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Under section 23 of the Missing Persons Act, the Lieutenant‑Governor in Council makes the following Regulation:

1This Regulation may be cited as the General Regulation – Missing Persons Act.

2The following definitions apply in this Regulation.

“Act” means the Missing Persons Act.(Loi)

“community placement resource” means a community placement resource as defined in the Family Services Act. (centre de placement communautaire)

“identifying information” means identifying information as defined in the Right to Information and Protection of Privacy Act. (renseignements identificatoires)

“personal health information” means personal health information as defined in the Personal Health Information Privacy and Access Act. (renseignements personnels sur la santé)

Applications

3(1)An application for a search order or a record access order under section 2 of the Act or an order requiring a person to comply with an emergency demand under section 8 of the Act shall be on a form provided by the Minister.

3(2)The application may be made

(a) in person,

(b) by telephone, or

(c) by other means of telecommunication.

3(3)The officer applying for an order by telephone or other means of telecommunication shall

(a) provide a copy of the application and any supporting documents to the judge in a manner satisfactory to the judge, and

(b) deliver the original copy of the application and supporting documents to the office of the Provincial Court of New Brunswick.

Records that may be subject to record access order

4The following records are prescribed for the purposes of paragraph 4(a) of the Act:

(a) records containing contact information;

(b) records containing identifying information, including a physical description and any distinguishing marks;

(c) telephone and other electronic communication records, including

(i) records related to signals from a wireless device that may indicate the location of the wireless device,

(ii) cell phone records,

(iii) text messaging records,

(iv) e-mail records, and

(v) Internet browsing history records;

(d) global positioning system tracking records;

(e) records containing employment information;

(f) records containing personal health information;

(g) records from a school, university or other post-secondary educational institution containing attendance information;

(h) records from a community placement resource at which the missing person or third party resides, including

(i) records containing information that might indicate when the missing person or the third party was last seen or heard from,

(ii) records containing information about the missing person or third party’s behaviour and interactions at the community placement resource, and

(iii) records containing information about any person who recently visited the missing person or third party at the community placement resource, including the visitor’s contact information and the date and purpose of the visit;

(i) records from the Registrar under the Indian Act (Canada) about a missing person or third party who is registered or is deemed to be entitled to be registered under that Act;

(j) records containing travel and accommodation information;

(k) records containing financial information;

(l) photographs; and

(m) video records, including closed-circuit television footage.

Records that may be subject to emergency demand

5The following records are prescribed for the purposes of section 6 of the Act:

(a) records containing contact information;

(b) records containing identifying information, including a physical description and any distinguishing marks;

(c) telephone and other electronic communication records, including

(i) records related to signals from a wireless device that may indicate the location of the wireless device,

(ii) cell phone records,

(iii) text messaging records,

(iv) e-mail records, and

(v) Internet browsing history records;

(d) global positioning system tracking records;

(e) records containing employment information to the extent that the records might indicate when the missing person was last seen or heard from and when, where and how the missing person is paid;

(f) records containing personal health information to the extent that the records might indicate whether the missing person had recently been admitted to a hospital and, if so, the name of the hospital, the date and time of admission and the reason for admission;

(g) records from a school, university or other post-secondary educational institution containing attendance information;

(h) records from a community placement resource at which the missing person resides, including

(i) records containing information that might indicate when the missing person was last seen or heard from,

(ii) records containing information about the missing person’s behaviour and interactions at the community placement resource, and

(iii) records containing information about any person who recently visited the missing person at the community placement resource, including the visitor’s contact information and the date and purpose of the visit;

(i) records from the Registrar under the Indian Act (Canada) about a missing person who is registered or is deemed to be entitled to be registered under that Act;

(j) records containing travel and accommodation information;

(k) records containing financial information to the extent that the records might indicate

(i) whether one or more of the missing person’s credit cards were recently used and, if so, when, from where and for what purpose the credit cards were used, or

(ii) whether one or more of the missing person’s bank accounts were recently accessed and, if so, when, from where and for what purpose the bank accounts were accessed;

(l) photographs; and

(m) video records, including closed-circuit television footage.

Disclosure without consent of minor

6 For the purposes of subsection 12(5) of the Act, when determining whether the disclosure of information or records to the minor’s parent or guardian will protect the safety of the minor, the chief officer shall consider

(a) the minor’s age,

(b) the minor’s mental competency to consent or refuse to consent to the disclosure, and

(c) the minor’s relationship with their parent or guardian.

Disclosure without consent of vulnerable person

7(1)In this section, “spouse” means, in relation to a vulnerable person,

(a) a person to whom the vulnerable person is married, or

(b) a person with whom the vulnerable person cohabits in a conjugal relationship.

7(2)The following classes of persons are prescribed for the purposes of subsection 12(6) of the Act:

(a) the vulnerable person’s spouse;

(b) the vulnerable person’s parent or a person who has lawful authority to stand in the place of a parent to the vulnerable person, the vulnerable person’s grandparent, adult child or adult sibling or any other adult next of kin of the vulnerable person;

(c) the vulnerable person’s guardian appointed by a court of competent jurisdiction;

(d) the committee of the person appointed for the vulnerable person under the Infirm Persons Act;

(e) the vulnerable person’s attorney for personal care under the Enduring Powers of Attorney Act;

(f) the Public Trustee appointed under the Public Trustee Act; and

(g) the person in charge of a hospital, a psychiatric facility as defined in the Mental Health Act, a nursing home as defined in the Nursing Homes Act or a community placement resource where the vulnerable person may be residing or receiving care.

7(3)For the purposes of subsection 12(6) of the Act, when determining whether the disclosure of information or records to a person who belongs to a class of persons referred to in subsection (2) will protect the safety of the vulnerable person, the chief officer shall consider

(a) the vulnerable person’s mental competency to consent or refuse to consent to the disclosure, and

(b) if the person to whom the information would be disclosed is the vulnerable person’s spouse, the vulnerable person’s parent or a person who has lawful authority to stand in the place of a parent to the vulnerable person, the vulnerable person’s grandparent, adult child or adult sibling or any other adult next of kin of the vulnerable person, the vulnerable person’s relationship with that person.

Retention and disposal of records

8(1)Subject to subsection (2), records obtained under the authority of the Act shall be disposed of within 90 days after a missing person is located.

8(2)Records may be retained by a police force

(a) if the missing person is not found or if the missing person is found dead, or

(b) for the purpose of a related criminal investigation.

8(3)Records shall be securely stored so that access to them is limited to only those officers who require access to perform their job functions in accordance with the Act as determined by the chief officer.

8(4)Records shall be disposed of in accordance with the methods outlined in the police force’s schedule governing the retention and disposal of records.

Commencement

9This Regulation comes into force on March 1, 2023.

2023-11 - General

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