MIE-1.11 MIE-1.11 Determination of Preliminary Investigation
MIE-1.11.1
If the analysis of the known facts and potential evidence indicates contraventions the
CMSD shall consider whether a sufficient, credible source of facts and evidence suggests contravention of the CBB Law, rules and regulations and/or an enforcement action is warranted. Some of the factors that could be considered include, but are not limited to:(a) The laws, rules or regulations that could potentially be considered as having been contravened or violated;(b) The severity and/or seriousness of such contravention or violation;(c) The potential magnitude of such contravention or violation;(d) The potential losses involved or harm to an investor or investors;(e) Whether the affected group is particularly vulnerable or at risk;(f) Whether the conduct is ongoing;(g) Whether the conduct can be investigated efficiently;(h) WhetherSROs or other authorities might be better suited to investigate the conduct.Amended: July 2021MIE-1.11.2
After conducting an analysis referred to in paragraph MIE-1.11.1, the Director of the
CMSD shall be consulted regarding any further analysis that should be undertaken, before determining whether a preliminaryinvestigation of the potential cases of contravention shall be undertaken. Approval of the Director of theCMSD shall be sought for opening a preliminaryinvestigation .Amended: July 2021