A-16.1 - Act to assist in locating missing persons

Section 3 Disposition versions

2023-10-05

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.