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Missing Persons Regulations

made under Section 13 of the

Missing Persons Act

S.N.S. 2012, c. 47

O.I.C. 2015-137 (April 21, 2015), N.S. Reg. 202/2015



Citation

1          These regulations may be cited as the Missing Persons Regulations.


Definitions for Act and regulations

2          (1)       In these regulations,

 

“Act” means the Missing Persons Act;

 

“order” means a search order made by a justice under Section 5 of the Act or a record-access order made by a justice under Section 6 of the Act;

 

“police officer” means a member of a police agency.

 

            (2)       In the Act and these regulations,

 

"financial information”, in relation to a person, includes information about any joint account that the person holds with 1 or more other persons;

 

“justice” means a justice as defined in clause 7(1)(m) of the Interpretation Act.


Form of application for order

3          (1)       An application for a record-access order must be in Form A.

 

            (2)       An application for a search order must be in Form C.


Applying for order

4          (1)       An application for an order may be made in person or, subject to subsection (2), by telephone.

 

            (2)       A person applying for an order by telephone must also complete a written application form and

 

                        (a)       provide a copy of the completed application form to the justice by facsimile transmission or by delivery in another way specified by the justice; and

 

                        (b)       deliver the original of the completed application form to a court office specified by the justice.


Form of order

5          (1)       A record-access order may be in Form B.

 

            (2)       A search order may be in Form D.


Serving order

6          (1)       Service of an order must be by a police officer by 1 of the following methods:

 

                        (a)       if the order is being served on a person who is an individual, serving a copy of the order on the individual personally;

 

                        (b)       if the order is being served on a person that is a corporation,

 

                                    (i)        registered mail,

 

                                    (ii)       leaving the order with the individual who is the manager, secretary or other executive officer of the corporation or is apparently in charge of a branch office of the corporation, at an address set out by the corporation as its address, or

 

                                    (iii)      facsimile or other form of electronic transmission to the corporation’s last known facsimile number or electronic address, in a manner that provides confirmation of delivery;

 

                        (c)       if the order is being served on a person that is neither a corporation nor an individual,

 

                                    (i)        registered mail,

 

                                    (ii)       leaving the order with an officer or administrator of the respondent who appears to have management responsibilities with respect to the respondent, or

 

                                    (iii)      facsimile or other form of electronic transmission to the respondent’s last known facsimile number or electronic address, in a manner that provides confirmation of delivery.

 

            (2)       On application and on being satisfied that service cannot be made effectively in accordance with subsection (1), a justice may by order authorize another method of service.


Storing and disposing of records

7          (1)       A police agency must securely store any records obtained under the Act so that access to the records is limited to only those members of the agency who require access to perform their job functions in accordance with the Act.

 

            (2)       A police agency disposing of records obtained under the Act must dispose of them in accordance with the methods outlined in the agency’s records retention and disposition schedule for disposition of confidential records.


 ________________________________________________________________ 

Form A: Application for Record-access Order

(Missing Persons Act, S.N.S. 2012, c. 47)


Applicant

I, ________________________, member of ________________________ (name of police agency) (the “Police Agency”) am applying for an Order authorizing a police officer to obtain access to or copies of the records indicated below, in accordance with Section 6 of the Missing Persons Act (the “Act”), which are required for the investigation being conducted by the Police Agency into the whereabouts of a missing person (the “Missing Person”) (add the following if applicable) and into the whereabouts of a person who may be accompanying the Missing Person.


Identifying information about the Missing Person

The Missing Person’s name is ________________________.


(Complete the following only if the Missing Person is a minor or is a vulnerable person as defined in the Act.)

The Missing Person is (select one)

      Q         a minor

      Q         a vulnerable person (defined in the Missing Persons Act as a person with a guardian appointed under the Incompetent Persons Act or an adult in need of protection under the Adult Protection Act)


(Complete the next item if seeking access to or copies of records for a person who may be accompanying the Missing Person.)

Identifying information about person who may be accompanying the Missing Person

The name of the person who may be accompanying the Missing Person is ______________________________________.


Records required

The Police Agency requires access to or copies of the records indicated in the following list: (select all that apply and provide details of any particular information required)

 

      Q         records containing contact or identification information, and in particular ________________________________;

 

      Q         telephone records, and in particular ________________________________, from _______ (date) to _______ (date);

 

      Q         other electronic communication records, including records related to signals from a wireless device, cell phone records, inbound and outbound text messaging records, Internet browsing-history records, and in particular ________________________________, from __________ (date) to _________ (date);

 

      Q         global position system tracking records, and in particular _________________________________, from __________ (date) to _________ (date);

 

      Q         video records, including closed circuit television footage, and in particular _______________________________, from __________ (date) to _________ (date);

 

      Q         records containing employment information, and in particular ______________________________, from __________ (date) to _________ (date);

 

      Q         records containing personal health information as defined in the Personal [Health] Information Act, and in particular ________________________________;

 

      Q         records from a school, university or other educational institution containing attendance information, and in particular ________________________________, from __________ (date) to _________ (date);

 

      Q         records containing travel and accommodation information, and in particular ________________________________;

 

      Q         records containing financial information, and in particular __________________

______________, from _________ (date) to _________ (date);

 

      Q         any records not listed above (specify):

____________________________________________________________________________________________________________________________________


Affidavit

In support of my application, I make oath and say/affirm as follows:

(a)       the Police Agency is conducting an ongoing investigation into the whereabouts of the Missing Person (add the following if applicable) and into the whereabouts of a person who may be accompanying the Missing Person;

 

(b)       copies of or access to records of or related to the Missing Person or the person who may be accompanying the Missing Person may assist the Police Agency in locating the Missing Person;

 

(c)       I have the following reasonable grounds to believe that records of the types that are the subject of this application may exist and may be in the possession or under the control of a person:

 

and

 

(d)       I believe that records of the types that are the subject of this application may exist and may be in the possession or under the control of a person.


Sworn/affirmed before me at _____________

(city or town), in the Province of Nova Scotia, _______________, 20_____

)

)

)

 

 

)

)

 


_____________________________

Signature

)

)

)


_____________________________

Applicant signature


 ________________________________________________________________ 

Form B: Record-access Order

(Missing Persons Act, S.N.S. 2012, c. 47)


PO No.

              Re:

____________________________ (the “Missing Person”)


-and-

____________________________ (the “Applicant”)


This Order was made by a Justice pursuant to the Missing Persons Act of Nova Scotia regarding the Missing Person.


The Applicant, a member of ____________________ (name of police agency), (the “Police Agency”), has applied for an Order authorizing access to or the release of copies of records that may assist the Police Agency in locating the Missing Person.


Having considered the application, I am satisfied that

 

(a)       access to or copies of records requested in the application may assist the Police Agency in locating the Missing Person; and

 

(b)       records of the types of those requested are in the possession or under the control of a person.


I order that access to or copies of the records indicated below that contain information about


(select either or both, as applicable)

      Q         the Missing Person

      Q         ________________ (name of individual), who may be accompanying the Missing Person


must be provided to the Police Agency by any person who has possession or control of the records.


Records authorized to be accessed:


(select all that apply)

      Q         records containing contact or identification information, and in particular ________________________________;

 

      Q         telephone records, and in particular ________________________________, from _______ (date) to _______ (date);

 

      Q         other electronic communication records, including records related to signals from a wireless device, cell phone records, inbound and outbound text messaging records, Internet browsing-history records, and in particular ________________________________, from __________ (date) to _________ (date);

 

      Q         global position system tracking records, and in particular ________________________________, from __________ (date) to _________ (date);

 

      Q         video records, including closed circuit television footage, and in particular ________________________________, from __________ (date) to _________ (date);

 

      Q         records containing employment information, and in particular _________________________

_______, from __________ (date) to _________ (date);

 

      Q         records containing personal health information as defined in the Personal [Health] Information Act, and in particular ________________________________;

 

      Q         records from a school, university or other educational institution containing attendance information, and in particular ________________________________, from __________ (date) to _________ (date);

 

      Q         records containing travel and accommodation information, and in particular ________________________________;

 

      Q         records containing financial information, and in particular ________________________________, from _________ (date) to _________ (date);

 

      Q         any records not listed above (specify):

________________________________________________________________

________________________________________________________________


I further order that the person on whom this Order is served must provide the Police Agency with an accounting of the efforts taken by the person to locate any records that cannot be found.


This Order is effective immediately and remains in force until _______________, 20 .


Dated at Nova Scotia on _______________, 20 .


____________________________________

Signature of Justice


 ________________________________________________________________ 

Form C: Application for Search Order

(Missing Persons Act, S.N.S. 2012, c. 47)

Applicant

I, ________________________, member of ________________________ (name of police agency) (the “Police Agency”) am applying for an Order authorizing a police officer to enter, by force if necessary, the dwelling or other premises at the location specified in my Affidavit below to search for and locate a missing person (the “Missing Person”).


Identifying information about the Missing Person

The Missing Person’s name is ________________________.


The Missing Person is (select one)

 

      Q         a minor

      Q         a vulnerable person as defined in the Missing Persons Act


Affidavit

In support of my application, I make oath and say/affirm as follows:

 

(a)       the Police Agency is conducting an ongoing investigation into the whereabouts of the Missing Person;

 

(b)       I have the following reasonable grounds to believe that the Missing Person may be in a dwelling or other premises identified in clause (c) of my Affidavit:

________________________________________________________________

            ________________________________________________________________                

and

 

(c)       I believe that the Missing Person may be in a dwelling or other premises at the following location: ________________________________________________________________

_______________________________________________________________________



Sworn/affirmed before me at ___________

(city or town), in the Province of Nova Scotia, _______________, 20_____

)

)

)

 

 

)

)

 


_____________________________

Signature

)

)


_____________________________

Applicant signature



 ________________________________________________________________ 

Form D: Search Order

(Missing Persons Act, S.N.S. 2012, c. 47)

PO No.

Re:

____________________________ (the “Missing Person”)

-and-

____________________________ (the “Applicant”)


This Order was made by a Justice pursuant to the Missing Persons Act of Nova Scotia regarding the Missing Person, who is (select one)

      Q         a minor

      Q         a vulnerable person as defined in the Missing Persons Act


The Applicant, a member of ____________________ (name of police agency), (the “Police Agency”), has applied for an Order authorizing entry to a dwelling or other premises located at ________________________ (address), by force if necessary, to search for the Missing Person.


Having considered the information provided in the Applicant’s affidavit, I am satisfied that

 

(a)       ________________________ (name of Missing Person) is a Missing Person under the Missing Persons Act and that the Police Agency is conducting an investigation into the whereabouts of the Missing Person; and

 

(b)       the Applicant has reasonable grounds to believe that the Missing Person is located at the address specified above.


I order that a police officer with the Police Agency may enter a dwelling or other premises located at the address specified above, using force if necessary, in order to search for the Missing Person.


This Order is effective immediately and remains in force until _______________, 20 ___.


Dated at Nova Scotia on _______________, 20___.


____________________________________

Signature of Justice