus on making a potential love match, and others are about finding a ‘no strings attached’ sexual encounter.

Some online dating sites or apps are free, others have a fee. Before you pay, read the ‘terms of use’ carefully to make sure you understand the contract terms and costs (for example, cost for one month or a year) and how to cancel if you wish.    Turn off any "auto renew" feature so you are in charge of your money commitment to the site or app.

Sometimes people register with websites who offer to share your information with people near you who have similar interests. You will get potential matches and it is up to you to message a match to introduce yourself. If you give your permission, the potential match may message you first.

Some people use dating or matching apps on their phones or other devices to meet someone. Here the potential match is often based on a photo, with a little background information about the person. If the person seems like a potential match you can ‘swipe right’ to share your photo and background information. The person may then text you to learn more about you. If someone makes a connection based on your photo and background information then you can choose to text the person or not.

Here are some things you can do to protect yourself when you make an online dating profile:

• Find out if the website or app has a privacy policy.  What will the company do with your information and who do they share it with? Can you limit the information they share? Who can you contact if there is a problem?  How do you report it if you are suspicious about someone who is on the website or app?
• Speak with someone you trust about the culture of using matching apps to help understand how it works and the expectations of those who prefer one app over another.  What are users looking for and is that what you are looking for too?
• Do not give out your address, workplace, phone number, or other private information in your profile
• Look at other profiles for people who are using the website or app and, if reasonable, use their profile as a template for your profile
• If you choose to share a photo consider what other information is in the photo before you upload. For example, does the photo show your house with street number.  Does it show other people such as grandchildren?
• Ask someone you trust to review your profile and make sure that it tells a story about you that you want share with other people, and does not reveal private information.

You control who you communicate with and what information you share with other people about yourself and your family. Even after you make a connection wait for the friendship to grow before you share a lot of personal information. For example, don’t share your home address or home telephone, or details about your children and family unless you are sure it is safe and you feel comfortable providing those details. 

While many people meet romantic partners online, there are fraudsters who try to take advantage of these situations. Someone you meet online may not be who they say they are.  A fraudster may create a fake online identity to trick someone into providing personal information. This is called “catfishing”.

Do an online search for other information about the person, using their name, recent or past places they lived, worked etc. Do a search for their profile on social media like Facebook and Instagram. See if the information they have told you is consistent with your research.

• Do not reveal too much personal information until you get to know the person better.
• Never send money or give information about your finances.
• Use a cell phone number or a service like Google Voice. Do not give out a home phone number that is listed in the phone book because the person can search it to find out where you live. Do not give out a work number because the person can search it to find out where you work.
• If you are comfortable, use a video chat such as Facetime or Zoom to meet the person virtually before meeting in person.

Many public libraries and community centres in Nova Scotia offer free computer courses to help you learn more about using technology and the internet. You can also go to getcybersafe.gc.ca under 'Seniors Online' for more information about staying safe online.

Until you get to know your new friend better, here are some things you can do to help you stay safe:

• Do your research to find out if the person is who they say they are.
• Consider going out with a group of friends.
• Arrange to meet in a public place such as a café. Stay in public.
• Stay sober.
• Suggest a morning or early afternoon meeting during the day when people are more likely to be around you.
• Do not offer to pick the person up in your car, and do not arrange to have them pick you up at your home.
• Tell someone where you are going and arrange to call that person when you get home.
• Do not tell your new friend about your finances.
• Do not lend money.
• Be wary if the person tries to talk you into investing in a scheme.
• When together, don’t give them your phone or leave your phone where they could access it.  The person could change settings on your phone – for example there are apps on phones that show your location and in the app you can give permission for others to get your location information directly from your phone. If the person has permission they can know where you are throughout the day.  If you are worried the setting has been changed on your phone go to your carrier’s kiosk at a mall or store and ask the employee to check your phone for you.

If you decide to meet in-person, meet in a public place.  Trust your instincts ('your gut').  If the person makes you uncomfortable or unsafe, or asks too many personal questions, end the conversation and leave. Some people feel they must stay on the phone or continue an in-person meeting even if they are not enjoying themselves or feel uncomfortable or unsafe. It is okay to say you need to go. Depending on how you feel, you can try meeting the person another time, or simply say the friendship is not working for you. You do not need to explain why you are ending the friendship. If the person does not respect your decision, you can block their number, refuse to answer their calls, walk away if you see them in public. If you are in danger call the police. If you are not sure if you are in danger talk to someone you trust (for example, police non-emergency line, a transition house, victim services).

When starting a new relationship, it is important that both people are open and honest about what they are looking for in a partner. Some people may be interested in starting a relationship that includes sex, while others may be looking for companionship and nothing more.

Ideas about consent and sex in a relationship may have changed since the last time you dated. Consent is part of a healthy relationship. Sexual activity without consent is against the law. It is important to understand what consent is and to be clear about giving or not giving consent.

Consent means freely and voluntarily agreeing to take part in sexual activity, like touching, kissing, or having sex. There must be consent to engage in sex or sexual activity. Consent must also be ongoing. Consent must be clearly and freely given at all times and for every sexual activity between the people engaged in the activity. Consent means talking openly with the other person to make sure they want to engage in any kind of sexual activity and repeating this conversation if there is any sign that the other person wants to stop the sexual activity. Anyone can say no to any activity at any time.

Words or actions can show that a person does not consent to sexual activity. Actions like struggling or trying to leave a situation show that a person does not consent. Agreeing to sexual activity on one occasion does not mean that a person agrees to that activity again in the future. A person who is impaired by drugs or alcohol may not be able to give consent or continue to give their consent.

Sexual assault is a sexual act or touch that you do not consent to. This includes kissing someone or touching their body parts without their consent, forcing someone to have sex (also called rape), or torture of a person in a sexual way.

Sexual assault is a crime even if you are not physically hurt.

You can find out more about consent at breakthesilencens.ca.  If you have been involved in sexual activity where you did not give your consent there are supports available to help.  You can go to breakthesilencens.ca to find out about supports near you.

If you are thinking about sex with a new partner, talk with your partner about safe sex. Sexually transmitted infections (STIs) are becoming more common among older adults in Canada, but you can protect yourself. You can talk with your health care provider or do some research. Go to www.shns.ca/ (Sexual Health Nova Scotia) or 811.novascotia.ca, or call 8-1-1.  811 is a confidential health line that provides access to registered nurses 24 hours a day, seven days a week.

The Intimate Images and Cyber-protection Act aims to protect people from being bullied online, or from having private intimate images of themselves shared without their consent. Cyber-bullying is when someone uses electronic communication, like email, text messaging or social media, to harm your health or well-being. They might be doing this on purpose to hurt you or they might not care about hurting you.

Examples of cyber-bullying:

• creating a website, blog or profile that takes your identity
• sharing sensitive personal information or breaking your confidence
• posting private intimate images without your consent
• threatening, intimidating, harassing or scaring you online
• making false statements about you
• communications that are grossly offensive, indecent, or obscene
• encouraging you to commit suicide.

Cyber-bullying can also include encouraging or forcing someone else to do these things.

The law also protects you if someone distributes a private intimate image of you, such as a photograph, film, or video, without your consent. An intimate image is one that is private, shows sexual activity or nudity or partial nudity. It is an image you have good reason to think will stay private.

For example, without asking you and to try to hurt you, your former partner posts a private, sexually explicit, intimate picture of you on Facebook that you had good reason to think was going to stay private.

A cyber-protection order can order the person to stop the bullying and/or sharing of images, and do things like:

• stop the person from contacting you
• order that they take down or disable access to an intimate image or communication about you; and/or
• award damages to the victim.

You apply to the Supreme Court of Nova Scotia for a cyber-protection order. You can apply with a lawyer’s help or on your own. A parent or guardian of a victim under the age of 19 can also apply to Supreme Court for a cyber-protection order. You can get information about applying to the Supreme Court of Nova Scotia for a cyber-protection order at courts.ns.ca.

Cases under this law have been heard at the Supreme Court in Nova Scotia. When cyberbullying is found the court may order the offender(s) to pay money to the victim. The amount could be significant.

Nova Scotia’s CyberScan Unit oversees Nova Scotia’s Intimate Images and Cyber-protection Act and can give you help and information, including about applying to court for a cyber-protection order. Contact CyberScan at novascotia.ca/cyberscan/ or call 902-424- 6990 or 1-855-702-8324.

You can also contact the police if you are being harassed online.

Many older adults are dating, sharing time between each other’s homes, moving in together, or planning to get married. If you are thinking about moving in with another person in a common law relationship, or are planning to get married, it is important to have an open and honest discussion with your partner about your financial future together.

Here are a few suggestions, depending on your age and health:

• Are there any agreements or court orders that require one or both of you to pay spousal or child support to another family? If so, is there an end date?
• What is each person’s monthly and annual income – pension (private, government), dividends, investments, etc. How secure is each source of income?
• Make a list of each person’s assets and debts, including any assets or debts with other people (such as children)
• Are there any outstanding property issues with a former partner?
• Where will you live and how will the bills be paid?
• Is there a current or future expectation to care for another person such as an aging parent or vulnerable child?
• What will happen if one person becomes ill or unable to provide their own personal care?
• What will happen if one person has to move to a senior’s home or long-term care facility and the home where you live at is not in your name?
• Does one or both of you have medical and dental coverage? If so, is it possible to name the other partner as a beneficiary on the plan? What is the cost to do so?
• Does one or both of you have life insurance? Who is the current named beneficiary? Is it possible to change this in the future?
• If you separate how will you share your property, if at all?
• If you separate will one person pay support to the other?
• If you have been together for a while – what are your estate plans?
• Other issues that you need to know to make plans for your future (have these ready in advance of your discussion)

Depending on your situation it is a good idea to speak with a lawyer about your rights and responsibilities before you move in with someone or marry.

No. Dating someone does not give them any rights to your property. You do not have to support each other financially.

Talk to a trusted friend, relative, or trusted financial advisor if the person you are dating asks you to loan money to them or someone else, or to share in the cost of a major purchase, or sign as a co-signor on a joint lease or loan.

It is always best to have a written agreement before going into debt or loaning money to anyone. An agreement may include:

• the name(s) that will be on the title papers for the item (for example: registration, deed)
• the name(s) that will be signed on the loan paperwork between you and the person and/or with the bank
• who will be responsible for upkeep and repairs, insurance, and loan payments for the item?
• is there any security? For example, what guarantee do you have that you will be paid back?
• under what circumstances the item may be sold and how the profits or losses will be shared.

It is always a good idea to speak with a trusted financial advisor or a lawyer before you agree to loan money to anyone, or make a major purchase with anyone.

Being in a common law relationship is not the same as being legally married. For example, unlike married couples or registered domestic partners,  common law partners do not have an automatic right to half of each other’s property if they separate or if one of them dies without a will.

The length of time it takes to establish a common-law relationship is different for different purposes. For example, the Canada Pension Plan says that to be a common-law partner you must live with your partner for at least one year. Some other laws do not consider you to be in a common-law relationship until you have lived with your partner for two years. If you live with a partner and depend on them for financial support, they may have a legal duty to support you if the relationship ends. But there is no guarantee that this will be the case.

Generally, when a common-law relationship ends, each partner keeps what they brought into the partnership. Things you bought together should be shared. However, in real life, it is not always easy to sort out who paid for what. 

If you and your partner cannot agree on how to split up your property when you separate, you may apply to the Supreme Court (Family Division) for a court order to divide the property. In every case, you should have legal advice about property division and any claim for support.

Estate law does not give the same rights to common law partners as it does to married spouses and registered domestic partners. 

If you die without a will, or you have a will but it is not legally valid, your property goes to the people considered to be your nearest relatives as listed in the Intestate Succession Act. The Intestate Succession Act lists these people in order. Intestate means “without a will.” The Intestate Succession Act distribution list does not include your common-law partner. Your common law partner will not automatically inherit your property or money that is only in your name. Your common-law partner may have to go to court to make a claim on your estate and may not be successful. The distribution list does include your married spouse, or your partner if you have a registered domestic partnership.

If you plan to move in with your partner, you should talk to a lawyer about how this might change your situation. It is a good idea to review your estate plan, including your will, the names of your beneficiaries, personal directive, and power of attorney. It’s also good to think about writing a cohabitation agreement.

You should review your estate plan with a lawyer again if you get married.  Go here for more information about Wills and estate planning.

If you are married or you are considering marriage then it is important to know that married people have different rights. You can find more information about family law rights and responsibilities for married and common law couples at nsfamilylaw.ca or legalinfo.org.

Two people who live in a common-law relationship can register their relationship with the province. This is called a registered domestic partnership. It gives common-law partners many of the same rights as married spouses.

You can find more information on registered domestic partnerships at novascotia.ca/sns/access/vitalstats/domestic-partnership.asp

If you and your common law partner buy something together, such as furniture or a car, you both own it. If you buy something on your own, it remains your property. Keep proof of payment (such as receipts) and write down who paid for the item. If you own a home or land, or have investments or other significant assets, you may want to have a cohabitation agreement prepared. 

You should ask your lawyer about a cohabitation agreement.  A cohabitation agreement is a written agreement between you and your partner that sets out your rights and responsibilities to each other. This can include who owns property and expensive goods, how property will be divided if you separate, and what responsibilities you have to support each other.

If you decide to get married, you could have a marriage contract. This is an agreement between two married people that sets out who owns what property. This type of contract is often called a pre-nuptial agreement, or 'pre-nup' for short.   Most cohabitation agreements become marriage contracts if the parties get married, but the agreement must be clear that the parties wanted this when they signed the cohabitation agreement.

It is not a good idea to use a do-it-yourself kit to do a cohabitation agreement or marriage contract. If you do it without lawyers you may permanently give up property or your rights to property or support in the agreement. You need a lawyer to write your cohabitation agreement or marriage contract. Your lawyer will explain how your agreement or contract will affect your rights and responsibilities. You should each talk to a different lawyer.

It is also important that you each have a will and a good estate plan, even if you have a cohabitation agreement or marriage contract. 

Many couples keep some of their money separate by having their own personal accounts as well as a joint account. They use the joint account to pay household bills and purchases they make together. 

Joint tenancy is the most common type of joint account for couples.  This means the account holders have equal right to use and control the money in the account.  At any time either person may deposit or take out some or all of the money from the account. The joint owners are also responsible for overdraft and other bank fees for the account.  When you separate or divorce, the money must be divided equally, even if one person contributed more or less than the other. When one of the owners dies, the other spouse automatically owns all the money in the account. This is called right of survivorship.

Talk to your bank if you want to have a joint bank account with another person and you do not want to have joint ownership of the money, or joint responsibility for overdraft and other bank fees.

It is also a good idea to talk with your bank about what will happen to the money in the joint account if one of the joint owners dies.  Make sure it is what you want. For example, will the surviving owner continue to have access to the account? Will the surviving owner automatically own all the money in the account? Will the account be frozen by the bank until the estate is dealt with? What will happen to any automatic deposits into the account and/or bill payments?

If you have or want to set up a joint account with someone other than your spouse or minor children, such as with an adult child, it is a good idea to see a lawyer who does estate planning.  A lawyer can help you make sure your estate is set up the way that you want, including who will benefit from a joint account when you die.

The Financial Consumer Agency of Canada has more  information about Joint Accounts, including a publication called "What every older Canadian should know about: Power of attorney (for financial matters and property) and joint bank accounts"

Pension benefits may be regulated provincially or federally. Your pension plan will be governed by federal laws if you work or worked in a federally regulated industry such as banks, interprovincial communications, and interprovincial transportation. Employees of the provincial government, teachers, and federal public-sector employees are covered by separate acts relevant to their pension plans.

When you die, any benefits payable from a pension plan, locked-in retirement account, or life income fund will be automatically payable to your spouse or common-law partner. If your marriage or common law relationship ends, your pension funds may be divided with your partner. This applies if your marriage or common-law relationship ends while you

• are a member of a pension plan 
• have a locked-in retirement account or life income fund or 
• are receiving a pension from a pension plan

The Nova Scotia Pension Benefits Act defines spouses as:

• Legally married people
• Individuals who have cohabited for one year if both are not married to someone else, or three years if either of them is married to someone else
• Registered domestic partners

You can read more about pension benefits at https://www.novascotia.ca/finance/en/home/pensions/default.aspx.

Your partner is entitled to your pension death benefit if they qualify as a spouse under the provincial or federal law that regulates your pension. If you do not have a spouse when you die, the death benefit will be paid to the person listed with your pension regulator as your beneficiary.

Whether you are married or in a common law relationship, you are only responsible to creditor(s) for another person’s debts if:

• your name is on the contract, like a car or apartment lease
• you co-signed a loan for your partner or spouse
• you signed a contract agreeing to pay the loan if they could not.

However, if your spouse applies to the court for a division of debts after you separate, the court may order you to pay something if you can.  You and your former spouse may also agree to share responsibility for debts after you separate.

If your partner or spouse dies, their debts must be paid from any assets they owned when they died. This may include their share of an asset they owned with you or someone else. If they did not own enough property to pay off the debt, the lender must write off the debt.

You should look at your will from time to time to make sure it still says what you want and that it still applies to your situation.  You should also review beneficiary designations.

If you get divorced, your will as a whole is still valid, but any gifts to your ex-spouse will not be valid. In this situation, the gift will go to any other person you have named. You should update your will if you get divorced. You may also wish to make different arrangements for the people you want to inherit if some of the property you intended to leave them has been divided with your ex-spouse.

If you get married, you will need to make a new will. Any will you made before your marriage will become invalid when you marry unless the will says that you plan to marry the person named in your will.

If you move in together and you want your common-law partner to have something of yours when you die, you must update your will or make a new will.

Do not change your will by marking or crossing out words in the will. This may cause significant problems. It is much safer to make a new will. For more information, see the page on Wills.

Family law information:  www.nsfamilylaw.ca or www.legalinfo.org

Wills and estates information: www.legalinfo.org

CyberScan: for information and help if you are being bullied online, or by text or email. Contact CyberScan at novascotia.ca/cyberscan/ or call 902-424-6990 or 1-855-702-8324.

Financial Consumer Agency of Canada: Information about credit and debt, including rights and responsibilities of joint borrowers and joint accounts. Go to canada.ca/en/financial-consumer-agency.html

A lawyer in private practice.  It is always a good idea to speak with a lawyer about legal ssues such as a cohabitation agreement, marriage contract, pension law, property division, separation or divorce, and estate planning.  Go here for ways to find a lawyer.  

Nova Scotia Legal Aid: go to nslegalaid.ca, or call Legal Aid at 1-877-420-6578.

Supreme Court of Nova Scotia: go to courts.ns.ca for court locations and contact information, or look under Courts in the telephone book.

General legal information & referrals
Legal Information Society of Nova Scotia (LISNS)
Legal Information:
902-455-3135
1-800-665-9779
www.legalinfo.org (with live chat)
Email: [email protected]

You can raise your grandchild without any formal agreement or court order. Although it’s not required, you can ask the parent to write a letter to you in which they make you the child’s guardian. This type of letter can be helpful.  

It is best to get consent from both parents, but you can go forward with the consent of only one parent. There are some situations where getting consent from both parents is impossible. For example, the other parent may be unreachable, or they may disagree with the plan for the child. 

If the other parent disagrees with the plan, either of you can apply to Family Court to get an order to resolve the dispute.  

You may also choose to apply to court if you want a formal agreement or court order to confirm your decision-making responsibility for your grandchild. If you apply to Family Court, you first need to ask for the court's permission to go ahead with your application. You must explain why it is in your grandchild's best interests to proceed.

You must notify the child’s other parent of your court application. They can respond to the application and ask for decision-making authority for your grandchild. They would be considered first in line to raise the child unless they are unsuitable as a parent.

Anyone, including a grandparent, with decision-making responsibility for a child can apply to court for child support.

If you care for your grandchild in your home, you may also qualify for government tax benefits like the Canada Child Benefit. Get information from the Canada Revenue Agency (CRA) or call 1-800-387-1193.

No. The person who gives birth is the child's parent, regardless of the birth parent's age. 

If your child is under the age of 19 and still lives at home, you have a legal duty to support your child. You do not automatically have a legal duty to support your grandchild. However, if your child and grandchild live with you and your child becomes unable to parent (for example, if they die or get seriously ill or go to jail), you would have a legal duty to support your grandchild at that time. 

If you cannot care for your grandchild, contact trustworthy family members to see if they can help. If no one can care for the child, contact Child Welfare Services in your area. 

The law does not say parents must allow their child to spend time with grandparents. Most of the time, grandparents have a good relationship with their family and can spend time with their grandchildren through one or both parents. If not, they can apply to Family Court to get a court order for contact time. 

Decision-making responsibility (used to be called “custody”) describes who makes important decisions for a child. This includes a child’s health, education, culture, language, religion, spirituality and activities outside of school. 

Custody
The courts now talk about “decision-making responsibility” and “parenting time” instead of custody.

Parenting time is time a child spends with a parent or guardian because of a court order or agreement. It used to be called “access.” 

Contact is a child's time with someone other than their parent or guardian because of a court order or agreement. This can be a grandparent or anyone close to the child. 

Interaction in family law is when a parent or guardian communicates with a child outside of parenting time or contact. Interaction includes:

• phone calls, emails or letters
• sending gifts or cards
• attending school or other activities
• receiving copies of report cards or school photos
• video chats.

An agreement or court order that uses the terms custody or access stays in effect until it is changed (“varied”) with a new agreement or court order. You do not need a new agreement or court order just because legal language has changed. 

You should avoid court if possible. Mediation, negotiation or family counselling might help you avoid going to court. If they don’t work, you can apply to court.

Negotiation is a less formal way of discussing issues that carers disagree with. It can help them to reach an agreement. You can try to negotiate with your grandchild’s parents on your own or with the help of someone else, like a lawyer.

Mediation is a way of settling disputes and reaching an agreement. A mediator is a neutral, independent, objective person trained to do this work. Mediation can help if you and your grandchild’s parents can’t agree on decision-making responsibility, contact or interactions.

A mediator will meet with the people involved, talk about the issues and help them come to an agreement. Mediation is voluntary, and everyone must feel comfortable with the process.

You can find private mediation services online or in the telephone book. You can also find a mediator through Family Mediation Canada. The court might also refer you to a mediator through the family court process.

Collaborative law involves specialist lawyers helping participants work together to reach an agreement. Everyone must agree at the beginning about not going to court. You can find a trained collaborative family lawyer and get more information online at collaborativefamilylawyers.ca.

Joint family counselling allows both sides to talk about their differences. It can help each other understand why a relationship between a grandparent and a grandchild is being blocked.

No matter what approach you take, it is important to get independent legal advice from your own lawyer before you sign the agreement.

If the person who cares for your grandchild prevents your court-ordered contact or interaction, you should first try to work out an arrangement with them. Avoid involving the police or the court if possible.

If this is not possible, you can try family counselling to find out why they are preventing contact.

You can ask a lawyer about section 41 of Nova Scotia’s Parenting and Support Act which may help with enforcement. You can also apply to court to take steps to enforce the order.

It is best to speak with a lawyer before deciding what to do.

If you wish to apply for decision-making responsibility (custody) for your grandchild, you must ask for the court’s permission under the Parenting and Support Act or the Divorce Act. You must also explain why you are asking and what role you play or have played in your grandchild’s life.

Grandparents applying for contact or interaction under the Parenting and Support Act do not need to ask the court for permission.

You can start an application for decision-making responsibility, contact or interaction with a lawyer’s help or on your own. Generally, you must apply to the family law court closest to where the child lives.

It is a good idea to talk to a lawyer if you are considering going to court.

Legal Aid: If you cannot afford a lawyer, apply to Nova Scotia Legal Aid (nslegalaid.ca) or contact your nearest Legal Aid office using the telephone book.

Family lawyer: You can hire a lawyer who does family law. 

Self-representing: If you do not have a lawyer, you can ask court staff for information about the documents you must file or go online to nsfamilylaw.ca to find out where to start. You can find an online guide to making a court application at nsfamilylaw.ca/court-forms/application-guides/guide-applying-order.

Summary advice lawyers: You can receive free, brief legal advice if you do not have a lawyer. There are no income criteria. Call the family court for contact information or go to nsfamilylaw.ca.

Intake session: This family law court service will give you information about starting a court application or settling a family law matter outside of court. Intake can happen at the court or online. You must do an intake session before court staff will review your application.

Once you give the court your application and have had an intake session, you may participate in conciliation. This is a form of dispute resolution. A court officer will help decide what issues you need to sort out. They will make sure everyone gives the court the needed documents, and they will try to negotiate a settlement. The conciliator may speak with both sides together or separately.

If you cannot settle your matter, you can ask the court for a formal hearing.

A judge will consider the following when deciding what is in the child’s best interests:

• the child’s needs
• the parents’ or guardians’ ability to provide care and the proposed plan for child care 
• whether the child’s parents or guardians are willing to support contact
• the child’s cultural, linguistic, religious and spiritual heritage
• what the child wants, if they’re mature enough
• the relationship between the child and their parents, guardian, grandparents
• how well the adults in the child’s life talk with each other
• if an order for contact is needed to allow the child to see their grandparents
• whether there is family violence and its effects on the child.

You can apply to the court for a change if there has been an important change in circumstances since the order was made.

This could include changes to:

• parenting arrangements
• where the child lives, which affects your ability to visit your grandchild
• your grandchild’s schedule, if it affects contact or interactions.

Contact the Nova Scotia Department of Opportunties and Social Development office nearest you, or use these toll-free numbers:

• Weekdays, 8:30 a.m.–4:30 p.m.: 1-877-424-1177
• Weekends or holidays: 1-866-922-2434

If a child is abused or neglected, the Department of Opportunties and Social Development will try to keep them in their home and offer services to the parents and child only if the child is safe. If a child is in serious risk of harm, the department may remove them from the home and take them into care (a foster family’s home or in another place). These arrangements are known as the plan of care.

If a child is taken into care, the department must take the matter to court for a judge to review. This must happen within five days, or the child will be returned to their home.

When the department decides that a child will be placed in care, the law about child protection (Children and Family Services Act) says they must be placed with a relative if possible. Grandparents are often asked to care for children while the parents work to solve issues. It could be for a short period or may become permanent.

If there are significant concerns, the child protection case may continue for between 18 months and 2 years to allow enough time for parents to solve the parenting problems. If the parents cannot solve the problems within this time, the court must place the child into permanent care unless there is another plan. Often that plan includes a grandparent permanently caring for a child.

A child who has been placed by court order in the permanent care of the Minister of Opportunties and Social Development may be adopted if the court agrees that it is in their best interest. Generally, the department would have to approve your proposal to adopt your grandchild.

Once a child is adopted, the department is no longer involved. The parents who adopt the child will make decisions about contact with the child’s birth family.

Family Law Nova Scotia: The website at nsfamilylaw.ca offers information for grandparents.

Legal Information Society of Nova Scotia (LISNS): Contact LISNS for free legal information.

Nova Scotia Legal Aid: Your local Legal Aid office is listed under Legal Aid in the telephone book, or you can find them online at nslegalaid.ca.

A lawyer in private practice who does family law. There is information about how to find a lawyer on our website here.

NS Child Welfare Services: novascotia.ca/coms/department/contact/ChildWelfareServices.html

Child Protection: You can also find information about grandparents’ advocacy and support groups online or by contacting NS 211.