• 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) Whether SROs or other authorities might be better suited to investigate the conduct.
      Amended: July 2021

    • MIE-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 preliminary investigation of the potential cases of contravention shall be undertaken. Approval of the Director of the CMSD shall be sought for opening a preliminary investigation.

      Amended: July 2021