The steps of an enforcement proceeding commenced by a Statement of Allegations (Form 3) are the following, however these steps can vary. These steps are further detailed in the Rules of Procedure.
THE STATEMENT OF ALLEGATIONS IS FILED AND SERVED
The Financial and Consumer Services Commission files a Statement of Allegations (Form 3) and serves it on the respondent(s) together with its disclosure. The Registrar returns a filed copy to the Commission.
THE DEFENCE IS FILED
A respondent who intends to dispute the allegations in the Statement of Allegations should file a Defence (Form 5) within the time set out in rule 7.5. The Registrar will return a filed copy to all parties.
THE HEARING DATE IS SET
The Registrar sets a hearing date and issues a Notice of Hearing.
PRELIMINARY MOTIONS ARE FILED
Consider whether you have any procedural or preliminary issues that can be resolved by the Tribunal. See Filing a Motion for more details.
THE RESPONDENT'S DOCUMENTS ARE SHARED
A respondent who wants to present documents at the hearing must provide copies to all parties and the Registrar of the Tribunal within the time fixed by the hearing panel.
EXPERT WITNESSES ARE IDENTIFIED
A party who intends to call an expert to testify or wants to present an expert's report at the hearing must do so within the time fixed by the hearing panel and by respecting the requirements of rule 10.6. Keep the originals of documents (or copies if not available) for the Tribunal at the hearing.
The parties attend the hearing at the location, date and time set out in the Notice of Hearing. Failure to attend the hearing can have serious consequences.
THE DECISION IS ISSUED
After the hearing, the panel typically writes a decision, which may take between one to several months. You will receive a copy of the decision.
THE DECISION IS REVIEWED
Carefully review the decision. If you do not agree with the decision, you may have the right to appeal the decision or seek judicial review. The decision takes effect immediately, unless a stay is obtained pursuant to subsection 48(4) of the Financial and Consumer Services Commission Act.