Missing Persons Act
Consolidated act- Citation
- S.N.W.T. 2024, c.6
- Registration
- R-016-2026
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Missing Persons Regulations, s.2 → #sec_11
- Missing Persons Regulations, s.3 → #sec_14__subsec_2
- Missing Persons Regulations, s.4 → #sec_11
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
Interpretation
Definitions
1.In this Act,
"court" means the Territorial Court of the Northwest Territories; (cour)
"emergency demand" means an emergency demand under section 9; (demande urgente)
"member" means a member of the RCMP within the meaning of subsection 2(1) of the Royal Canadian Mounted Police Act (Canada); (membre)
"missing person" means a missing person under section 2; (personne disparue)
"RCMP" means the Royal Canadian Mounted Police; (GRC)
"record" means a record or part of a record of information in any form or in any medium, whether in written, printed, photographic or electronic form or otherwise; (document)
"record access order" means an order referred to in section 7; (ordonnance d’accès aux documents)
"search order" means an order referred to in section 8. (ordonnance de recherche)
Missing person
2.For the purposes of this Act, an individual is a missing person if
(a) the individual’s whereabouts are unknown, despite reasonable efforts to locate the individual; and
(b) one of the following is established:
(i) the individual has not been in contact with people who would likely be in contact with the individual,
(ii) it is reasonable in the circumstances to fear for the individual’s safety because of the circumstances surrounding the individual’s absence.
Government bound
3.This Act binds the Government of the Northwest Territories.
Purpose
4.The purpose of this Act is to assist the RCMP in locating a missing person in the absence of a criminal investigation.
Conflict or inconsistency
5.Where any provision of this Act is inconsistent with or in conflict with the Access to Information and Protection of Privacy Act or the Health Information Act, this Act applies notwithstanding the Access to Information and Protection of Privacy Act or the Health Information Act, as the case may be.
Procedure
Making application
6.(1) A member may apply ex parte to the court for a record access order under section 7 or a search order under section 8
(a) in the form approved by the Minister; and
(b) in accordance with any prescribed procedures.
(2) In making an application under subsection (1), a member may
(a) appear personally before a justice; or
(b) use a means of written electronic communication.
(3) If an application is made by means of written electronic communication, the justice who receives the application shall, as soon as practicable after the application is received, have it filed with the clerk of the court.
(4) If a member who uses a means of written electronic communication to make an application makes a statement in writing that the information contained in the application is true to the member’s knowledge and belief, that information is deemed to have been given under oath for the purposes of this Act.
Record Access Order
Justice may order
7.(1) On application by a member, a justice may issue a record access order requiring a person to produce copies of records to the RCMP if the justice is satisfied, on the basis of information provided by the member under oath, that there are reasonable grounds to believe that
(a) the records are in the custody or under the control of the person; and
(b) the records will assist in locating a missing person.
(2) Without limiting the generality of subsection (1), a record access order may specify the following types of records:
(a) records containing contact or identification information;
(b) telephone or other electronic communication records, including
(i) records related to signals from a wireless device that may indicate the location of the wireless device,
(ii) cellular telephone records,
(iii) inbound and outbound text messaging records, and
(iv) internet browsing history records;
(c) global positioning system tracking records;
(d) video records, including closed-circuit television footage;
(e) records of employment information;
(f) records of personal health information within the meaning of the Health Information Act;
(g) records relating to services under the Child and Family Services Act, including adoption and child protection services;
(h) records from a school, university or other educational institution containing attendance information;
(i) records containing travel and accommodation information;
(j) records containing financial information;
(k) any other records specified in the order that the justice considers appropriate.
(3) A justice shall not issue a record access order unless the justice is of the opinion that the public interest in locating a missing person outweighs the privacy interest of any person whose information may be contained in a record specified in the record access order.
(4) Subject to subsection (5), a justice may impose any terms on a record access order that the justice considers appropriate, including terms that specify the time frame or manner in which the copies are to be produced.
(5) When imposing terms on a record access order, a justice shall consider any information that suggests that a missing person may not want to be located, including information that suggests that the missing person has left or is attempting to leave a violent or abusive situation.
(6) Where a member who has been granted a record access order consents to it, the information contained in a record specified in the record access order may be provided orally, and disclosure in this manner is deemed to satisfy the requirement to produce a copy of the record.
(7) The fact that a member has made an emergency demand under section 9 does not preclude the member, or another member, from making an application for a record access order requiring the same person to produce copies of the same records.
Search Order
Justice may issue search order
8.(1) On application by a member, a justice may issue a search order authorizing members to enter a specified premises, including a building, receptacle, place or dwelling place, if the justice is satisfied, on the basis of information provided by the member under oath, that there are reasonable grounds to believe that
(a) a missing person may be located at the premises; and
(b) authorizing members to enter the premises is necessary to ensure the safety of the missing person.
(2) A justice shall not issue a search order unless the justice is of the opinion that the public interest in locating a missing person outweighs the privacy interest of any person that may be engaged by members entering onto the premises specified in the search order.
(3) Subject to subsections (4), (5) and (6), a justice may impose any terms on a search order that the justice considers appropriate.
(4) When imposing terms on a search order, a justice shall consider any information that suggests that a missing person may not want to be located, including information that suggests that the missing person has left or is attempting to leave a violent or abusive situation.
(5) A member may only enter a premises under a search order between 6 a.m. and 9 p.m.
(6) Notwithstanding subsection (5), a justice may authorize a member to enter a premises before 6 a.m. or after 9 p.m. if the justice is satisfied, on the basis of information provided by a member under oath, that it is necessary to enter onto the premises at such time in order to ensure the safety of the missing person.
(7) A member may use as much force as is reasonably necessary to execute a search order issued under this section.
Emergency Demand
Member may make emergency demand
9.(1) Subject to subsection (2) and any regulations, a member may make an emergency demand in writing to a person, requiring the person to produce copies of records to the RCMP in accordance with subsection (4), if the member is satisfied that there are reasonable grounds to believe that
(a) the records are in the custody or under the control of the person;
(b) the records will assist in locating a missing person; and
(c) in the time required to obtain an order under section 7,
(i) a missing person may be seriously harmed, or
(ii) the records may be destroyed.
An emergency demand may specify the types of records:
(a) records containing contact or identification information;
(b) telephone or other electronic communication records, including
(i) records related to signals from a wireless device that may indicate the location of the wireless device,
(ii) cellular telephone records,
(iii) inbound and outbound text messaging records, and
(iv) internet browsing history records;
(c) global positioning system tracking records;
(d) video records, including closed-circuit television footage;
(e) records of employment information, to the extent that the records may indicate
(i) when the missing person was last seen or heard from, and
(ii) when, where or how the missing person is or was paid;
(f) records of personal health information within the meaning of the Health Information Act, to the extent that the records may indicate that the missing person was recently admitted to a hospital and, if applicable,
(i) which hospital the missing person was admitted to,
(ii) the date and time of admission, and
(iii) the reason for admission;
(g) records from a school, university or other educational institution containing attendance information;
(h) records containing travel and accommodation information;
(i) records containing financial information, to the extent that the records may indicate that
(i) a credit card of the missing person was recently used and, if applicable, when, where and for what purpose the credit card was used, or
(ii) a bank account of the missing person was recently used and, if applicable, when, where and for what purpose the bank account was used.
(3) A member shall not make an emergency demand under subsection (1) unless the member reasonably believes that the public interest in locating a missing person outweighs the privacy interest of any person whose information may be contained in a record specified in the demand.
(4) A person who receives an emergency demand shall, as soon as practicable, produce copies of the records specified in the emergency demand that are in the person’s custody or under the person’s control to the member.
(5) Where a member who has made an emergency demand consents to it, the information contained in a record specified in the emergency demand may be provided orally, and disclosure in this manner is deemed to satisfy the requirement to produce a copy of the record.
Written description
10.If a person who has received an emergency demand is unable to locate a record specified in the emergency demand, the person shall, as soon as practicable, provide a written description of their efforts to locate the specified record to the member.
Provision of notice to affected person
11.A member who makes an emergency demand, or another member, shall provide notice, in accordance with the regulations, to a person whose information has been produced under an emergency demand.
Use of Information
Use of information or records
12.(1) The RCMP may only use information or records collected under this Act
(a) for the purposes of investigating the whereabouts of a missing person;
(b) for the purposes of complying with a law of the Northwest Territories or Canada or with a treaty, written agreement or arrangement made under a law of the Northwest Territories or Canada;
(c) for the purposes of complying with a subpoena, warrant or order issued or made by a court, person or body with jurisdiction to compel the production of information;
(d) to assist another law enforcement agency in Canada or a law enforcement agency in another country under an arrangement, agreement, treaty or legislative authority in an investigation into the whereabouts of a missing person;
(e) if the person to whom the information or records relate consents, in a manner consistent with that person’s consent;
(f) in the circumstances under which the information may be disclosed under section 13; or
(g) for the purposes of preparing an annual report under section 14.
(2) If the investigation into the whereabouts of a missing person becomes a criminal investigation, this section does not prevent information and records obtained by the RCMP under this Act from being used in the criminal investigation.
Public Disclosure
Interpretation
13.(1) In this section, "missing person" includes an individual that was, but is no longer, a missing person.
(2) Before a missing person is located, the RCMP may only disclose information collected under this Act to the public if
(a) there are reasonable grounds to believe that the disclosure will assist in locating the missing person; or
(b) the disclosure is for a prescribed purpose.
(3) Without limiting the generality of subsection (2), the following information may be disclosed under that subsection:
(a) the name of the missing person or another person;
(b) the age and physical description of the missing person or another person;
(c) a photo or other visual representation of the missing person or another person;
(d) the fact that the missing person has a medical condition that poses a threat to the missing person’s health and whether the condition requires medication or medical attention, provided that the medical condition itself is not disclosed;
(e) information identifying a specific vehicle;
(f) the circumstances that may have led to the missing person’s absence;
(g) the times and places at which the missing person may have been seen or places the missing person is known to frequent.
(4) Subject to subsection (5), if a missing person is located, the RCMP may disclose to the public only that
(a) the investigation is no longer a missing person case;
(b) the missing person has been located; and
(c) if the RCMP learns that the missing person is deceased, the fact that the missing person is deceased.
(5) If a missing person who is located consents, the RCMP may disclose any information about the missing person collected under this Act, to facilitate contact between the missing person and the spouse or a relative, friend or acquaintance of the missing person.
(6) Subject to any regulations, if a missing person who is located is a minor, the RCMP may, without the consent of the minor, disclose any information about the minor collected under this Act, including their location, if the RCMP reasonably believes that the disclosure will protect the safety of the minor.
(7) If an investigation into the whereabouts of a missing person becomes a criminal investigation, this section does not prevent information and records obtained by the RCMP under this Act from being used in the criminal investigation.
(8) For greater certainty, nothing in this section limits the circumstances in which the RCMP may disclose a missing person’s personal information if the disclosure is otherwise permitted or required by law.
Annual Report and Review
Definition: "identifying information"
14.(1) In this section, "identifying information" means any information that makes it possible to identify an individual.
(2) On or before the prescribed date in each year, the RCMP shall prepare an annual report under this section for the previous year and provide that report to the Minister.
(3) After receiving the annual report referred to in subsection (1), the Minister shall make the annual report available to the public in the prescribed manner.
(4) The annual report shall contain
(a) the total number of emergency demands made and the number of missing persons investigations those emergency demands related to;
(b) a description of the types of records specified in the emergency demands made; and
(c) any other prescribed information.
(5) An annual report prepared under this section must not include identifying information.
General
No liability
15.No action or proceeding may be brought against a member, the RCMP or any other person in respect of anything done or omitted to be done in good faith under this Act.
No restriction on authority
16.This Act does not restrict any authority that the RCMP would otherwise have to collect any information or records.
No access to privileged information
17.Nothing in this Act compels a person to disclose information that is subject to any type of privilege available at law, including solicitor-client privilege.
No limitation
18.Nothing in this Act shall be interpreted as limiting a person’s ability to disclose information to a member in order to assist the member in locating a missing person in the absence of a record access order or emergency demand if the person is not otherwise prohibited by law from disclosing the information.
Offences and Penalties
Failure to comply
19.(1) No person shall, without reasonable excuse, fail to comply with a record access order issued under section 7, or an emergency demand made under section 9.
(2) No person shall obstruct a member who is executing a search order under section 8.
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence punishable on summary conviction and liable,
(a) in the case of an individual, to a fine of not more than $10,000; and
(b) in the case of a corporation, to a fine of not more than $25,000.
(4) If an offence under subsection (1) continues for more than one day, separate fines, each not exceeding the maximum fine for that offence, may be imposed for each day the offence continues.
(5) Subject to section 15, a person who uses information or records collected under this Act other than in accordance with section 12 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $10,000.
Regulations
Regulations
20.The Minister may make regulations
(a) respecting the procedure for applying for record access orders and search orders;
(b) respecting emergency demands under section 9, including the manner of providing notice of an emergency demand;
(c) respecting the provision of notice to persons whose information has been produced under an emergency demand under section 11;
(d) respecting disclosure of information under section 13, including
(i) the purposes for which information may be disclosed to the public under subsection 13(2), and
(ii) respecting disclosure of information relating to a minor under subsection 13(6);
(e) respecting annual reports under section 14, including
(i) prescribing the date by which the annual report must be provided to the Minister under subsection 14(2),
(ii) the manner of release of an annual report to the public under subsection 14(3), and
(iii) prescribing the required content of annual reports; and
(f) respecting any other matter that the Minister considers necessary for carrying out the purposes and provisions of this Act.
COMMENCEMENT
Coming into force
21.This Act or any provision of this Act comes into force on a day or days to be fixed by order of the Commissioner.