This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2011, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Protection for Persons in Care Regulations

made under Section 18 of the

Protection for Persons in Care Act

S.N.S. 2004, c. 33

O.I.C. 2007-441 (August 17, 2007, effective October 1, 2007), N.S. Reg. 364/2007

as amended up to O.I.C. 2010-457 (December 20, 2010), N.S. Reg. 194/2010


1     These regulations may be cited as the Protection for Persons in Care Regulations.


2     (1)     In these regulations,


                (a)    “Act” means the Protection for Persons in Care Act;


                (b)    “adult” means a person 16 years of age or older.


       (2)    In subsection 8(2) of the Act, “investigation” includes a referral of an allegation of abuse to the appropriate police service and receipt of information concerning the disposition of the allegation from the police service.


3     (1)    Subject to subsection (2), in the Act and these regulations, “abuse” means, with respect to adult patients or residents, any of the following:


                (a)    the use of physical force resulting in pain, discomfort or injury, including slapping, hitting, beating, burning, rough handling, tying up or binding;


                (b)    mistreatment causing emotional harm, including threatening, intimidating, humiliating, harassing, coercing or restricting from appropriate social contact;


                (c)    the administration, withholding or prescribing of medication for inappropriate purposes;


                (d)    sexual contact, activity or behaviour between a service provider and a patient or resident;


                (e)    non-consensual sexual contact, activity or behaviour between patients or residents;


                (f)    the misappropriation or improper or illegal conversion of money or other valuable possessions;


                (g)    failure to provide adequate nutrition, care, medical attention or necessities of life without valid consent.


       (2)    “Abuse” does not occur in situations in which


                (a)    a service provider carried out their duties in accordance with professional standards and practices and health-facility-based policies and procedures; or


                (b)    a resident or patient who has a pattern of behaviour or a range of behaviours that include unwanted physical contact uses physical force against another patient or resident which does not result in serious physical harm, and the service provider has established a case plan to correct these behaviours.

Subsection 3(2) replaced: O.I.C. 2009-76, N.S. Reg. 47/2009.

Designation of health facilities

4     A home that provides supervisory or personal care to 1 or more persons and is approved and funded either by the Department of Community Services as a small-option home or by the Department of Health and Wellness as a community-based option is designated as a health facility under the Act.

Section 4 added: O.I.C. 2010-457, N.S. Reg. 194/2010.
[Note: The reference to the Department of Health has been updated in accordance with Order in Council 2011-15 under the Public Service Act, R.S.N.S. 1989, c. 376, effective January 11, 2011.