The amendment to the Personal Directives Regulations, N.S. Reg. 188/2025 introduces significant changes to how capacity assessments are conducted under the Personal Directives Act. These amendments reflect an effort to broaden the scope of professionals who may perform such assessments and to establish clearer structures for training, oversight, and accountability.

The new provisions repeal certain earlier sections and replace them with a more comprehensive framework. Subsection 2(1) is amended to introduce new definitions, including “assessor,” which refers to individuals designated under the regulations to conduct capacity assessments, and “capacity assessment coordinator,” defined as a person providing capacity assessment training under the direction of the Public Trustee. The previous definition of “physician” is repealed, signaling a shift away from limiting capacity assessments exclusively to physicians. The newly substituted Sections 4 and 5 set out detailed rules for assessments and reassessments of a person’s capacity under the Act. These must now be conducted by a designated assessor in line with the Act, the regulations, and any guidelines issued by the Minister of Justice. Assessors are required to complete the official “Assessment of Capacity to make Decisions about a Personal Care Matter Form” approved by the Minister, ensuring standardized documentation of findings.

Section 4A specifies which health professionals are authorized to act as assessors. Automatically designated assessors include medical practitioners under the Medical Act or related regulations and registered psychologists under the Psychologists Act. Additionally, the regulation creates a pathway for other health professionals to become assessors if they successfully complete capacity assessment training under a designated coordinator. These include registered nurses, nurse practitioners, social workers, occupational therapists, and members of other health professions determined eligible by the Minister, provided they meet set requirements. This expansion acknowledges the expertise of a wider range of professionals in assessing decision-making capacity, while requiring standardized training to maintain consistency and quality. To promote transparency and public confidence,

Section 4B obliges the Minister to maintain and potentially publish a list of all assessors designated under these expanded criteria. Section 4C gives the Minister authority to establish or approve training courses and continuing competence programs to ensure assessors remain up to date in their skills and knowledge. This reflects an emphasis on professional development and maintaining high standards in such sensitive assessments. Section 4D sets out grounds for revocation of an assessor’s designation, including failure to comply with the Act or regulations and any other reasons deemed sufficient by the Minister. This mechanism ensures accountability and safeguards the integrity of the assessment process. Section 5 empowers the Minister to issue guidelines governing how assessments and reassessments are carried out, reinforcing consistency and fairness. Finally, the amendment repeals Form 1, the original “Assessment of Capacity to make Decisions about a Personal Care Matter,” likely in preparation for a revised or updated version more consistent with the new framework.

Nova Scotia (188/2025) October 7, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.