EXPLANATORY NOTE

The Bill amends the Missing Persons Act, 2018 with respect to vulnerable persons alerts. A vulnerable persons alert can be issued to facilitate a search for a missing person who, because of their age, a disability or other circumstances, whether temporary or permanent, is in a position of dependency on others or is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them. The Ontario Provincial Police has the authority to issue a vulnerable persons alert in accordance with a request made by an officer if it also has the authority to issue an alert known as an AMBER alert.

Bill 74 2023

An Act to amend the Missing Persons Act, 2018

His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1 Subsection 1 (1) of the Missing Persons Act, 2018 is amended by adding the following definition:

“vulnerable person” means a person who, because of their age, a disability or other circumstances, whether temporary or permanent,

  (a)  is in a position of dependency on others, or

  (b)  is otherwise at a greater risk than the general population of being harmed by a person in a position of trust or authority towards them. (“personne vulnérable”)

2 Subsection 2 (1) of the Act is amended by adding the following paragraph:

   4.  A vulnerable persons alert issued under subsection 6.1 (1) to facilitate a search for a missing person who is a vulnerable person.

3 The Act is amended by adding the following section:

Vulnerable persons alert

6.1  (1)  An officer may request that the Ontario Provincial Police issue a vulnerable persons alert if,

  (a)  the officer believes a missing person is a vulnerable person;

  (b)  the officer has descriptive information about the vulnerable person or about another person who may be reasonably be expected to have information about the whereabouts of the vulnerable person; and

  (c)  the officer has reasonable grounds to believe that a vulnerable persons alert will assist in locating the missing person.

Specifics of request

(2)  A request may include a description of the region or regions in Ontario in which the officer believes the vulnerable persons alert would be most effective.

Ontario Provincial Police

(3)  The Ontario Provincial Police has the authority to issue a vulnerable persons alert in accordance with a request under this section if it also has the authority to issue an alert known as an AMBER alert.

4 Subsection 8 (4) of the Act is amended by striking out “and” at the end of clause (b) and by adding the following clauses:

(b.1) the total number of vulnerable persons alerts requested in that year;

(b.2) in the case of the Ontario Provincial Police, the total number of vulnerable persons alerts issued in that year; and

Commencement

5 This Act comes into force on the day it receives Royal Assent.

Short title

6 The short title of this Act is the Missing Persons Amendment Act, 2023.