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ARTICLE · 11 JULY 2018

Can You Settle A Securities Enforcement Proceeding In Alberta Without Admitting Misconduct?

Borden Ladner Gervais LLP
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The ASC announced that it had revised the Credit for Exemplary Cooperation in Enforcement Matters Policy to allow respondents to enter into no-contest settlement agreements in certain and limited circumstances.

CanadaCorporate/Commercial Law

The Alberta Securities Commission ("ASC") announced that it had revised the Credit for Exemplary Cooperation in Enforcement Matters Policy (Policy 15-601) to allow respondents to enter into no-contest settlement agreements in certain and limited circumstances.

A no-contest settlement agreement permits the settlement of enforcement proceedings without requiring an admission by the respondent of misconduct. Until the introduction of no-contest settlement agreements, the ASC required an admission of guilt or culpability in order to settle an enforcement proceeding.

The ASC announced that no-contest settlement agreements may be considered when respondents have self-reported, have fully cooperated with the ASC and have taken financial responsibility for their actions. The ASC stated that a "no-contest settlement agreement will not be considered if the ASC has reason to believe that a respondent has engaged in abusive or fraudulent misconduct, or if it is in the public

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