Missing Persons Act comes into force
The Missing Persons Act and its supporting regulations and forms have come into force. The new legislation has been put in place to provide additional tools to assist police in investigating reports of missing persons in the Northwest Territories.
The purpose of the new law is to assist police in locating a missing person where no criminal investigation is underway. Under the Act, once a resident is established to be a missing person, police officers are able to request information contained in client records with an urgent demand, an order for the production of records, or a search warrant.
The legislation allows the RCMP to seek and be granted access to information from professional partners (banks, education institutions, potential social workers, etc.) to assist with a missing persons investigation.
The Missing Persons Act provides details on:
-
- Court orders as a tool for RCMP to access information and conduct searches.
- Emergency demands for records as a tool for RCMP to access information.
- Types of records that RCMP can access and factors to consider when accessing information.
- Restrictions on use of information and disclosure of information to the public.
- Interactions with other legislation.
- Offences.
- Annual reporting.
The Government of the Northwest Territories undertook extensive work to advance this legislation including research, jurisdictional reviews, broad public engagement, and more focused work with specific stakeholders including the RCMP ‘G’ Division and Health and Social Services. The Act balances the importance of timely police access to information and the protection of privacy.
The coming into force of this legislation brings the Northwest Territories in line with other jurisdictions across Canada. It also advances Action 75 under the GNWT’s Changing the Relationship Action Plan, developed in response to the Calls for Justice from the National Inquiry into Missing and Murdered Indigenous Women and Girls.
“The Missing Persons Act reflects our government’s commitment to strengthening the safety and security of all NWT residents and building safer communities for Northerners. The Act provides additional tools for the RCMP to investigate missing persons cases in the NWT while protecting individual privacy rights. This legislation also responds to the Calls for Justice of the National Inquiry into Missing and Murdered Indigenous Women and Girls."
“The Missing Persons Act represents a step forward in strengthening how we respond when someone goes missing and gives the RCMP the tools they need to act quicky and effectively. As Minister responsible for the Status of Women, I want to honour the families of those who have gone missing. I want to recognize your courage, your advocacy, and your deep commitment to your loved ones. Your voices remain at the centre of what we do and will continue to guide our work ahead. This legislation advances a key commitment under the GNWT’s Action Plan in response to the Calls for Justice on Missing and Murdered Indigenous Women and Girls and provides reassurance to families and communities that police have the right tools in their search for missing persons.”
Quick Facts
- The Missing Persons Act received Assent on June 13, 2024. The Department of Justice has drafted regulations and forms to bring the Act into force.
- The GNWT committed to developing this legislation in response to Call for Justice 5.8 from the National Inquiry into Missing and Murdered Indigenous Women and Girls.
- Missing persons legislation has been enacted in Yukon, Saskatchewan, Alberta, Nova Scotia, Manitoba, British Columbia, Newfoundland and Labrador, Prince Edward Island and Ontario.