Rules for Electronic Health Records

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The Government of Nova Scotia has approved an amendment to the Electronic Health Records Regulations under the Personal Health Information Act, reflecting a series of clarifications and expansions to how electronic health records (EHRs) are defined, maintained, and accessed. This change, formally registered as N.S. Reg. 187/2025 and was enacted through Order in Council 2025-264. The amendment modifies the regulations initially established under N.S. Reg. 132/2024 and aims to establish a more precise and consistent framework for managing electronic health records across the province. At the core of the amendment is the introduction of new definitions that provide clearer guidance on the scope of the provincial EHR system and its related programs. Specifically, the regulation now defines “EHR program or service” as any provincially funded initiative that relies on information contained in the provincial EHR to deliver care or services. The “Provincial electronic health record” is explicitly defined as the system created and maintained by the Minister of Health, or an agent designated by the Minister, which houses patient information collected for the purposes of supporting these programs. Additionally, the term “regulated health professional” is clarified to align with the broader definition provided in the Personal Health Information Act while also recognizing categories of persons designated as regulated professionals for the purposes of the regulations.

A significant portion of the amendments revolves around replacing the more generic references to “an EHR” with the standardized and precise term “the Provincial EHR.” This adjustment appears throughout several key sections of the regulations, including subsections 6(1), 6(3), 6(5), 6(7), 7(1), 7(3), 9(1), and 10(2). The change underscores the intent of the province to centralize the governance of electronic health records under a unified provincial system rather than leaving room for multiple or inconsistent interpretations of what an EHR may entail. By ensuring all references point directly to the Provincial EHR, the amendment strengthens the coherence of the regulatory framework and reduces ambiguity in both administrative and clinical practice.

Another noteworthy update comes in subsection 6(2), which expands the circumstances under which information in the Provincial EHR may be accessed. In addition to existing provisions, the regulation now authorizes regulated health professionals to use the system in the course of providing care to patients. This amendment aligns the regulations with practical realities in healthcare delivery, where frontline professionals require access to timely, accurate, and comprehensive patient information to provide effective care.

By introducing standardized terminology, clarifying roles and definitions, and ensuring that regulated health professionals are explicitly included as authorized users, the province aims to strengthen both the governance and the functionality of its EHR framework. The changes emphasize the centralization of health record management under the provincial authority, ensure consistent application across programs and services, and improve the ability of healthcare providers to deliver coordinated care.

Nova Scotia (187/2025) October 7, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.