(1) We may consider any number of mitigating factors in a selective disclosure enforcement proceeding including:
(a) whether and to what extent a company has implemented, maintained and followed reasonable policies and procedures to prevent contraventions of the tipping provisions;
(b) whether any selective disclosure was unintentional; and
(c) what steps were taken to disseminate information that had been unintentionally disclosed (including how quickly the information was disclosed)
If a company’s disclosure record shows a pattern of “unintentional selective disclosures”, it will be harder to show that a particular selective disclosure was truly unintentional.
(2) Nothing in this policy statement limits our discretion to request information relating to a possible selective disclosure violation or to take enforcement proceedings within our jurisdiction where there has been a breach of the tipping provisions.