This regulation sets procedures for emergency demands, related applications, service, public reporting, and record retention under the Missing Persons Act.
Missing Persons Regulation, M.R. 62/2013 The Missing Persons Act , C.C.S.M. c. M199 Regulation 62/2013 Registered May 6, 2013 bilingual version (HTML) Table of Contents Section 1 Interpretation 2 Applications 3 Form of emergency demand 4 Additional records required in emergency demand 5 Application for order directing person to comply 6 Service requirements 7 Annual report requirements 8 Retention and disposal of records 9 Coming into force Interpretation 1(1) The following definitions apply in this regulation. "Act" means The Missing Persons Act . («  Loi  ») "emergency demand" means an emergency demand for records made under section 5 of the Act. (« demande formelle urgente ») 1(2) In the Act and this regulation, a reference to "financial information" in respect of a person includes information about any joint account that the person holds with one or more other persons. 1(3) The Dakota Ojibway Police Service is a prescribed agency for the purpose of clause (c) of the definition "police service" in section 1 of the Act. Applications 2(1) An application for a search order or a record access order may be made to a judicial justice of the peace in person or by telephone, e-mail or facsimile transmission. 2(2) If an application is made by telephone, e-mail or facsimile, the member of the police service making the application must deliver the original copy of the application and supporting documents to a court office specified by the judicial justice of the peace. Form of emergency demand 3 An emergency demand must be in the form set out in the Schedule. Additional records required in emergency demand 4 For the purpose of clause 5(2)⁠(j) of the Act, telephone records are prescribed as records that may be specified in an emergency demand. Application for order directing person to comply 5 An application for an order directing a person to comply with an emergency demand under section 6 of the Act must be made on notice to the respondent. Service requirements 6(1) A search order, record access order or an emergency demand must be served as follows: (a) in the case of an individual, by leaving a copy of it with the individual; (b) in the case of a corporation, (i) by leaving a copy of it with a director or officer of the corporation, (ii) by leaving a copy of it with an individual who appears to have management or control of any place of business or premises operated by or on behalf of the corporation, or (iii) by sending a copy of it by facsimile transmission or email to the corporation's last known facsimile number or email address, if the sender receives confirmation that the transmission was successfully completed; (c) in the case of a partnership, (i) by leaving a copy of it with a partner, (ii) by leaving a copy of it with an individual who appears to have management or control of any place of business or premises operated by or on behalf of the partnership, or (iii) by sending a copy of it by facsimile transmission or email to the partnership's last known facsimile number or email address, if the sender receives confirmation that the transmission was successfully completed; (d) in the case of any other entity, (i) by leaving a copy of it with an individual who appears to have management or control of any place of business, facility or premises operated by or on behalf of the entity, or (ii) by sending a copy of it by facsimile transmission or email to the entity's last known facsimile number or email address, if the sender receives confirmation that the transmission was successfully completed. 6(2) A judicial justice of the peace may, by order, authorize another method of service if he or she is satisfied that service cannot effectively be made in accordance with a method set out in subsection (1). Annual report requirements 7 The annual report of a police service respecting its use of emergency demands for records under section 5 of the Act must (a) contain a summary of the type of records sought in each demand; and (b) be made available to the public (i) by posting a copy of the report on the police service's website, or (ii) by posting a copy of the report on the website of the municipality in question, in the case of a municipal police service, Retention and disposal of records 8(1) Subject to subsection (2), records obtained under the authority of the Act are to be disposed of 90 days after a missing person is located. 8(2) Records obtained under this Act may be retained by a police service (a) if the missing person is not found, or if the missing person is found dead; or (b) if any further investigations arise or are likely to arise regarding the disappearance of the missing person until any and all investigations are concluded. 8(3) Records obtained under the authority of the Act must be securely stored so that access to the records is limited to only those members of the police service who require access to perform their job function in accordance with the Act as determined by the commanding officer of the police service. 8(4) Records are to be disposed of in accordance with the methods outlined in the police service's approved records retention and disposition schedule for disposition of confidential records. Coming into force 8 This regulation comes into force on the same day that The Missing Persons Act , S.M. 2012, c. 6, comes into force. SCHEDULE Emergency Demand for Records
