8106. Confidentiality of investigations

Or jump to a Series:

    1. IIROC may make an order prohibiting a person from communicating, for a specified period, some or all of the following information related to an investigation to another person except the person’s counsel or another individual who represents the person or as required by law: 

      1. the nature or content of the investigation or a request under subsection 8103(1),

      2. the fact of an entry by Enforcement Staff under subsection 8103(3),

      3. the fact that any report, record, other document or thing was requested, produced, provided, inspected, copied or taken,

      4. the name of any person required to attend and answer questions, or

      5. any questions asked or any answers given on an attendance.

    2. An order made under subsection 8106(1) shall not prohibit disclosure:

      1. of any fact that the person became aware of otherwise than as a result of the conduct of the investigation,

      2. that is required to fulfill:

        1. any request made in connection with an investigation, but only to the extent necessary to respond to the request,

        2. an obligation of the person under IIROC requirements,

        3. a fiduciary obligation of the person to a Regulated Person, or

        4. a contractual obligation of the person to comply with the policies of a Regulated Person,

      3. of information in connection with the imposition of restrictions on a person who is a subject of the investigation, but only to the extent necessary to implement the restrictions, or

      4. of the existence and nature of an investigation to:

        1. a Regulated Person who is the person’s employer, 

        2. an employee of a Regulated Person with supervisory authority over or compliance responsibility for the person, or 

        3. employees of the Regulated Person who are senior to the employees contemplated in sub‑clause 8106(2)(iv)(b), but only to the extent necessary to supervise the person or allow officers of a Dealer Member or other Regulated Person to inform their board of directors of an investigation.

    3. Notwithstanding an order made under subsection 8106(1), a person may disclose information, with the consent of a hearing panel on a motion under section 8413, if the hearing panel determines that disclosure of that information would not impede the conduct of the investigation and is otherwise justifiable, subject to any terms and conditions that the hearing panel considers appropriate.

    There is no history log for this rule.

    There is no history log for this rule.