Investigations
The Manitoba Financial Services Agency investigates complaints involving activities related to The Securities Act, The Commodity Futures Act, The Real Estate Services Act and The Mortgage Brokers Act. This can include concerns about:
– financial advisers or companies
– investment scams
– realtors and real estate brokerages
– property management companies
– mortgage salespersons and mortgage brokers
All complaints are thoroughly reviewed to determine if an investigation is warranted.
If it is determined an investigation is warranted, the matter will be assigned to an investigator. The investigator will contact the complainant to obtain further information or request further action by the complainant. Staff will also conduct interviews of relevant parties and gather available evidence.
In some cases, a decision will be made not to investigate a complaint. A complaint may also be referred to another police or regulatory agency.
At the conclusion of an investigation, it will be reviewed by the legal department to determine the next steps.
Those next steps will include one of the following:
• Conclude the matter with no action
• Issue a warning letter or reprimand
• Issue allegations and hold a hearing
• Lay charges in Provincial Court
When deciding on the path a matter will take, investigation and enforcement staff will take into consideration various factors that will include the following:
• the public interest
• the seriousness of the allegations
• the strength of the evidence
• type of misconduct
• prior history
• staff resources
Prior to filing a complaint you should determine if the individual and company are registered. You can determine if someone is registered by checking the National Registration Search. If they are registered select Securities or Commodities below to determine the best course of action.
If they are not registered, you should proceed and complete the complaint form.
If they are registered, here are several courses of action you can take to address any concerns you have about your adviser or firm. If you wish to register a complaint about your registered adviser or firm, follow these steps to find a solution:
1. Speak to your adviser. Explain the problem or your concern, and determine if the problem can be solved to your satisfaction.
2. Meet with the manager. If your adviser is not able to assist you, request a meeting with the branch manager to explain the issue and find a solution.
3. Contact the compliance department and the Canadian Investment Regulatory Organization. If your adviser or branch manager cannot resolve your complaint to your satisfaction, you can file a written complaint with the firm’s compliance department and the Canadian Investment Regulatory Organization that regulates the firm’s operations and the standards of practice. Ask your firm for details about contacting its compliance department and the Canadian Investment Regulatory Organization.
If you are not able to resolve the issue with your adviser, branch manager, compliance officer or the Canadian Investment Regulatory Organization, you can complete and submit a complaint form to the Manitoba Securities Commission (MSC) and ask to speak with an investigator. Click here to download a printed complaint form.
It is important that you include all relevant information about your complaint, including dates, times, and documentation such as account statements, letters, or notes. Receiving complete information will help our investigators review your complaint more efficiently.
Complaints are reviewed by MSC staff to determine whether an investigation should be started, whether the complaint could be more efficiently handled by another organization, or whether the complaint will be closed without further review. To learn more about what happens when you make a complaint to the MSC, download the Enforcement Process Chart (PDF).
In reviewing a complaint, it may be necessary for staff of the MSC to obtain personal information, as defined by The Freedom of Information and Protection of Privacy Act (Manitoba), C.C.S.M. c. F175. Staff may determine that disclosure is required to complete a review of the complaint, conduct an investigation, or commence any enforcement action. Disclosure of personal information may be made to another securities regulator, self-regulatory organization, law enforcement, or person (including the subjects of the complaint).
The Manitoba Securities Commission (MSC) regulates derivatives in Manitoba, including the trading of futures contracts and options that are traded on an exchange.
Unless you are a trader with direct access to a futures exchange, you will likely have a trading account with a salesperson employed by a Futures Commission Merchant (FCM). The MSC can investigate complaints regarding how contracts have been traded in an account, as well as complaints about improper or potentially illegal trading activities conducted on a futures exchange.
If you have questions about your trading account, or are concerned that your salesperson or FCM has not been acting in your best interests, you can follow these steps to find a solution:
1. Speak to your salesperson. Explain the problem or your concern, and determine if the problem can be solved to your satisfaction.
2. Meet with the manager. If your adviser is not able to assist you, request a meeting with the FCM manager to explain the issue and find a solution.
3. Contact the compliance department and the New Self-Regulatory Organization of Canada. If your salesperson or FCM cannot resolve your complaint to your satisfaction, you can file a written complaint with the FCM’s compliance department and the New Self-Regulatory Organization of Canada, which regulates the FCM’s operations and its standards of practice.
If a problem cannot be resolved to your satisfaction, you can complete and submit a complaint form to the MSC and ask to speak with an investigator. Click here to download a complaint form.
It is important that you include all relevant information about your complaint, including dates, times, and documentation such as account statements, letters, or notes. Receiving complete information will help our investigators review your complaint more efficiently.
Complaints are reviewed by MSC staff to determine whether an investigation should be started, whether the complaint could more efficiently be handled by another organization, or whether the complaint will be closed without further review. You will be advised on any decision that is made.
In reviewing a complaint, it may be necessary for MSC staff to obtain personal information, as defined by The Freedom of Information and Protection of Privacy Act (Manitoba), C.C.S.M. c. F175. Staff may determine that disclosure is required to complete a review of the complaint, conduct an investigation, or commence any enforcement action. Disclosure of personal information may be made to another securities regulator, self-regulatory organization, law enforcement, or person (including the subjects of the complaint).
1. When discussing a complaint with the registrant or the broker-manager it would be helpful to have the following information readily available:
– registrant’s name
– address of the property involved
– copies of relevant documents such as the listing agreement, offer to purchase, correspondence
– chronological list of dates, times, events, conversations, representations that caused the concern
-ways in which the matter could be resolved to your satisfaction
– date by which you expect to hear back from them
2. If the complaint is not resolved to your satisfaction, you can file a complaint with the MFSA Real Estate division by completing the complaint form. Forms can be submitted by:
email – realestate@gov.mb.ca
mail – 500 – 400 St. Mary Avenue
Winnipeg, Manitoba R3C 4K5
Complaints are reviewed by commission staff to determine whether an investigation should be started, whether the complaint could more efficiently be handled by another organization, or whether the complaint will be closed without further review. You will be advised what decision has been made.
In reviewing a complaint it may be necessary for staff of the MFSA to obtain “personal information” as defined by The Freedom of Information and Protection of Privacy Act (Manitoba), C.C.S.M. c. F175. Disclosure of personal information may be made to another mortgage or securities regulator, self-regulatory organization, law enforcement, or person, including the subject of the complaint, if staff determine disclosure is required to complete its review of the complaint, to conduct an investigation, or in conjunction with any enforcement action commenced by staff.
1. When discussing a complaint with the registrant or the broker-manager it would be helpful to have the following information readily available:
– registrant’s name
– address of the property involved
– copies of relevant documents such as the listing agreement, offer to purchase, correspondence
– chronological list of dates, times, events, conversations, representations that caused the concern
-ways in which the matter could be resolved to your satisfaction
– date by which you expect to hear back from them
2. If the complaint is not resolved to your satisfaction, you can file a complaint with the MFSA Real Estate division by completing the complaint form. Forms can be submitted by:
email – realestate@gov.mb.ca
mail – 500 – 400 St. Mary Avenue
Winnipeg, Manitoba R3C 4K5
Complaints are reviewed by commission staff to determine whether an investigation should be started, whether the complaint could more efficiently be handled by another organization, or whether the complaint will be closed without further review. You will be advised what decision has been made.
In reviewing a complaint it may be necessary for staff of the MFSA to obtain “personal information” as defined by The Freedom of Information and Protection of Privacy Act (Manitoba), C.C.S.M. c. F175. Disclosure of personal information may be made to another mortgage or securities regulator, self-regulatory organization, law enforcement, or person, including the subject of the complaint, if staff determine disclosure is required to complete its review of the complaint, to conduct an investigation, or in conjunction with any enforcement action commenced by staff.
1. When discussing a complaint with the registrant or the broker-manager it would be helpful to have the following information readily available:
– registrant’s name
– address of the property involved
– copies of relevant documents such as the listing agreement, offer to purchase, correspondence
– chronological list of dates, times, events, conversations, representations that caused the concern
-ways in which the matter could be resolved to your satisfaction
– date by which you expect to hear back from them
2. If the complaint is not resolved to your satisfaction, you can file a complaint with the MFSA Real Estate division by completing the complaint form. Forms can be submitted by:
email – realestate@gov.mb.ca
mail – 500 – 400 St. Mary Avenue
Winnipeg, Manitoba R3C 4K5
Complaints are reviewed by commission staff to determine whether an investigation should be started, whether the complaint could more efficiently be handled by another organization, or whether the complaint will be closed without further review. You will be advised what decision has been made.
In reviewing a complaint it may be necessary for staff of the MFSA to obtain “personal information” as defined by The Freedom of Information and Protection of Privacy Act (Manitoba), C.C.S.M. c. F175. Disclosure of personal information may be made to another mortgage or securities regulator, self-regulatory organization, law enforcement, or person, including the subject of the complaint, if staff determine disclosure is required to complete its review of the complaint, to conduct an investigation, or in conjunction with any enforcement action commenced by staff.
If you have a complaint against an insurance company, you can file a formal written complaint with the Financial Institutions Regulation Branch (FIRB). Please include copies of all related documentation and relevant correspondence to and from the insurance company. Please also ensure your concerns and expectations for resolution are clearly stated. To register a complaint against an insurance company, general inquires or more information, please contact FIRB.
If you have a complaint against an insurance agent, broker or adjuster, please contact the Insurance Council of Manitoba.
If you have a complaint against a credit union or caisse populaire (cucp), you should first attempt to resolve it with the cucp. If you are dissatisfied after dealing with the cucp, you can file a formal written complaint with FIRB. Please include copies of all related documentation and relevant correspondence to and from the cucp. Please also ensure your concerns and expectations for resolution are clearly stated. To register a complaint against a cucp, general inquires or more information, please contact FIRB.
1. What kind of matters do you investigate?
Matters we are able to investigate include:
Securities
• Investment Fraud
• Illegal distributions of securities
• Unregistered trading in securities
• Insider trading
• Market manipulation
Real Estate, Property Managers and Mortgage Brokers
• Unregistered trading in real estate
• Complaints against Realtors
• Complaints against Brokers
• Mortgage fraud
• Property Management fraud
• Theft of trust funds
2. What kind of matters are you not able to investigate?
• Security Guards
• Customer service issues
• Home Builders
• Property Inspectors
• Lottery Scams
3. Can MFSA staff provide you with legal advice?
MFSA staff cannot provide you with legal advice and will often refer individuals to their legal counsel. The MFSA can also not recommend specific lawyers, but will often suggest that you seek the advice of a lawyer that specializes in a specific field (example: a securities or real estate lawyer).