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NEWFOUNDLAND AND LABRADOR
REGULATION 87/15

Missing Persons Regulations
under the
Missing Persons Act
(O.C. 2015-204)

(Filed October 15, 2015)

Under the authority of section 19 of the Missing Persons Act , the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s , October 14, 2015.

Julia Mullaley
Clerk of the Executive Council

REGULATIONS

Analysis



Short title

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

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Interpretation

        2. (1) In these regulations

             (a)  "Act" means Missing Persons Act ; and

             (b)  "emergency demand" means an emergency demand for records made under section 10 of the Act.

             (2)  In the Act and these regulations, a reference to "financial information" in respect of a person includes information about a joint account that the person holds with one or more other persons.

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Service requirements

        3. An order or demand under the Act shall be served as follows:

             (a)  in the case of an individual, by leaving a copy of it with the individual;

             (b)  in the case of a corporation,

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

                     (ii)  by leaving a copy of it with an individual who appears to have management or control of a place of business or premises operated by or on behalf of the corporation, or

                    (iii)  by sending a copy of it by facsimile transmission or email to the corporation's last known facsimile number or email address, if the sender receives confirmation that the transmission was successfully completed; and

             (c)  in the case of a partnership,

                      (i)  by leaving a copy of it with a partner,

                     (ii)  by leaving a copy of it with an individual who appears to have management or control of a place of business or premises operated by or on behalf of the partnership, or

                    (iii)  by sending a copy of it by facsimile transmission or email to the partnership's last known facsimile number or email address, if the sender receives confirmation that the transmission was successfully completed.

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Annual report

        4. In addition to the requirements in subsection 10(6) of the Act an annual report shall include a summary of the type of records sought in each demand.

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Retention and disposal of records

        5. (1) Records obtained under the authority of the Act shall be disposed of 90 days after a missing person is located.

             (2)  Notwithstanding subsection (1), records obtained under the authority of the Act may be retained by a police force for a longer period where

             (a)  the missing person is not located;

             (b)  the missing person is located but was deceased at the time he or she was located; or

             (c)  further investigations arise or are likely to arise regarding the disappearance of the missing person.

             (3)  Records obtained under the authority of the Act shall be securely stored so that access to the records is limited to only those members of the police force who require access to perform their job function in accordance with the Act as determined by the commanding officer of the police force.

             (4)  Records obtained under the authority of the Act shall be disposed of in accordance with the police force's policy relating to retention and disposal of confidential records.