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  • Procedure: Participation of Decision-Makers in Discussions

    • MIE-3.5.5

      (a) The EDRC may, but need not, participate in the discussions exploring possible settlement.
      (b) If the EDRC has not been involved in the discussions, but an agreement has been reached, they may ask to meet the relevant CMSD staff or the person concerned, in order to assist in the consideration of the proposed settlement.
      Amended: July 2021

    • MIE-3.5.6

      The terms of any proposed settlement:

      (a) Will be put in writing and be agreed by CMSD staff and the person concerned;
      (b) May refer to a draft of the proposed warning notices (if any) setting out the facts of the matter and the CMSD's conclusions;
      (c) May, depending upon the stage in the enforcement process at which agreement is reached, include an agreement by the person concerned to:
      (i) waive and not exercise any rights under the CBB Law or otherwise to take note of, or access to material relied upon by the CMSD any secondary material which might undermine the CMSD decision to give the warning notice;
      (ii) waive and not exercise any rights under the CBB Law or otherwise to make representations to the CBB in respect of a warning notice;
      (iii) not object to the giving of an enforcement order before the expiry of the 30 day period after the giving of a warning notice;
      (iv) not dispute with the CMSD the facts and matters set out in a warning notice, or enforcement order, and to waive and not exercise any right under the CBB Law to refer the matter to the Court.
      (d) Will include that the person subject to the enforcement action accepts that it contravened relevant requirements and admits relevant facts regarding those contraventions in the settlement.
      (e) Will vary depending on the circumstances of the matter and the CBB settles only if the agreed terms of the settlement result in an acceptable policy and regulatory outcomes.
      Amended: July 2021

    • MIE-3.5.7

      The EDRC may:

      (a) Accept the proposed settlement by deciding to give an enforcement order based on the terms of the settlement; or
      (b) Decline the proposed settlement; or
      (c) Recommend other terms.
      Amended: July 2021

    • MIE-3.5.8

      (a) In a matter where the CMSD is engaged in settlement discussions and the EDRC subsequently declines the proposed settlement, they may invite CMSD staff and the person concerned to enter into further discussions to try to achieve an outcome the EDRC would be prepared to endorse.
      (b) However, if the matter for settlement has been submitted to the EDRC for consideration, it will be for the EDRC to decide:
      (i) Whether to extend the period for representations in response to a warning notice; or
      (ii) If representations have been made in response to a warning notice, whether to proceed to give an enforcement order.
      Amended: July 2021

    • MIE-3.5.9

      The CBB and other parties may agree to mediation as a way of facilitating settlement in appropriate cases.

      Amended: July 2021