5 (1) An officer may make an urgent demand in writing to a person requiring the person to produce copies of records, in accordance with subsection (6), if the officer is satisfied that there are reasonable grounds to believe that, (a) the records are in the custody or under the control of the person; (b) the records will assist in locating the missing person; and (c) in the time required to obtain an order in accordance with section 4, (i) the missing person may be seriously harmed, or (ii) the records may be destroyed. Factors to consider (2) An officer shall not make an urgent demand unless the officer is of the opinion that the public interest in locating the missing person outweighs the privacy interest of any person whose information may be contained in a record specified in the demand. Same (3) In determining whether to make the demand, the officer shall consider any information that suggests that the missing person may not wish to be located, including information that suggests that the missing person has left or is attempting to leave a violent or abusive situation. Types of records (4) An officer may specify in an urgent demand any records that could be specified in an order made under subsection 4 (1). Form, manner of demand (5) An urgent demand shall be made, (a) in the form approved by the Minister; and (b) in accordance with any additional procedures that may be prescribed. Duty to comply (6) A person who receives an urgent demand shall, as soon as reasonably possible, produce copies of the records specified in the demand that are in the person’s custody or under the person’s control to a member of the police force. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (6) of this Act is amended by striking out “police force” at the end and substituting “police service”. (See: 2018, c. 3, Sched. 7, s. 12 (10)) Oral information (7) If a member of the police force consents to it, a person who receives an urgent demand may orally provide to the member information contained in a record specified in the demand instead of producing a copy of the record. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (7) of this Act is amended by striking out “police force” and substituting “police service”. (See: 2018, c. 3, Sched. 7, s. 12 (11)) Report of request (8) An officer who makes an urgent demand under this section shall, within the prescribed timeframe, provide a written report to the member of the police force designated by the chief of police to receive such reports. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (8) of this Act is amended by striking out “police force” and substituting “police service”. (See: 2018, c. 3, Sched. 7, s. 12 (12)) Content of report (9) The report shall contain, (a) a list of the records specified in the demand; (b) the reasons that, in the view of the officer who requested the records, the requirements under subsections (1) and (2) were met in the circumstances; and (c) any other prescribed information. Notice of request (10) An officer who makes an urgent demand under this section, or another officer in the same police force, shall make reasonable efforts to provide notice, in accordance with the regulations, to a person whose information has been produced pursuant to an urgent demand. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (10) of this Act is amended by striking out “police force” and substituting “police service”. (See: 2018, c. 3, Sched. 7, s. 12 (13)) Same, content (11) The notice shall include any additional information that may be prescribed. Same, timing (12) An officer shall comply with subsection (10), (a) as soon as practicable after the information is produced; or (b) if the officer has reasonable grounds to believe that complying with subsection (10) at the time required by clause (a) may interfere with a member of the police force’s ability to locate a missing person, pose a risk to any person’s safety or interfere with a law enforcement matter or investigation, at the next reasonable time at which complying with subsection (10) would, in the view of the officer, no longer cause such an interference or pose such a risk. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 5 (12) (b) of this Act is amended by striking out “police force’s ability” and substituting “police service’s ability”. (See: 2018, c. 3, Sched. 7, s. 12 (14)) Order not precluded (13) The fact that an officer has made an urgent demand under this section does not preclude the officer, or another officer, from making an application for an order under subsection 4 (1) requiring the same person to produce copies of the same records. Section Amendments with date in force (d/m/y) 2018, c. 3, Sched. 7, s. 12 (10-14) - not in force