A-16.1 - Act to assist in locating missing persons

Updated to 5 October 2023

This document has official status.

chapter A-16.1

Act to assist in locating missing persons

CHAPTER I INTERPRETATIVE PROVISIONS

2023, c. 20, s. 117.

1. For the purposes of this Act, a missing person is a person

(1)  who has not been in contact with the persons they would normally be in contact with or regarding whom it is reasonable to fear for the health or safety in the circumstances; and

(2)  whose whereabouts are unknown, despite reasonable efforts made by a police force to locate the person.

In addition, a person accompanying a missing person is a person regarding whom there are reasonable grounds to suspect that they are accompanying a missing person who is a minor or a person in a vulnerable situation within the meaning of the fifth paragraph of section 2 of the Act to combat maltreatment of seniors and other persons of full age in vulnerable situations (chapter L-6.3).

2023, c. 20, s. 117.

2. This Act does not prevent a person, partnership or other group of persons from communicating information to a member of a police force to assist the member in locating a missing person in the absence of a communication order issued to third parties if the law does not otherwise prohibit them from doing so.

2023, c. 20, s. 117.

CHAPTER II COMMUNICATION ORDER ISSUED TO THIRD PARTIES AND AUTHORIZATION TO ENTER PREMISES

2023, c. 20, s. 117.

3. A judge of the Court of Québec or a presiding justice of the peace may, on an application made on the basis of an affidavit by a member of a police force, order a person, partnership or other group of persons to communicate information that is referred to in section 4 concerning the missing person or the person accompanying the missing person and that is in the possession or under the control of the person, partnership or other group of persons when they receive the order. The judge or presiding justice of the peace may also order the preparation of a document based on that information and order that the document be communicated.

The judge or presiding justice of the peace may make the order if satisfied that there are reasonable grounds to believe that the information will assist the police force in locating the missing person and that the person, partnership or group of persons has possession or control of the information.

The order specifies the information that must be communicated, the place and form of communication, the name of the member of the police force to whom it must be communicated and the time limit for communicating it. The order may contain any terms and conditions the judge or presiding justice of the peace considers appropriate, in particular to protect lawyers’ and notaries’ professional secrecy.

Where the judge or presiding justice of the peace who makes the order or any other judge having jurisdiction to make such an order is satisfied, on an application made on the basis of an affidavit by a member of a police force, that public interest warrants it, the judge or justice may vary or revoke the order or set a new time limit.

2023, c. 20, s. 117.

4. The order made under section 3 may concern, among other things,

(1)  information relating to identity;

(2)  telephone communications, electronic communications and information relating to a communication device, including

(a)  signals or other data from a device that may indicate the location of the device;

(b)  inbound and outbound text messages and calls;

(c)  Internet browsing history;

(d)  the brand and model of the device; and

(e)  information found on social media;

(3)  positioning signals and location data, including those provided by a global positioning system (GPS);

(4)  photos and videos, including closed-circuit television footage;

(5)  health and social services information within the meaning of section 2 of the Act respecting health and social services information (chapter R-22.1);

(6)  information relating to a child who receives childcare;

(7)  information relating to a student or a homeschooled child;

(8)  information relating to an employment, a position or an office;

(9)  information relating to means of transportation, travel and accommodation;

(10)  financial information, including the place, date and time of the most recent transactions; and

(11)  any other information specified in the order that the judge or presiding justice of the peace considers appropriate.

2023, c. 20, s. 117.

5. No one is excused from complying with an order made under this Act on the ground that information or documents they are required to communicate or prepare are protected by professional secrecy or may tend to incriminate them or subject them to a proceeding or penalty. However, no information or document that a natural person is required to communicate or prepare may be used or received in evidence against them in a proceeding that is subsequently instituted against them, except in a prosecution for perjury, the giving of contradictory testimony or the fabrication of evidence.

However, the lifting of professional secrecy authorized under this section does not apply to professional secrecy between a lawyer or a notary and a client.

2023, c. 20, s. 117.

6. A judge of the Court of Québec or a presiding justice of the peace may, on an application made on the basis of an affidavit by a member of a police force, grant authorization to enter premises, including a dwelling house, subject to the conditions specified, if the judge or presiding justice of the peace is satisfied that there are reasonable grounds to believe that the missing person is located in the premises and that it is necessary to enter them in order to ensure the missing person’s health or safety.

2023, c. 20, s. 117.

7. Applications under sections 3 and 6 are made in the sole presence of the member of the police force who makes the application and may be made at a distance using technological means.

2023, c. 20, s. 117.

CHAPTER III COMMUNICATION TO THE PUBLIC

2023, c. 20, s. 117.

8. The director of a police force or the person designated by the director may, if they consider it necessary in order to assist in locating the missing person, communicate, among other things, the following information to the public:

(1)  the name of the missing person and, if applicable, of the person accompanying them;

(2)  the age and the physical description of the missing person and, if applicable, of the person accompanying them;

(3)  a photo or other visual representation of the missing person and, if applicable, of the person accompanying them;

(4)  the condition of the missing person where it represents a risk for their safety or health;

(5)  information relating to a means of transportation or mode of travel used by the missing person and, if applicable, by the person accompanying them; and

(6)  the location where the missing person was last seen and the circumstances surrounding the disappearance.

2023, c. 20, s. 117.

9. When the missing person is located, the director of the police force or the person designated by the director may communicate to the public that the missing person has been located or is deceased.

2023, c. 20, s. 117.

CHAPTER IV AMENDING AND FINAL PROVISIONS

2023, c. 20, s. 117.

Tax Administration Act

10. (Amendment integrated into c. A-6.002, s. 69.0.0.13).

2023, c. 20, s. 117.

11. (Amendment integrated into c. A-6.002, s. 69.0.4.1).

2023, c. 20, s. 117.

12. The Minister shall, not later than 5 October 2028, report to the Government on the carrying out of this Act.

Such a report shall be tabled in the National Assembly by the Minister within the next 30 days or, if the Assembly is not sitting, within 30 days of resumption.

2023, c. 20, s. 117.

13. The Minister of Public Security is responsible for the administration of this Act.

2023, c. 20, s. 117.