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Adult Capacity and Decision-making Regulations

made under

Section 72 of the

Adult Capacity and Decision-making Act

S.N.S. 2017, c. 4

O.I.C. 2017-338 (effective December 28, 2017), N.S. Reg. 179/2017

amended to O.I.C. 2025-169 (effective July 3, 2025), N.S. Reg. 112/2025

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Part 1—Representation Orders and Representatives

Interpretation and Application

Citation

Definitions

Delegation of powers, privileges, duties or functions

Assessors and Capacity Assessments

Designation of assessors

List of assessors

Training and continuing competence

Revocation of designation as assessor

Guidelines for conducting capacity assessments

Duty to advise adult before conducting capacity assessment

Persons present during capacity assessment

Time and circumstances of capacity assessment

Determining whether adult capable of making decisions

Applications for Representation Orders and Reviews of Representation Orders

Representation plans

Content of supporting affidavit

Vulnerable sector check

Capacity at issue on application for review

Applications in accordance with Civil Procedure Rules

Court modifications to procedures

Public Trustee participation in proceeding

Fees, Accounts and Reports

Fee

schedule for compensation of representatives

Accounts and reports for financial matters

Report on disposition of real property

Form of accounts and reports

Payment of capacity assessment fees by Crown

Public Trustee Registry

Information to be maintained in registry

Use and disclosure of information by Public Trustee

Part 2—Complaints

Interpretation and Application of

Part 2

Definitions for

Part 2

Protection and involvement of represented adult

Authorizing officer or employee to act for Public Trustee

Complaints Process

Making complaint

Public Trustee to refer complaint

Investigation of Complaint

Duty to investigate complaint

Notification of investigation

Powers of investigation

Copies of records

Court order to produce records

Order from justice to enter premises

Confidentiality and privilege when producing records[,] etc.

Public Trustee powers to immediately protect represented adult

Post-investigation Procedures

Application for Court order

Report on complaint and investigation by Public Trustee

Protection of Personal Information

Obtaining information for investigating or responding to complaint

Written records of information made by Public Trustee

Disclosing information or written records

Solicitor-client privilege

Part 1—Representation Orders and Representatives

Interpretation and Application

Citation

1 These regulations may be cited as the Adult Capacity and Decision-making Regulations .

Definitions

(1) In these regulations,

“Act” means the Adult Capacity and Decision-making Act ;

“capacity assessment coordinator” means a individual who provides capacity

assessment training to assessors under the direction of the Public Trustee;

“contact information” of a person, means their address, telephone number and any

known e-mail address for the person;

“financial information” means information about the property or financial matters of

an individual;

“matter” means a matter described in subsection 27(4) of the Act with respect to

which a court may grant a representative the authority to act and make decisions;

“registry” means the registry of representation orders maintained by the Public

Trustee under

Section 24;

“represented adult” means an adult who is the subject of a representation order.

(2) In the Act and these regulations,

“interested person” means

(

i) the Public Trustee, or

(ii) any person who has reached the age of majority and who is concerned

for the well-being of an adult for whom a representation order is sought

or has been obtained;

“transaction” includes any of the following done on behalf of a represented adult:

(

i) receiving, paying, gifting or lending money,

(ii) acquiring, disposing of or lending property other than money,

(iii) transferring money between different accounts maintained by a

representative,

(iv) incurring or discharging a liability,

(

v) entering into a contract;

“vulnerable sector check” means a record check conducted by a police agency

consisting of all of the following:

(

i) a search of the national repository of records of criminal convictions,

(ii) a search of locally imposed convictions,

(iii) a search of record suspensions related to records for sexual offences.

(3) In

Section 11 of the Act,

“medical condition” means a temporary or reversible physical or mental condition

that may impact the results of an adult’s capacity assessment.

Delegation of powers, privileges, duties or functions

(1) The Minister may delegate to the Public Trustee, or any other person, any of the

Minister’s powers and duties under the Act and these regulations.

(2) A delegation under subsection (1) must be in writing and specify the powers and

duties to be exercised by delegate.

Assessors and Capacity Assessments

Designation of assessors

(1) All of the following health professionals are designated as assessors as of December

28, 2017:

(

a) a medical practitioner under the Medical Act ;

(

b) a registered psychologist under the Psychologists Act .

(2) Any of the following health professionals, who has successfully completed a

capacity assessment course under the direction of the capacity assessment

coordinator, are [is] designated as [an] assessor s :

(

a) a registered nurse or nurse practitioner under Registered Nurses Act ;

(

b) a social worker under the Social Workers Act ;

(

c) an occupational therapist under the Occupational Therapists Act ;

(

d) a licensed, practising member of any other health profession al prescribed by

the Minister who meets the requirements set by the Minister.

List of assessors

5 The Minister must maintain a list of persons who are designated as assessors under

subsection 4(2) and may make the list available to the public.

Training and continuing competence

6 The Minister may establish or approve any of the following for the training of assessors:

(

a) training courses;

(

b) a continuing competence program.

Revocation of designation as assessor

7 The Minister may revoke an assessor’s designation made under subsection 4(2) for any of

the following reasons:

(

a) the Minister is satisfied that the person is not conducting capacity assessments

in accordance with the Act and these regulations;

(

b) any reason that the Minister considers warrants the revocation of their

designation.

Guidelines for conducting capacity assessments

(1) The Minister may establish guidelines for conducting capacity assessments.

(2) A capacity assessment must be conducted by an assessor in accordance with the Act,

these regulations and any guidelines established by the Minister under subsection (1).

Duty to advise adult before conducting capacity assessment

9 An assessor must advise an adult of all of the following before conducting a capacity

assessment of the adult:

(

a) that they are being assessed to determine whether they are incapable of making

decisions;

(

b) that the capacity assessment may be used to determine whether they will have,

or continue to have, a representative appointed to make decisions for them;

(

c) that they may refuse to be assessed or may refuse to continue with the capacity

assessment at any point during the capacity assessment, but that the capacity

assessment may still be conducted using observational information and

information gathered from other sources;

(

d) that, in accordance with

Section 10, they have the right to have a person of

their choosing present during the capacity assessment;

(da) that they have the right to have legal counsel of their choosing present during

the capacity assessment;

(

e) that, in accordance with

Section 10, in order to fully demonstrate their capacity,

they have the right to be assisted by an interpreter or to use a device to assist

them to communicate during the capacity assessment;

(

f) that if the capacity assessment is completed, they have the right to receive a

copy of the capacity assessment report;

(

g) that they have the right to ask the assessor questions or raise concerns with the

assessor about the capacity assessment and the results of the capacity

assessment.

Persons present during capacity assessment

(1) Except as provided in subsection (3), an adult being assessed is entitled to all of the

following during any part of their capacity assessment:

(

a) have another person of their choosing present;

(aa) have legal counsel of their choosing present;

(

b) in order to be able to fully demonstrate their capacity, be assisted by an

interpreter or use a device to assist them to communicate.

(2) A person, other than the assessor, the adult’s legal counsel, and the adult being

assessed, who is present during any part of a capacity assessment, must comply with

any of the assessor’s directions.

(3) An assessor may direct a person, other than the adult’s legal counsel and the adult

being assessed, to leave a capacity assessment if the person does not comply with a

direction under subsection (2).

Time and circumstances of capacity assessment

11 An assessor must provide an adult with a reasonable opportunity to undergo their capacity

assessment at a time when, and under circumstances in which, the adult is likely to be able

to demonstrate their full capacity.

Determining whether adult capable of making decisions

12 In determining whether an adult is capable of making decisions under

Section 13 of the

Act about a matter being assessed, the assessor must consider only whether the adult has

the ability, with or without support, to

(

a) understand the information that is relevant to a decision; and

(

b) appreciate the reasonably foreseeable consequences of making or not making a

decision including, for greater certainty, the reasonably foreseeable

consequences of the decision to be made.

Applications for Representation Orders and Reviews of Representation Orders

Representation plans

(1) In this Section,

“alternative representative” includes a person who is being proposed as an alternative

representative for an adult;

“representative” includes a person who is being proposed as a representative for an

adult.

(2) A representation plan for an adult must be in the form prescribed by the Minister and

include all of the following information:

(

a) the adult’s full name, date of birth, contact information and current living

arrangements;

(

b) for each representative or alternative representative, their full name, date of

birth, contact information and relationship to the adult;

(

c) the name, contact information and status of relationship between the adult and

the adult’s:

(

i) spouse,

(ii) children,

(iii) parents,

(iv) siblings;

(

d) whether the proposed represented adult has a guardian appointed under the

Incompetent Persons Act , and the name and contact information of any

guardian;

(

e) whether the adult has made an enduring power of attorney, and the name and

contact information of any appointed attorney;

(

f) whether the adult has made a personal directive, and the name and contact

information of any appointed delegate;

(

g) matters the representative is seeking authority [for] or has been granted

authority to make decisions about on behalf of the adult;

(

h) if the matters in clause (

g) include making decisions about financial matters, all

of the information set out in subsection (3);

(

i) decisions that the representative reasonably expects to have to make on behalf

of the adult within the following time periods from the date when the plan is

prepared:

(i) 1 year,

(ii) 5 years;

(

j) how the representative will involve the adult in decision-making and inform

the adult of decisions;

(

k) if there are 2 or more representatives, how decision-making authority will be

exercised between them;

(

l) any clear and relevant instructions expressed by the adult while the adult had

capacity;

(

m) any known wishes, values and beliefs of the adult;

(

n) how the representative will ensure their future decisions reflect any information

specified in clauses (

l) and (m);

(

o) any request for compensation from the representative, including the manner of

calculating compensation.

(3) The financial information required for clause (2)(

h) includes all of the following:

(

a) the adult’s assets and liabilities;

(

b) how the representative will deal with the adult’s assets and liabilities;

(

c) the adult’s income and expenses;

(

d) the adult’s business interests;

(

e) any future source of income for the adult, including income arising from a

court settlement or decision;

(

f) how the representative will deal with the adult’s monthly income and expenses

and any shortfall between income and expenses required to meet the needs of

all of the following:

(

i) the adult,

(ii) the adult’s spouse, if any,

(iii) any child of the adult who has not reached the age of majority,

(iv) any child of the adult who has reached the age of majority and is unable

to earn a livelihood because of physical or mental disability;

(

g) whether there are any significant non-recurring expenditures anticipated and if

so the amount and purpose;

(

h) whether the adult is receiving all benefits that they are eligible for and, if not,

what steps will be taken to ensure the adult receives all benefits they are

entitled to;

(

i) whether the representative intends to make any payment, loan or gift from the

adult’s property and an explanation as to why the representative believes it

would be appropriate;

(

j) confirmation of the bond required by

Section 46 of the Act, or an explanation

why the Court should dispense with the requirement or reduce the amount;

(

k) any additional information that is necessary for the Court to assess the

representation plan.

Content of supporting affidavit

(1) All of the following is the information to be included in a supporting affidavit

required by clause 5(2)(

d) of the Act, for an initial application:

(

a) the applicant’s relationship to the adult;

(

b) the applicant’s proposal regarding the matters that they are seeking the

authority to make decisions about;

(

c) any options for looking after the adult’s well-being or financial interests that

are less intrusive and less restrictive than a representation order that have been

(

i) tried but have not been effective, and the reasons why they were not

effective, and

(ii) considered but were not implemented, and the reasons why they were not

implemented;

(

d) any additional information that is necessary for the Court to assess the

application.

(2) All of the following is the information be included in a supporting affidavit for an

application for review of a representation order:

(

a) the date of the order;

(

b) if the order has been reviewed, the date of the most recent review of order;

(

c) the applicant’s relationship to the adult and the relationship of the adult to of

each proposed representative and proposed alternate representative;

(

d) for each existing representative and alternative representative, their full name,

contact information and relationship to the represented adult;

(

e) the representative’s observations on the represented adult’s capacity, including

any change in the represented adult’s capacity since the later of

(

i) the date of the order, and

(ii) the date of the most recent review of the order;

(

f) if the representative is seeking to continue or amend the order, all of the

following:

(

i) any requested amendments to the order,

(ii) reasons for seeking the amendments,

(iii) any options for looking after the represented adult’s well-being or

financial interests that are less intrusive and less restrictive than the

requested amendments,

(iv) any requested amendments to the order regarding the person or persons

who are appointed as representative or alternate representative, and

reasons for the change;

(

g) any additional information that is necessary for the Court to assess the

[application for] review of the order.

(3) All of the following is the information be included in a supporting affidavit if the

representative is requesting that the Court rescind the representation order:

(

a) the reasons why the order should be rescinded;

(

b) the arrangements that have been made to promote and protect the represented

adult’s well-being and financial interests, or to ensure that an application for

another representation order has been or will be made;

(

c) any additional information that is necessary for the Court to assess the [request

for] recision of the order.

Vulnerable sector check

15 The vulnerable sector check required by clause 5(2)(

c) of the Act must have been

completed no longer than 2 months before the date the application is filed with the Court.

Capacity at issue on application for review

16 For the purposes of the requirement to include a recent capacity assessment in an

application for review of a representation order under clause 58(4)(

e) of the Act, the

capacity of a represented adult is at issue in the proceedings in any of the following

circumstances:

(

a) the application for review is made in accordance with a requirement in a

representation order, and the order requires a capacity assessment to be

conducted before the review;

(

b) the representative has reason to believe that there has been a significant change

in the capacity of the represented adult since the later of

(

i) the date of the order, and

(ii) the date of the most recent review of the order;

(

c) the representative is requesting that the Court rescind the representation order.

Applications in accordance with Civil Procedure Rules

17 Except as otherwise provided by the Act or these regulations and subject to any order of

the Court, an application or other proceeding under the Act is governed by the Civil

Procedure Rules.

Court modifications to procedures

18 Except as otherwise provided in the Act and despite anything in these regulations, the

Court may do any of the following:

(

a) dispense with the filing of any document that is required to be filed by these

regulations;

(

b) require or permit the filing of any document in addition to or in substitution for

any document or documents required to be filed by these regulations.

Public Trustee participation in proceeding

18A The Public Trustee, when named as a respondent in a proceeding under subsection 5(4) or

66(7) of the Act, is not obligated to participate or take any step in the proceeding, except if

the Public Trustee is acting as the representative for the adult who is the subject of the

proceeding.

Fees, Accounts and Reports

Fee

schedule for compensation of representatives

(1) The following is the fee

schedule for compensation of representatives:

Matters representative

makes decisions about

Compensation

health care or personal care

matters

maximum of $15 per hour

financial matters

(

a) an amount equal to 2.5% of the money

received by the representative on behalf of

the represented adult during the period for

which compensation is claimed

(

b) an amount equal to 2.5% of the money

paid by the representative on behalf of the

represented adult during the period for

which compensation is claimed

(2) If there is more than 1 representative, the amount determined under subsection

(1) must be divided among the representatives in 1 of the following manners:

(

a) as agreed by the representatives;

(

b) if the representatives do not agree, as determined by the Court.

Accounts and reports for financial matters

20 A representative who has authority over any financial matters must maintain at least the

following accounting information for the purposes of Sections 50 to 53 of the Act:

(

a) an inventory of all of the following that the representative has authority to

make decisions about, as of the date of the representative’s appointment:

(

i) the represented adult’s assets and liabilities,

(ii) the represented adult’s income and expenditures,

(iii) the represented adult’s business interests;

(

b) an ongoing and complete record of transactions affecting the property

administered by the representative on behalf of the represented adult that

includes a

summary of each transaction made on behalf of the represented

adult;

(

c) an ongoing and complete record of each transaction that is a gift made by the

representative on behalf of the represented adult that includes

(

i) the name and contact information of the recipient of the gift and a

description of their relationship to the adult,

(ii) the exact amount of the gift or, if the property is not money, the

estimated fair market value of the gifted property;

(

d) for any transaction, other than a gift under clause (c), that involves the payment

of $300 or more, receipts or invoices.

Report on disposition of real property

21 In addition to the information required by subsection 31(4) of the Act, all of the following

is prescribed as the information to be included in a report on the disposition of real

property filed with the Court under subsection 31(3) of the Act:

(

a) a

summary of all of the following:

(

i) the listing price,

(ii) the appraisal of the property,

(iii) all offers received,

(iv) the sale amount,

(

v) the final proceeds from the sale, after payment of any outstanding

mortgage, fees, and disbursements;

(

b) sufficient proof that the value of the bond required by

Section 46 has been

increased to reflect the final proceeds from the sale.

Form of accounts and reports

22 Any accounts and reports that the Court requires to be submitted under Sections 51 to 54

of the Act and

Section 58 of the Act must be in the form prescribed by the Minister.

Payment of capacity assessment fees by Crown

(1) A person who is applying for a representation order or for a review of an order may

request that the Crown pay the fees for a capacity assessment of an adult by

submitting a request to the Public Trustee.

(2) The Public Trustee must review the financial situation of any person making a

request under subsection (1) and the adult who is the subject of the application to

determine whether it would be a financial hardship for the person or the adult to pay

the fees, and may request any document from the person making the request that the

Public Trustee considers necessary to make that determination.

(3) The Public Trustee may recommend to the Minister that the Crown pay the fees if

the Public Trustee is satisfied that it would be a financial hardship on review under

subsection (2).

(4) On the recommendation of the Public Trustee under subsection (3), the Minister may

pay some or all of the fees for an adult’s capacity assessment.

(5) The Minister may pay the fees for only 1 capacity assessment for each adult in a

calendar year.

Public Trustee Registry

Information to be maintained in registry

(1) The Public Trustee must maintain a registry of all representation orders made or

continued under the Act.

(2) On making a representation order under the Act, the Court must notify the Public

Trustee and provide the Public Trustee with a copy of the order.

(3) The Public Trustee must deposit all of the following information into the registry for

each representation order:

(

a) a copy of the order;

(

b) information respecting the date by which the order is required to be reviewed;

(ba) contact information for each represented adult as set out in the application for

the order or as provided by the represented adult;

(

c) contact information for each representative and alternate representative

appointed under the order, as set out in the application for the order or as

provided by the representative or alternate representative.

Use and disclosure of information by Public Trustee

(1) The Public Trustee may collect, use and disclose information in the registry,

including personal information, to do any of the following:

(

a) determine whether a representation order has been reviewed in accordance

with the terms of the order;

(

b) exercise the powers and carry out the duties of the Public Trustee under the Act

and these regulations.

(2) Subject to the conditions in subsection (3) and any express provisions to the contrary in a

representation order, the Public Trustee may disclose information, including personal

information, from the registry to the following persons or bodies:

(

a) the Nova Scotia Supreme Court or Court of Appeal;

(

b) a public body as defined in the Freedom of Information and Protection of

Privacy Act ;

(

c) a bank to which the Personal Information Protection and Electronic

Documents Act (Canada) applies;

(

d) a custodian as defined in the Personal Health Information Act ;

(

e) the representative;

(

f) a represented adult;

(

g) a lawyer representing a person or body referred to in clause (

a) to (f).

(3) The Public Trustee may disclose information to a person or body referred to in

subsection (2) only if all of the following conditions are met:

(

a) the information is requested in a manner that is acceptable to the Public

Trustee and that [it]

(

i) identifies the adult that the person or body believes is or may be the

subject of a representation order,

(ii) identifies the information that the person or body is requesting, and

(iii) sets out the person’s or body’s reasons for requesting the information;

(

b) the Public Trustee is satisfied that the person or body has a legitimate interest

in any of the following respecting a representation order:

(

i) determining whether an adult is the subject of a representation order;

(ii) being advised of the terms of

(

A) a representation order, or

(

B) a continued or varied order made on a review of a representation

order, or

(iii) being provided with contact information for a representative.

(4) A person or body who is not referred to in subsection (2) may request that Public

Trustee provide their contact information to a representative.

Part 2—Complaints

Interpretation and Application of

Part 2

Definitions for

Part 2

26 In this Part,

“complaint” means a report that a representative is failing to act in accordance with

the Act, these regulations, a representation order or a representation plan, and that the

failure is causing or is likely to cause any of the following:

(

i) harm to the physical or mental health of the represented adult,

(ii) financial loss to the represented adult, including loss to [of] property of

the represented adult;

“information” means information as defined in

Section 16 of the Act;

“investigation” means an investigation by the Public Trustee of a complaint under

these regulations;

“person” mea[n]s a person as defined in

Section 16 of the Act;

“record” means a book, paper, document or thing, whether in electronic form or

otherwise.

Protection and involvement of represented adult

(1) Any step in an investigation or other proceeding under this Part must be by the least

restrictive and least intrusive means that will promote and protect the represented

adult’s well-being and interests in financial matters.

(2) A represented adult must be involved as far as is reasonably possible in decisions

relating to them.

Authorizing officer or employee to act for Public Trustee

28 The Public Trustee may, in writing, authorize an officer or employee of the Public Trustee

to do any act or other thing required or permitted to be done by the Public Trustee under

this Part.

Complaints Process

Making complaint

(1) Any interested person may make a complaint to the Public Trustee.

(2) A complaint filed under subsection (1) must be in writing and may be in the form

prescribed by the Minister.

(3) No action for damages may be brought against a person for making a complaint or

for assisting in an investigation, unless the person made the report falsely and

maliciously.

Public Trustee to refer complaint

(1) If the Public Trustee reasonably believes that the subject matter of a complaint could

constitute any of the following, the Public Trustee must refer the complaint to the

Minister or agency responsible for receiving complaints or reports under the

applicable legislation:

(

a) an offence under the Criminal Code (Canada);

(

b) abuse against a patient or resident under the Protection for Persons in Care

Act ;

(

c) evidence that an adult is in need of protection under the Adult Protection Act ;

(

d) an offence under a statute or regulation of the Province.

(2) When referring a complaint under subsection (1), the Public Trustee may disclose

information, including personal information, that the Public Trustee reasonably

believes relates to the complaint.

(3) Referring a complaint under subsection (1) does not relieve the Public Trustee of the

duty to investigate a report in accordance with this Part.

Investigation of Complaint

Duty to investigate complaint

(1) The Public Trustee must investigate a complaint unless the Public Trustee

determines that an investigation is not necessary because of any of the following

reasons:

(

a) the complaint is frivolous or vexatious;

(

b) the complaint discloses no failure of the representative to act in accordance

with the Act, these regulations, a representation order or a representation plan

that is causing or is likely to cause any of the following:

(

i) harm to the physical or mental health of the represented adult,

(ii) financial loss to the represented adult, including loss to [of] property of

the represented adult;

(

c) the harm or financial loss, or risk of harm or financial loss, is being adequately

dealt with by other measures.

(2) If the Public Trustee determines under subsection (1) that an investigation is not

necessary, the Public Trustee must provide the person who made the complaint with

written reasons for the determination.

Notification of investigation

32 As soon as is practicable in the circumstances after deciding to investigate a complaint, the

Public Trustee must make a reasonable effort to notify any person that the Public Trustee

considers appropriate that an investigation respecting the applicable representation order is

being conducted, including all of the following persons:

(

a) the represented adult;

(

b) any representative who is alleged to be responsible for abuse or misuse of the

order;

(

c) any representatives, including alternative representatives, appointed by the

order and not named under clause (b);

(

d) the person who made the complaint.

Powers of investigation

33 In conducting an investigation, the Public Trustee may do any or all of the following:

(

a) interview the represented adult and any person who may have information

relevant to the investigation;

(

b) require a representative or any person or other entity to produce for inspection

or copying, or both, any record that the Public Trustee believes on reasonable

grounds contains any information relevant to the investigation;

(

c) require a representative to provide any report, information or explanation the

Public Trustee considers necessary for the investigation;

(

d) obtain any information that the Public Trustee considers necessary for the

investigation, including a report from any of the following:

(

i) a health care provider who has examined the represented adult,

(ii) any agency that provides, or has provided, health or social services to the

represented adult,

(iii) any person that manages the represented adult’s financial matters or

personal or health care matters;

(

e) enter and inspect a premises, with the permission of the person in charge of the

premises, at any reasonable time, for the purpose of interviewing a person

referred to in clause (a), taking possession of a record referred to in clause (b),

or obtaining any information or evidence relevant to the investigation.

Copies of records

(1) The Public Trustee may inspect and copy any record produced under

Section 33 and

must ensure that the original is promptly returned to 1 of the following places:

(

a) the place it was removed from;

(

b) a place agreed to by the Public Trustee and the person who was in possession

of the record before it was produced.

(2) A copy of a record certified by the Public Trustee to be a copy made under

subsection (1)

(

a) is admissible in evidence without proof of the office or signature of the person

purporting to have signed the certificate; and

(

b) has the same probative force as the original record.

Court order to produce records

35 If a person or entity refuses to provide any information or record requested under

Section

33, the Public Trustee may apply to the Court for an ex parte order requiring the person or

entity to produce the information or record to the Public Trustee no later than 30 days after

the date the Court issues the order.

Order from justice to enter premises

(1) The Public Trustee may apply ex parte to a justice for an order authorizing a person

named in the order to enter and inspect any premises, including a dwelling, named in

the order for the purpose of an investigation, if a person in charge of the premises

(

a) refuses or neglects to permit the Public Trustee to enter the premises; or

(

b) after the Public Trustee enters the premises, obstructs the Public Trustee in the

investigation.

(2) A justice may issue an order under subsection (1), subject to any terms, conditions,

limits or restrictions that the justice may impose, if the justice is satisfied on oath of

the Public Trustee that there are reasonable grounds to believe all of the following:

(

a) that entry to the premises is necessary for the purpose of the investigation;

(

b) that entry to the premises has not been permitted or will not be permitted.

Confidentiality and privilege when producing records[,] etc.

(1) Any person who is required to produce or provide any record, report, information or

explanation to the Public Trustee under

Section 33 must comply, despite any claim

of confidentiality or privilege, other than a claim based on solicitor-client privilege.

(2) Any person who complies with a requirement under

Section 33 is not liable for any

breach of

(

a) confidentiality or privilege; or

(

b) any restriction in an enactment or the common law about the disclosure or

confidentiality of information.

Public Trustee powers to immediately protect represented adult

(1) While investigating a complaint, if the Public Trustee has reason to believe that the

interests in the financial matters of the adult, business interests or assets of an adult

are in need of immediate protection, the Public Trustee may take any measures

necessary to protect the well-being or financial interests of the represented adult that

are reasonable in the circumstances, including any of the following:

(

a) instruct any institution where the represented adult has an account that no

funds are to be withdrawn from or paid out of the account without prior

permission from the Public Trustee, until further notice;

(

b) direct any source of income for the represented adult to send the income to the

Public Trustee or to a person named by the Public Trustee to be either

(

i) held in trust for the represented adult, or

(ii) used to protect or maintain the health, safety or financial interests of the

represented adult;

(

c) order any person not to dispose of real or personal property belonging to the

represented adult, or otherwise deal with the represented adult’s real or

personal property in a way that reduces the value of the property without prior

permission from the Public Trustee, until further notice.

(2) Any measures taken under subsection (1) remain in effect for a period of 30 days or

a shorter period set by the Public Trustee.

(3) Any measures taken under subsection (1) may be renewed for a further period of 30

days or less, but may not continue for longer than a total of 120 days.

Post-investigation Procedures

Application for Court order

39 After investigating a complaint, the Public Trustee may apply to the Court for any of the

following:

(

a) an order that an audit be conducted, and a report of the findings of the audit be

sent to the Public Trustee no later than 30 days after the date the audit is

completed, by a chartered accountant, or other person the Court considers

appropriate, of the financial records of the following:

(

i) the represented adult,

(ii) any person who it is alleged may be responsible for abuse or misuse of a

representation order;

(

b) a review of the representation order under subsection 58(2) of the Act and any

order available as a result of the review under

Section 59 of the Act;

(

c) any order available under

Section 62 of the Act.

Report on complaint and investigation by Public Trustee

40 The Public Trustee must notify any person that the Public Trustee considers appropriate

about whether a complaint respecting a representation order was founded or unfounded

and whether any action was taken under these regulations, including all of the following

persons:

(

a) the represented adult;

(

b) any representative who is alleged to be responsible for abuse or misuse of the

order;

(

c) any representatives, including alternate representatives, appointed by the order

and not named under clause (b);

(

d) the person who made the complaint.

Protection of Personal Information

Obtaining information for investigating or responding to complaint

(1) When investigating or responding to a complaint under this Part, the Public Trustee

may obtain any of the following information from a public body, as defined in the

Freedom of Information and Protection of Privacy Act , or a person:

(

a) information about the represented adult who is the subject of the complaint,

including any of the following information:

(

i) the name and address of anyone who is alleged to have abused or

misused a representation order,

(ii) the whereabouts of anyone who is alleged to have abused or misused a

representation order;

(b) [information] about activities that are the subject matter of the investigation.

(2) A person carrying on a business or a public body must do all of the following as

soon as reasonably possible when requested for information under subsection (1):

(

a) provide the information, if the person or public body has custody, possession

or control of the information;

(

b) give the Public Trustee a copy of the record in which any requested

information is contained.

Written records of information made by Public Trustee

42 The Public Trustee may make and maintain written records of any information received

under

Section 41.

Disclosing information or written records

(1) The Public Trustee may, in the Public Trustee’s discretion, disclose information

obtained under

Section 41 or records made under

Section 42, to a person, court,

tribunal, government department, government agency, local government body or law

enforcement agency.

(2) The Public Trustee may disclose information obtained under

Section 41 or records

made under

Section 42 to any peace officer or person assisting in the investigation.

Solicitor-client privilege

44 Nothing in Sections 41 to 43 abrogates any privilege that may exist because of a solicitor-client relationship.

Legislative History

Reference Tables

Adult Capacity and Decision-making Regulations

N.S. Reg.

179/2017

Adult Capacity and Decision-making Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Adult Capacity and Decision-making Regulations made

under the Adult Capacity and Decision-making Act includes all of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

179/2017

Dec 28, 2017

date specified

Jan 5, 2018

112/2025

Jul 3,

date

specified

Jun

13, 2025

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep.=repealed

rs . = repealed and substituted

Provision affected

How affected

9(da) .................................................

ad. 112/2025

10( 1)( aa) ...........................................

ad. 112/2025

10(2) .................................................

am. 112/2025

10(3) .................................................

am. 112/2025

15 ......................................................

am. 112/2025

18A ...................................................

ad. 112/2025

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

Second clause

24(3)(

b) in original text relettered as clause 24( 3)( ba ) for the

purposes of this consolidation.

The Registered Nurses Act referred to in s. 4(2)

is repealed and replaced by s. 182 of the Nursing Act , S.N.S. 2019, c.

Jun 4, 2019

The Occupational Therapists Act referred to in s. 4(2)(

c) is repealed and replaced with the Regulated Health Profession Act ,

S.N.S. 2023, c. 15, in accordance with s. 194 of that Act, effective on

proclamation (N.S. Reg. 44/2025).

Mar 31, 2025

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.