Missing Persons Regulations

Regulation

Registration: R-017-2026
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Missing Persons Act

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.

Contents

1. 1 2. 2 3. 3 4. 4 5. 5 6. 6

The Minister, under section 20 of the Missing Persons Act and every enabling power, makes the Missing Persons Regulations.

Service Requirements

(1) A document required to be served under the Act or these regulations is served

(a) in the case of an individual,

(i) by leaving a copy of the document with the individual, or

(ii) by sending a copy of the document by email to the individual’s last known email address, if the sender receives confirmation that the transmission was successfully completed;

(b) in the case of a corporation,

(i) by leaving a copy of the document with a director, officer or agent of the corporation,

(ii) by leaving a copy of the document 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,

(iii) by sending a copy of the document by email to the corporation’s last known email address, if the sender receives confirmation that the transmission was successfully completed, or

(iv) by sending a copy of the document by registered mail to the registered office of the corporation;

(i) by leaving a copy of the document 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,

(ii) by sending a copy of the document by email to the entity’s last known email address, if the sender receives confirmation that the transmission was successfully completed, or

(iii) by sending a copy of the document by registered mail to the entity’s last known address; or

(d) by any other method authorized by a justice under subsection (3).

(2) A document served in accordance with subsection (1) is deemed to be received

(a) on the day the document is left with an individual;

(b) on the day the sender receives confirmation that the transmission was successfully completed by email; or

(3) A justice may, on application and on being satisfied that service cannot be made effectively in accordance with subsection (1), by order, authorize another manner of service.

Notice After Emergency Demand

(1) In this section, "decision-making responsibility" means responsibility for making significant decisions about a minor’s well-being, including with respect to

(a) health;

(b) education;

(d) significant extra-curricular activities.

(2) A notice required by section 11 of the Act to be given by a member who makes an emergency demand to a person whose information has been produced must include

(a) the member’s name, phone number and email address;

(b) the address of the detachment and the detachment’s mailing address, if different; and

(i) a description of the records produced relating to the person and a statement that the person may, in writing and not later than 30 days after receiving the notice, request copies of those records,

(ii) copies of those records.

(3) A notice referred to in subsection (2) must be

(a) in writing; and

(b) served, not later than 60 days after the date when the RCMP received the records.

(4) A person who receives a notice referred to in subsection (2) may, in writing and not later than 30 days after receiving the notice, request copies of the records relating to them that were produced under the emergency demand.

(5) A person who has decision-making responsibility for a minor may make a request under subsection (4) on behalf of the minor.

(6) The RCMP shall respond to a request made by a person under subsection (4) not later than 30 days after receiving the request, by sending to the person

(a) copies of the records relating to the person that were produced under the emergency demand; or

(b) a statement that the RCMP is refusing to provide copies of those records, in accordance with subsection (8).

(7) The following must not contain information respecting a third party:

(a) descriptions of records provided under subparagraph (2)(c)(i);

(b) copies of records provided under subparagraph (2)(c)(ii) or paragraph (6)(a).

(8) Notwithstanding subsections (2) and (6), a member may refuse to provide descriptions of records under subparagraph (2)(c)(i) or copies of records under subparagraph (2)(c)(ii) or paragraph (6)(a), if the member has reasonable grounds to believe that providing the descriptions or copies would

(a) interfere with a member’s ability to locate a missing person;

(b) pose a risk to any person’s safety; or

(9) A member who refuses to provide descriptions or copies under subsection (8) shall provide them at the next reasonable time when, in the opinion of the member, doing so would not cause an interference or pose a risk referred to in that subsection.

Annual Report

(1) The annual report prepared under subsection 14(2) of the Act must, in respect of the previous year and in addition to the information required in the Act, contain

(a) the number of missing person occurrences reported;

(b) the number of missing persons investigations where the missing person was located;

(c) the total number of search orders made and the number of missing persons investigations those search orders related to;

(d) the total number of record access orders made and the number of missing persons investigations those record access orders related to; and

(e) any other information in the public interest and that the RCMP is by law able to provide without unreasonably interfering with the operations of the RCMP.

(2) The RCMP shall, by May 15 in each year, provide to the Minister the annual report for the previous year.

(3) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.

Retention of Records

(1) Records obtained by the RCMP under the Act must be stored securely and access to those records must be limited to the members who, as determined by the commanding officer or the commanding officer’s delegate, require access for the performance of duties and functions of the RCMP.

(2) Subject to subsections (3) and (4), if a missing person is located alive, the RCMP shall, not later than 90 days after the date when the missing person is located,

(a) return any original records obtained by the RCMP under the Act to the provider of those records; and

(b) dispose of all other records relating to the missing person investigation.

(3) The RCMP may retain records after the expiration of the 90-day period referred to in subsection (2) or paragraph (4)(b) if

(a) the missing person is not located or is located deceased;

(b) the missing person investigation becomes a criminal investigation; or

(4) If notice required by section 11 of the Act is given by a member who makes an emergency demand to a person whose information has been produced, the RCMP shall retain records that relate to the person

(a) at least until the expiration of the 30-day period referred to in subsection 2(4); and

(b) not later than 90 days after the day when notice was given, subject to subsection (3).

(5) Records disposed of under this section must be disposed of in accordance with the methods outlined in the applicable RCMP schedule governing the retention and disposal of records.

Nothing in these regulations authorizes the disposal of records that are otherwise required to be retained by law or by the applicable RCMP schedule governing the retention and disposal of records.

The Missing Persons Regulations, established by regulation numbered R-015-2026, are repealed.