Section 1 definition of "police force" BEFORE repealed by 2024-16-161(a), effective May 1, 2025 (BC Reg 48/2025).
"police force" means
(a) the provincial police force as defined in the Police Act,
(b) a municipal police department as defined in the Police Act, or
Section 1 definition of "police service" was added by 2024-16-161(b), effective May 1, 2025 (BC Reg 48/2025).
Section 1 definitions of "access" and "missing person investigation" BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
"access" means
(a) permitting a member of a police force to examine a record, or
(b) providing a member of a police force with a copy of a record if requested by the member;
"missing person investigation" means an investigation by a police force into the whereabouts of a missing person;
Section 6 (1) and (2) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) A member of a police force may apply for an order requiring a person to give access to a record set out in section 9 in respect of a missing person if the member has reasonable grounds to believe that the record
(a) may assist the police force in locating the missing person, and
(b) is in the possession or under the control of the person.
(2) A justice may make an order under this section if the justice is satisfied that there are reasonable grounds to believe that the record
(a) may assist the police force in locating the missing person, and
(b) is in the possession or under the control of the person.
Section 7 (1) to (3) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) Subject to subsection (2), if a missing person is a minor or a vulnerable person, a member of a police force may apply for an order requiring a person to give access to a record set out in section 9 in respect of a third party if the member has reasonable grounds to believe that
(i) may be in the company of the third party, or
(ii) was last seen in the company of the third party,
(b) the record may assist the police force in locating the missing person, and
(c) the record is in the possession or under the control of the person.
(2) Before applying for an order requiring a person to give access to a record in respect of a third party referred to in subsection (1) (a) (ii), a member of a police force must make reasonable efforts to obtain the consent of the third party.
(3) A justice may make an order under this section if the justice is satisfied that
(a) the member made reasonable efforts to obtain the third party's consent, if applicable,
(b) there are reasonable grounds to believe that the missing person
(i) may be in the company of the third party, or
(ii) was last seen in the company of the third party,
(c) there are reasonable grounds to believe that the record may assist the police force in locating the missing person, and
(d) there are reasonable grounds to believe that the record is in the possession or under the control of the person.
Section 8 (b) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(b) if the person is unable to locate a record specified in the order, provide members of the police force with a description of the efforts made by the person to locate that record.
Section 10 (1) and (2) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) If a missing person is a person at risk, a member of a police force may apply for and a justice may make an order under section 7.
(2) A person against whom an order is made under subsection (1) must, within the time specified in the order,
(a) give access to the records specified in the order, and
(b) if the person is unable to locate a record specified in the order, provide members of the police force with a description of the efforts made by the person to locate that record.
Section 11 (1) and (2) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) If a missing person is a minor or a vulnerable person, a member of a police force may apply for an order authorizing members of the police force to enter, by force if necessary, a private dwelling or other premises or land and search for the missing person if the member has reasonable grounds to believe that the missing person may be located there.
(2) A justice may make an order under this section authorizing members of a police force to enter, by force if necessary, a private dwelling or other premises or land and search for a missing person if the justice is satisfied that there are reasonable grounds to believe that the missing person may be located there.
Section 13 (3) BEFORE amended by 2024-16-162, effective May 1, 2025 (BC Reg 48/2025).
(3) In this section, "officer in charge" means as follows:
(a) in relation to the provincial police force referred to in paragraph (a) of the definition of "police force" in section 1 of this Act, the commissioner as defined in the Police Act or an individual designated by the commissioner;
(b) in relation to a municipal police department referred to in paragraph (b) of the definition of "police force" in section 1 of this Act, the chief constable as defined in the Police Act or an individual designated by the chief constable;
(c) in relation to a prescribed entity referred to in paragraph (c) of the definition of "police force" in section 1 of this Act, a prescribed senior official or an individual designated by the senior official.
Section 13 (1) and (2) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) A member of a police force may make an emergency demand for records requiring a person to give access to a record set out in section 15 if the member has reasonable grounds to believe that
(a) the time required for applying for an order under section 6 may result in
(i) serious bodily harm to or the death of a missing person, or
(ii) destruction of the record,
(b) the record may assist the police force in locating the missing person, and
(c) the record is in the possession or under the control of the person.
(2) If a member of a police force serves a demand under this section on a person, the member must, as soon as practicable, file a written report in the prescribed form and manner with the officer in charge that sets out the circumstances in which the demand was made.
Section 14 (b) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(b) if the person is unable to locate a record specified in the demand, provide members of the police force with a description of the efforts made by the person to locate that record.
Section 16 (1) and (2) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) If a person who is served with an emergency demand for records fails to comply with the demand, a member of the police force may apply for an order requiring the person to comply with that demand.
(2) A justice may make an order under this section if the justice is satisfied that there are reasonable grounds to believe that the record specified in the demand
(a) may assist the police force in locating the missing person, and
(b) is in the possession or under the control of the person.
Section 17 (b) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(b) if the person is unable to locate a record specified in the demand, provide members of the police force with a description of the efforts made by the person to locate that record.
Section 18 (1) and (3) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) Each year, a police force must prepare an annual report respecting emergency demands for records made by the police force in the immediately preceding calendar year.
(3) The police force must provide the annual report to the minister or a person designated by the minister in the form and within the time specified by the minister.
Section 20 (1) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(1) A police force may use information in a record accessed under this Act only for the purpose of locating a missing person or a use consistent with that purpose.
Section 21 (2) (part) and (2) (f), (3) (part) and (3) (j), (4) to (6) and (7) (part) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(2) A police force may disclose information in a record accessed under this Act only as follows:
(f) to the legal counsel for the police force, for the purpose of preparing or obtaining legal advice for the police force or for use in civil proceedings involving the police force;
(3) For the purposes of a missing person investigation, a police force may make public the following information:
(j) any other information that the police force considers appropriate;
(4) A police force may publicly announce that a missing person has been located.
(5) Subject to the regulations, if a missing person who is a minor is located, a police force may, without the consent of the minor, disclose information in a record accessed under this Act in respect of the minor to a parent or guardian of the minor if, in the opinion of the police force, the disclosure will protect the safety of the minor.
(6) Subject to the regulations, if a missing person who is a vulnerable person is located, a police force may, without the consent of the vulnerable person, disclose information in a record accessed under this Act in respect of the vulnerable person to a prescribed person if, in the opinion of the police force, the disclosure will protect the safety of the vulnerable person.
(7) A police force may, to the extent necessary to coordinate missing person investigations and other activities respecting missing persons, disclose information in a record accessed under this Act to
Section 22 (b) BEFORE amended by 2024-16-174,Sch 1, effective May 1, 2025 (BC Reg 48/2025).
(b) is necessary for performing the statutory duties of, or for operating a program or activity of, the police force.