How to Respond to a Regulatory Investigation in Canada
A regulatory investigation calls for early document preservation, a clear understanding of the regulator’s authority and a controlled response.
When a Canadian regulator contacts a business, preserve potentially relevant information, identify the regulator’s statutory authority and deadline, centralize communications, and obtain advice before waiving privilege or taking a position. Do not obstruct, destroy records or assume that the investigation provides the same rights and sequence as a court case. Each regulator’s statute and process controls. Record how and when contact occurred and obtain a complete copy of the notice, demand, order, warrant or request. Confirm the investigator’s identity through an official channel if the contact is unexpected. Do not improvise a substantive answer at reception or during an unplanned call. Designate a response lead and a backup. Ask employees to route investigator communications to that team while remaining courteous and not interfering with lawful action.
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