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The Missing Persons Amendment Act (Silver Alert)

This is an unofficial version.
If you need an official copy, use the bilingual (PDF) version.

S.M. 2017, c. 29

Bill 214, 2 nd Session, 41st Legislature

The Missing Persons Amendment Act (Silver Alert)

Explanatory Note

This note is a reader's aid and is not part of the law.

This Act amends The Missing Persons Act to permit the police to work with broadcasters and others to alert the public when a vulnerable person or another adult with a cognitive impairment is missing.

(Assented to June 2, 2017)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. M199 amended

1           The Missing Persons Act is amended by this Act.

2           The following is added after section 1:

Meaning of "silver alert"

1.1(1)      In this section, "silver alert" means a broadcast messaging system that disseminates information to the public through the media and other means as soon as practicable after a vulnerable person or another adult with a cognitive impairment goes missing in an effort to safely recover the adult.

Police and broadcasters may collaborate

1.1(2)      For the purpose of collaborating to activate silver alerts, a police service may enter into an arrangement or agreement with one or more broadcasters and any other partners that the police service considers appropriate.

When a silver alert may be activated

1.1(3)      A police service may activate a silver alert when a person is reported missing to the police service if the police service determines that the following requirements are met:

(a) the person is a missing person;

(b) the person is a vulnerable person or another adult with a cognitive impairment;

(c) the person's safety and welfare are feared for given his or her cognitive impairment;

(d) there is information available that, if disseminated to the public, could assist in the person's safe recovery.

Information obtained independently

1.1(4)      Subject to subsection (5), information obtained independently of this Act that could assist in the safe recovery of the missing person may be disseminated through a silver alert, including the following information:

(a) the missing person's name;

(b) a physical description of the missing person;

(c) a photograph of the missing person;

(d) information about any medical conditions of the missing person that pose a serious or immediate threat to his or her health;

(e) pertinent vehicle information;

(f) the location where the missing person was last seen;

(g) the circumstances surrounding the disappearance of the missing person.

Personal health information

1.1(5)      Personal health information may be disseminated under subsection (4) only if

(a) a police service reasonably believes that disseminating the information will assist in safely recovering the missing person; and

(b) the information is limited to the minimum amount necessary to accomplish the purpose for which it is disseminated.

Information obtained under the Act

1.1(6)      A police service may also disseminate through a silver alert information released under subsection 8(3).

3           Clause 8(3)(e) of the French version is amended by striking out "concernant son véhicule" and substituting "relativement à un véhicule".

Coming into force

4           This Act comes into force on the day it receives royal assent.