Missing Persons Act, 2018

The Government of Ontario recognizes the seriousness of the issue of missing persons in Ontario and its negative impact on the family and loved ones of missing persons. The families and loved ones of missing persons have requested that the Government of Ontario enhance the tools available to police when attempting to locate missing persons. The Government of Ontario recognizes that the circumstances surrounding each missing person’s absence are unique, but that sexism, racism, transphobia, homophobia, other forms of marginalization and the legacy of colonization are factors that may increase the risk of a person becoming a missing person. The Government of Ontario acknowledges the importance of timely and effective measures being available to police to assist with locating missing persons. These measures must also take into account people’s privacy interests and agency. Therefore, Her Ma…

1 (1) In this Act, “chief of police” means, (a) a chief of police as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019, or (b) a First Nation Officer who is in charge of a group of First Nation Officers described in clause (b) of the definition of “police service”; (“chef de police”) “First Nation Officer” means a First Nation Officer as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019; (“agent de Première Nation”) “justice” means a provincial judge or a justice of the peace; (“juge”) “member of a police service” means, (a) a member of a police service as defined in subsection 2 (1) of the Community Safety and Policing Act, 2019, or (b) a First Nation Officer in a group described in clause (b) of the definition of “police service”; (“membre d’un service de police”) “Minister” means the Minister of Community Safety and Correctional Servic…

2 (1) This Act establishes the following measures to assist members of a police service in locating a missing person in the absence of a criminal investigation: 1. An order issued under subsection 4 (1) for the production of records. 2. An urgent demand made under subsection 5 (1) for the production of records. 3. A search warrant issued under subsection 6 (1) to facilitate a search for a missing person. 2018, c. 3, Sched. 7, s. 2 (1), 12 (4). Order, demand not mandatory (2) Nothing in this Act shall be interpreted as limiting a person’s ability to disclose information to a member of a police service in order to assist the member in locating a missing person in the absence of an order or urgent demand for the production of records if the person is not otherwise prohibited by law from disclosing the information. 2018, c. 3, Sched. 7, s. 2 (2), 12 (5). Section Amendments with date in force…

3 (1) An officer may apply for an order or warrant under this Act without notice. Same (2) In making an application for an order or warrant under this Act, an officer may, (a) appear personally before a justice; or (b) use a means of written electronic communication. Alternative to oath, written electronic communication (3) If an officer who uses a means of written electronic communication makes a statement in writing that the information contained in the application is true to the officer’s knowledge and belief, that information is deemed to have been given under oath for the purposes of this Act. Filing of application (4) If an application is made by means of written electronic communication, the justice who receives the application shall, as soon as possible after the application is received, have it filed with the clerk of the court. Form, manner of application (5) An application sha…

4 (1) On application by an officer, a justice may make an order requiring any person specified in the order to produce copies of specified records to members of a police service if the justice is satisfied, on the basis of information provided by the officer under oath, that there are reasonable grounds to believe that, (a) the records are in the custody or under the control of the person; and (b) the records will assist in locating a missing person. 2018, c. 3, Sched. 7, s. 4 (1), 12 (6). Types of records (2) Without limiting the generality of subsection (1), the order may specify the following types of records that relate to the missing person or other persons: 1. Records containing contact information or other identifying information. 2. Photos, videos or other records containing visual representations. 3. Records of telecommunications or records that contain other electronic communic…

5 (1) An officer may make an urgent demand in writing to a person requiring the person to produce copies of records, in accordance with subsection (6), if the officer is satisfied that there are reasonable grounds to believe that, (a) the records are in the custody or under the control of the person; (b) the records will assist in locating the missing person; and (c) in the time required to obtain an order in accordance with section 4, (i) the missing person may be seriously harmed, or (ii) the records may be destroyed. 2018, c. 3, Sched. 7, s. 5 (1). Factors to consider (2) An officer shall not make an urgent demand unless the officer is of the opinion that the public interest in locating the missing person outweighs the privacy interest of any person whose information may be contained in a record specified in the demand. 2018, c. 3, Sched. 7, s. 5 (2). Same (3) In determining whether t…

6 (1) On application by an officer, a justice may issue a warrant authorizing members of a police service to enter onto a specified premises, including into a building, dwelling, receptacle or place, if the justice is satisfied on the basis of information provided by the officer under oath that there are reasonable grounds to believe that, (a) a missing person may be located at the premises; and (b) authorizing members of a police service to enter the premises is necessary to ensure the safety of the missing person. 2018, c. 3, Sched. 7, s. 6 (1), 12 (15, 16). Factors to consider (2) The justice shall not issue the warrant unless the justice is of the opinion that the public interest in locating the missing person outweighs the privacy interest of any person that may be engaged by members of a police service entering onto the premises. 2018, c. 3, Sched. 7, s. 6 (2), 12 (17). Same (3) In…

7 (1) Before a missing person is located, a chief of police or person designated by the chief of police may disclose any information to the public, including personal information, by any means that the chief or designated person considers appropriate if, (a) the chief or designated person has reasonable grounds to believe that it will assist in locating the missing person; or (b) the disclosure is for a prescribed purpose. 2018, c. 3, Sched. 7, s. 7 (1). Same (2) Without limiting the generality of subsection (1), the following information may be disclosed under that subsection: 1. The name of the missing person or another person. 2. The age and physical description of the missing person or another person. 3. A photo or other visual representation of the missing person or another person. 4. The fact that the missing person has a medical condition that poses a threat to the person’s health…

8 (1) On or before the prescribed date in each year, a chief of police shall prepare an annual report under this section and shall, (a) in the case of a chief of police of a police service maintained by a police service board, provide a copy of the report to the board; (b) in the case of a chief of police who is in charge of a group of First Nation Officers, provide a copy of the report to the entity that has an agreement with the Minister; and (c) in the case of the Commissioner of the Ontario Provincial Police, provide a copy of the report to the Minister. 2018, c. 3, Sched. 7, s. 8 (1), 12 (24, 25). Report public (2) After receiving a report, a board or entity shall, (a) provide a copy of the report to the Minister; and (b) make the report available to the public in the prescribed manner. 2018, c. 3, Sched. 7, s. 8 (2). Same (3) After receiving the report from the Commissioner of the …

9 The Minister shall conduct a review of this Act within five years after the day this section comes into force.

10 The Minister may make regulations, (a) respecting any matter that this Act describes as being prescribed by or provided for in the regulations; (b) defining any word or expression used in this Act that is not already defined; (c) respecting any matter that the Minister considers necessary or advisable to carry out the purposes of this Act.

11 This Act binds the Crown.

12 Omitted (provides for amendments to this Act). 2018, c. 3, Sched. 7, s. 12; 2023, c. 12, Sched. 1, s. 82. Section Amendments with date in force (d/m/y) 2023, c. 12, Sched. 1, s. 82 - 08/06/2023

13 Omitted (provides for coming into force of provisions of this Act).

14 Omitted (enacts short title of this Act). ______________