Law

The legal department at the Manitoba Financial Services Agency provides legal support on matters related to registration, compliance, investigative and enforcement functions. This page will provide you with legal information including policies, notices, rules and laws. In this section you will also find information about current and concluded hearings, orders, exemptions and more.

File a Complaint

Securities

Securities

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).

Commodities

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).

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