Setting Protocols: The Missing Persons Regulations

EC2023-739 outlines the Missing Persons Regulations established under the Missing Persons Act of Prince Edward Island (R.S.P.E.I. 1988, Cap. M-9.1).These regulations set forth the procedures and requirements for police services addressing missing persons cases. They begin by defining key terms, particularly “Act,” which refers to the Missing Persons Act, and clarify that “financial information” includes data about joint accounts held by missing persons. This foundational context is essential for understanding the regulations.
The regulations detail the application process for search orders and record access orders, which can be initiated by police members to a judicial justice of the peace either in person or through electronic means such as telephone, email, or fax. The original application and supporting documents must be submitted to a designated court office. Notably, applications can be made without prior notice, allowing for swift action in urgent situations. The document specifies various required forms for different types of applications and orders, including those for search orders and record access orders, ensuring uniformity and clarity in documentation through designated forms (Forms 1 through 7).
Additionally, the regulations outline how orders and demands must be served. For individuals, a copy should be delivered directly, while in cases involving corporations or partnerships, delivery may be made to a director, officer, or partner, or through electronic means, provided confirmation of transmission is received. This flexibility aims to facilitate effective communication and compliance with the orders. Judicial justices of the peace are also authorized to permit alternative service methods if standard procedures prove impractical, a crucial provision for adapting to various circumstances during missing persons investigations.
Moreover, police services are required to submit annual reports detailing their use of emergency demands under the Act. These reports must summarize the types of records requested and be made publicly available on either the police service’s website or the municipality’s site, enhancing transparency and accountability. The regulations emphasize the handling of records obtained during investigations, stating that records must generally be disposed of within 90 days after a missing person is located. However, if the individual is not found, is discovered deceased, or if further investigations arise, these records may be retained. Disposal must adhere to a police service’s approved schedule for managing confidential records, ensuring sensitive information is handled appropriately.
Prince Edward Island (EC2023-739) September 8, 2023