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AR 151/2012 MISSING PERSONS REGULATION

(no amdt)

ALBERTA REGULATION 151/2012

Missing Persons Act

MISSING PERSONS REGULATION

Table of Contents

                1       Definition

                2       Disclosure of information to parent of missing minor

                3       Disclosure of information to guardian of represented adult

                4       Practice and procedure

                5       Non‑compliance with this Regulation

                6       Method of service

                7       Retention and disposal of records

                8       Forms

                9       Expiry

              10       Coming into force

Schedule

Definition

1   In this Regulation,

                                 (a)    “Act” means the Missing Persons Act;

                                 (b)    “mature minor” means an individual who

                                           (i)    is under 18 years of age,

                                          (ii)    has the ability to understand the nature of the information collected under the Act about or pertaining to the individual, and


                                         (iii)    objects to the disclosure of some or all of the information to the individual’s parent or guardian and understands the consequences of the non-disclosure of that information to the individual’s parent or guardian;

                                 (c)    “recorded mail” means recorded mail as defined in the Alberta Rules of Court (AR 124/2010).

Disclosure of information to parent of missing minor

2   A police service may release a copy of the records or disclose the personal information collected under the Act concerning a missing person who is a minor, without the minor’s consent, to a parent or guardian of that minor after the minor has been located, if

                                 (a)    the parent or guardian has made a written request to the police service for a copy of the records or disclosure of the personal information,

                                 (b)    the investigating officer believes the release or disclosure will protect the safety of the minor, 

                                 (c)    the commanding officer of the police service agrees that the record should be released or the information should be disclosed on the basis that the release or disclosure will protect the safety of the minor, and

                                 (d)    the commanding officer does not believe that the minor is a mature minor.

Disclosure of information to guardian of represented adult

3   A police service may release a copy of the records or disclose the personal information collected under the Act of a missing person who is a represented adult under the Adult Guardianship and Trusteeship Act, without the represented adult’s consent, to a guardian of the represented adult, after the represented adult has been located, if

                                 (a)    the guardian has made a written request for a copy of the records or disclosure of the personal information,

                                 (b)    the investigating officer believes the release or disclosure will protect the safety of the represented adult, and

                                 (c)    the commanding officer of the police service agrees that the records should be released or the information should be disclosed on the basis that the release or disclosure will protect the safety of the represented adult.

Practice and procedure

4   In any matter not provided for in the Act or this Regulation, a justice of the peace may

                                 (a)    follow the Alberta Rules of Court (AR 124/2010) and the procedures of the Court of Queen’s Bench, and

                                 (b)    give directions respecting any practice or procedure in the Court or when hearing an application under the Act.

Non‑compliance with this Regulation

5   No proceeding shall be defeated on the ground of an alleged defect in form.

Method of service

6(1)   Service of a written demand under section 4(1) of the Act or an order of a justice of the peace that is required to be served is effected

                                 (a)    on an individual by delivering it to the individual,

                                 (b)    in the case of a corporation

                                           (i)    by recorded mail,

                                          (ii)    by leaving it with the individual who is the manager, secretary or other executive officer of the corporation or the person apparently in charge of a branch office of the corporation at an address held out by the corporation to be its address, or

                                         (iii)    by sending it by facsimile or other form of electronic transmission to the corporation’s last known facsimile number or electronic address, if the sender receives confirmation that the transmission was successfully completed,

                                 (c)    in the case of an entity who is not a corporation or an individual

                                           (i)    by recorded mail,

                                          (ii)    by delivering it to an officer or administrator of the entity who appears to have management or control responsibilities with respect to the entity, or

                                         (iii)    by sending it by facsimile or other form of electronic transmission to the entity’s last known facsimile number or electronic address, if the sender receives confirmation that the transmission was successfully completed.

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

Retention and disposal of records

7(1)  Records obtained under the authority of the Act

                                 (a)    are, when the missing person has been safely located, to be disposed of within 90 days of the locating of the missing person,

                                 (b)    may be retained if the missing person is not found or if the missing person is found dead, or

                                 (c)    may be retained if any further investigations arise or are likely to arise regarding the disappearance of the missing person until any and all investigations are concluded.

(2)  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.

(3)  When records are disposed of, they 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.


Forms

8   The forms to be used in an application under the Act are the forms in the Schedule.

Expiry

9   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on November 30, 2018.

Coming into force

10   This Regulation comes into force on the coming into force of the Missing Persons Act.

Schedule

Form 1

Application for Access to Records
Section 3, Missing Persons Act

                                                                            Docket #                           

In the Provincial Court of Alberta
In the matter of an application under section 3(1)(a)
of the Missing Persons Act

Regarding the Missing Person

____________________________

Application

1  My name is       (name of applicant)      and I am a member of   (police service)   which is conducting an investigation into the whereabouts of the named missing person.

2  I am applying for an order authorizing the police service to obtain access to or copies of the following records which are needed to further the investigation:

   records containing contact information or identification information, and in particular,
(optional) _______________________________________

   electronic communication records for the periods of
  (date and time)   to   (date and time)   including

    □ ____________________________________________

    □   telephone records, and in particular,
(optional) _______________________________________

    □   records related to signals from a wireless device that may indicate the location of a wireless device, and in particular, (optional) ______________________________

    □   cellular telephone records, and in particular,
(optional) _______________________________________

    □   inbound and outbound text messaging records, and in particular, (optional) ______________________________

    □   browsing history, and in particular, (optional) _______

    □   any messages received or actions taken by or with a device during the listed period, and in particular,
(optional) _______________________________________

   global positioning system tracking records, and in particular

    □ ____________________________________________

    □ for the periods of  (date and time)   to  (date and time)  for records existing for the portion of time before this Order is served and for records indicating the location of a wireless device that can be produced for the period of time from the time of service of this Order, and in particular, (optional) _______________________________________

   copies of or access to view, as requested by the police service, video records including closed caption television footage, and in particular, (optional) __________________

   records containing employment information, and in particular

    □ ____________________________________________

        indicating when and where the missing person was last seen or heard from, and in particular, (optional) _________

    □   indicating when, where and how the missing person was paid, and in particular, (optional) _________________

   records containing health information, and in particular

    □ ____________________________________________

    □   indicating hospital admission and location information from      (date)      to      (date)     , and in particular, (optional)
_______________________________________________

           indicating date, time and reason for hospital admission for any hospital admissions during the stated period, and in particular,
(optional) _______________________________________

   records containing school attendance information from      (date)      to      (date)    , and in particular, (optional) _________________________

   records containing travel and accommodation information, and in particular

    □ ____________________________________________

    □   indicating when and where the missing person was last seen or heard from, and in particular, (optional) _________

   records containing financial information, and in particular

    □ ____________________________________________

    □   indicating credit card usage from      (date)      to      (date)      (where, when and for what purpose used), and in particular, (optional) ____________________________

    □   indicating recent access to bank accounts (where, when and for what purpose the account was accessed), and in particular, (optional) ____________________________

   copies of any other records as the justice of the peace considers appropriate, as follows: ____________________

Affidavit

3  In support of my application, I make oath and say that

   the police service has an active, ongoing investigation into the unexplained whereabouts of the missing person.

   copies of or access to the records of or related to the missing person are needed to move the investigation forward.

   I believe that records of these types may exist and may contain information relevant to the investigation.

SWORN BEFORE ME at       (city or town)      
in the Province of Alberta on    (yyyy/mm/dd)   

   (Applicant’s signature)   

                                                                          
               (Commissioner for Oaths)

Form 2

Order for Records
Section 3, Missing Persons Act

                                                                            Docket #                           

In the Provincial Court of Alberta
In the matter of an application under section 3(1)(a)
of the Missing Persons Act

Regarding the Missing Person

____________________________

Order regarding records

Heard before  (name of Justice of the Peace) , a Justice of the Peace

on       (date)       , 20    ,

at                             , Alberta. 

  (name of applicant)  , member of   (police service)  , has applied for an order requiring access to or release of copies of records that may be of assistance in investigating the whereabouts of the missing person.

IT IS ORDERED THAT:

Copies of the following records containing information related to

   the missing person

     (name of individual)   in whose company the missing person may be or may have been

in whoever’s possession the records may be shall be made available to or provided to    (police service)   .

   records containing contact information or identification information, and in particular,
(optional) _______________________________________

   electronic communication records for the periods of
  (date and time)   to   (date and time)   including

    □ ____________________________________________

    □   telephone records, and in particular,
(optional) _______________________________________

    □   records related to signals from a wireless device that may indicate the location of a wireless device, and in particular, (optional) ______________________________

    □   cellular telephone records, and in particular,
(optional) _______________________________________

    □   inbound and outbound text messaging records, and in particular, (optional) ______________________________

    □   browsing history, and in particular, (optional) _______

    □   any messages received or actions taken by or with a device during the listed period, and in particular,
(optional) _______________________________________

   global positioning system tracking records, and in particular

    □ ____________________________________________

    □ for the periods of  (date and time)   to  (date and time)  for records existing for the portion of time before this Order is served and for records indicating the location of a wireless device that can be produced for the period of time from the time of service of this Order, and in particular, (optional) _______________________________________

   copies of or access to view, as requested by the police service, video records including closed caption television footage, and in particular, (optional) __________________

   records containing employment information, and in particular

    □ ____________________________________________

        indicating when and where the missing person was last seen or heard from, and in particular, (optional) _________

    □   indicating when, where and how the missing person was paid, and in particular, (optional) _________________

   records containing health information, and in particular

    □ ____________________________________________

    □   indicating hospital admission and location information from      (date)      to      (date)     , and in particular, (optional)
_______________________________________________

           indicating date, time and reason for hospital admission for any hospital admissions during the stated period, and in particular,
(optional) _______________________________________

   records containing school attendance information from      (date)      to      (date)    , and in particular, (optional) _________________________

   records containing travel and accommodation information, and in particular

    □ ____________________________________________

    □   indicating when and where the missing person was last seen or heard from, and in particular, (optional) _________

   records containing financial information, and in particular

    □ ____________________________________________

    □   indicating credit card usage from      (date)      to      (date)      (where, when and for what purpose used), and in particular, (optional) ____________________________

    □   indicating recent access to bank accounts (where, when and for what purpose the account was accessed), and in particular, (optional) ____________________________

   copies of any other records as the justice of the peace considers appropriate, as follows: ____________________

   an accounting, as requested by the applicant, recording the steps taken by the persons on whom this Order is served to locate any records ordered to be produced above that the persons on whom this Order is served cannot find or that have not been produced.

                                                                                                                        

                                                                                (Justice of the Peace)  

Form 3

Application for an Order for Entry
Section 3, Missing Persons Act

                                                                            Docket #                           

In the Provincial Court of Alberta
In the matter of an application under section 3(1)(b)
of the Missing Persons Act

Regarding the Missing Person _________________,

   a minor

   a represented adult under the Adult Guardianship and Trusteeship Act

1  My name is      (name of applicant)      and I am a member of   (police service)  .

Application

2  I am applying for an order authorizing a police officer   (and name, position of other person)   to enter, by force if necessary, the place or premises specified in my affidavit below to search for and locate the missing person.

Affidavit

3  In support of my application, I make oath and say that

   the police service is conducting an ongoing investigation into the whereabouts of the missing person.

   I have reason to believe that the missing person may be found at the following location: _____________________.

SWORN BEFORE ME at       (city or town)      
in the Province of Alberta on    (yyyy/mm/dd)   

   (Applicant’s signature)   

                                                                      
           (Commissioner for Oaths)

Form 4

Order for Entry
Section 3, Missing Persons Act

In the Provincial Court of Alberta
In the matter of an application under section 3(1)(b)
 of the Missing Persons Act

Regarding the Missing Person _________________,

   a minor

   a represented adult under the Adult Guardianship and Trusteeship Act

Order for Entry

Heard before  (name of Justice of the Peace) , a Justice of the Peace

on       (date)       , 20    ,

at                             , Alberta. 

  (name of applicant)  , member of   (police service)  , has applied for an order authorizing entry to ___________ by force if necessary to search for the missing person.

And upon being satisfied that ___________ is a missing person under the Act and that the police service is conducting an investigation into the whereabouts of the missing person.

And that the missing person is a

   minor

   represented adult under the Adult Guardianship and Trusteeship Act.

And that the applicant has a reasonable belief that the missing person may be located at this location.

It is ordered that a police officer with   (police service)  

   and   (other person)  

may enter   (place or premises)   using force if necessary, in order to search for the missing person.

                                                                                                                        

                                                                                (Justice of the Peace)  

Form 5

Emergency Access Demand
Section 4, Missing Persons Act

To:                       (name)                    

                            (address)                  

  (name of missing person)  , born on   (date of birth)   has been reported as a missing person to the   (police service)  , which is conducting an investigation into the missing person’s whereabouts, case number                            .

Based upon the investigation and information received thus far, it is believed by the investigator that the missing person may be in danger of imminent bodily harm or death and access to information is critical in locating the missing person.  You have been identified as a holder of records that may assist in the location of this missing person.

By the authority of the Missing Persons Act cited above, you are hereby compelled to produce copies of the following records within 12 hours of service of this demand to   (rank)       (name)     of the   (service)   who may be contacted by telephone or text at                          , or by e‑mail at                           .

   records containing contact information or identification, and in particular

    □ ____________________________________________

    □ information contained in your client or employee file, and in particular, (optional) _________________________

   telephone and/or other electronic communication records, including

    □ ____________________________________________

    □   wireless signals indicating the location of the device, and in particular, (optional) _________________________

    □   cellular telephone records from      (date)      to      (date)     , and in particular, (optional) ______________

    □   incoming and outgoing text message records from      (date)      to      (date)     , and in particular, (optional) _______________________________________________

    □   browsing history records from      (date)      to      (date)     , and in particular, (optional) ______________

   global positioning system tracking records, and in particular

    □ ____________________________________________

    □ from       (date)        to       (date)      , and in particular, (optional) _______________________________________

   records containing employment information indicating

    □   when the missing person was last seen or heard from, and in particular, (optional) _________________________

    □   when, where and how the missing person was paid, and in particular, (optional) _________________________

   records containing health information indicating

    □   hospital admission and location information from      (date)      to      (date)     , and in particular, (optional) ____________

    □   date, time and reason for hospital admission for any hospital admissions during the stated period, and in particular, (optional) _______________________________________________

   records containing school attendance information from      (date)     to      (date)    , and in particular, (optional) _________________________

   records containing financial information indicating

    □   credit card usage from      (date)      to      (date)      (where, when and for what purpose used), and in particular, (optional) ______________________________

    □   recent access to bank accounts (where, when and for what purpose the account was accessed), and in particular, (optional) _______________________________________

Dated this                day of                           , 20       

Signed                                                                        

Printed Name of Police Officer                                  

Rank                                                                           

Name of Police Service                                             

Address                                                                       

Pursuant to the Missing Persons Act, [SA 2011, s4(3)] a person who has been served with a copy of this demand shall make the records available or provide copies of the records to the police service within the time specified in the demand.

Form 6

Application for an Order to Comply with Demand
Section 5, Missing Persons Act

                                                                            Docket #                           

In the Provincial Court of Alberta
In the matter of an application under section 5
of the Missing Persons Act

Regarding the Missing Person _________________,

   a minor

   a represented adult under the Adult Guardianship and Trusteeship Act

1  My name is      (name of applicant)     and I am a member of   (police service)  .

Application

2  I am applying for an order

   compelling   (name of person)   to comply with the demand made under section 4 of the Missing Persons Act to provide the records specified in that demand, a copy of which is attached

   for costs of this application.

Affidavit

3  In support of my application, I make oath and say that

   I believe the records demanded are in the possession or under the control of _____________ named in the demand.

   I require the order in aid of investigating the whereabouts of the missing person.

   the demand under section 4 of the Missing Persons Act was effected by       (method)       on      (date)     .

SWORN BEFORE ME at       (city or town)      
in the Province of Alberta on    (yyyy/mm/dd)   

   (Applicant’s signature)   

                                                                      
           (Commissioner for Oaths)

Form 7

Order to Comply with Demand
Section 5, Missing Persons Act

                                                                            Docket #                           

In the Provincial Court of Alberta
In the matter of an application under section 5(1)
of the Missing Persons Act

Regarding the Missing Person _________________,

Order regarding records

Heard before  (name of Justice of the Peace) , a Justice of the Peace

on       (date)       , 20    ,

at                             , Alberta. 

  (name of applicant)  , member of   (police service)  , has applied for an order to comply with a demand requiring production of copies of records that may be of assistance in investigating the whereabouts of the missing person.

IT IS ORDERED THAT:

Copies of the following records containing information related to

   the missing person

     (name of individual)   in whose company the missing person may be or may have been

in whoever’s possession the records may be shall be produced to   (police service)  .

   records containing contact information or identification, and in particular

    □ ____________________________________________

    □ information contained in your client or employee file, and in particular, (optional) _________________________

   telephone and/or other electronic communication records, including

    □ ____________________________________________

    □   wireless signals indicating the location of the device, and in particular, (optional) _________________________

    □   cellular telephone records from      (date)      to      (date)     , and in particular, (optional) ______________

    □   incoming and outgoing text message records from      (date)      to      (date)     , and in particular, (optional) _______________________________________________

    □   browsing history records from      (date)      to      (date)     , and in particular, (optional) ______________

   global positioning system tracking records, and in particular

    □ ____________________________________________

    □ from       (date)        to       (date)      , and in particular, (optional) _______________________________________

   records containing employment information indicating

    □   when the missing person was last seen or heard from, and in particular, (optional) _________________________

    □   when, where and how the missing person was paid, and in particular, (optional) _________________________

   records containing health information indicating

    □   hospital admission and location information from      (date)      to      (date)     , and in particular, (optional) ____________

    □   date, time and reason for hospital admission for any hospital admissions during the stated period, and in particular, (optional) _______________________________________________

   records containing school attendance information from      (date)     to      (date)    , and in particular, (optional) _________________________

   records containing financial information indicating

    □   credit card usage from      (date)      to      (date)      (where, when and for what purpose used), and in particular, (optional) ______________________________

    □   recent access to bank accounts (where, when and for what purpose the account was accessed), and in particular, (optional) _______________________________________

                    (records prescribed by regulation)                        

                                    (address costs)                                      

Dated this                day of                           , 20       

Signed                                                                        

Printed Name of Police Officer                                  

Rank                                                                           

Name of Police Service                                             

Address                                                                       

Pursuant to the Missing Persons Act, [SA 2011, s4(3)] a person who has been served with a copy of this demand shall make the records available or provide copies of the records to the police service within the time specified in the demand.

Form 8

Application for Disclosure of Information
Section 7, Missing Persons Act

Regarding the Missing Person _________________ who is

   a minor

   a represented adult under the Adult Guardianship and Trusteeship Act

1  I am the   (parent or guardian)   of     (name of missing person)  .

2  I am applying to   (police service)   for disclosure of any information collected during the course of its investigation into the whereabouts of   (name of missing person)  , and in particular (optional), ______________________.

3  The period of time for which I am asking for disclosure of the records is   (date)   to   (date)  

4  I am applying for disclosure of this information so that I may know information as to the whereabouts and activities of   (name of missing person)   during the time that   (name of missing person)   was a missing person, the circumstances that led   (name of missing person)   to be a missing person, and also with whom   (name of missing person)   was or may have been in contact with during the time that   (name of missing person)   was a missing person, in order to take steps to protect the safety of   (name of missing person)   in future.

Dated at         , Alberta, this         day of              , 20    .

Name of Applicant - please print in block letters          

                                                                                       

Signature of Applicant                                                   

Address          (street address)            (municipality)      

                (province)                   (postal code)                

Telephone Number   (daytime) -  (        )                        

                                  (evening) -  (        )                        

Fax Number -  (        )                                                     

E-mail Address