IN THE MATTER OF A DISCIPLINARY HEARING PURSUANT TO SECTIONS 20 AND 24 OF BY-LAW NO. 1 OF THE MUTUAL FUND DEALERS ASSOCIATION OF CANADA
Donald John McIntyre
NOTICE OF HEARING
NOTICE is hereby given that a first appearance will take place by teleconference before a hearing panel of the Prairie Regional Council (“Hearing Panel”) of the Mutual Fund Dealers Association of Canada (“MFDA”) in the hearing room at the MFDA offices, located at 800 - 6th Avenue S.W., Suite 850, Calgary, Alberta on January 22, 2018 at 10:00 a.m. (Mountain), or as soon thereafter as the appearance can be held, concerning a disciplinary proceeding commenced by the MFDA against Donald John McIntyre (“Respondent”). The Hearing on the Merits will take place in Saskatoon, Saskatchewan at a time and venue to be announced.
DATED: Nov 16, 2017
Director of Regional Councils
Mutual Fund Dealers Association of Canada
121 King St. West, Suite 1000
Toronto, ON M5H 3T9
NOTICE is further given that the MFDA alleges the following violations of the By-laws, Rules or Policies of the MFDA:
Allegation #1: Between January 2010 and November 2015, the Respondent recommended to approximately 423 clients that the clients concentrate all or a substantial portion of their investment holdings in precious metals sector funds, without using adequate due diligence to assess the suitability of his investment recommendations on a client-by-client basis having regard to the essential Know-Your-Client (“KYC”) information relevant to each individual client, contrary to MFDA Rules 2.2.1 and 2.1.1.
Allegation #2: Between January 2010 and November 2015, the Respondent failed to use due diligence to learn and accurately record the essential KYC factors relevant to each client, and to each order and account that he accepted, in order to ensure that the clients’ KYC information matched his investment recommendations to concentrate all or a substantial portion of the clients’ investment holdings in precious metals sector funds, contrary to MFDA Rules 2.2.1 and 2.1.1.
Allegation #3: Between January 2010 and November 2015, the Respondent misrepresented, failed to fully and adequately explain, and/or omitted to explain the risks of investing in precious metals sector funds that he recommended to clients, thereby failing to present the investment recommendations to the clients in a fair and balanced manner, contrary to MFDA Rules 2.2.1 and 2.1.1.
Allegation #4: Between April 2013 and November 2015, the Respondent obtained, possessed and, in some instances, used to process transactions, 3 pre-signed client account forms in respect of 2 clients, contrary to MFDA Rule 2.1.1.
Allegation #5: Between December 2009 and January 2015, the Respondent altered 19 account forms in respect of 14 clients by altering information on the account forms without having the clients initial the alterations, contrary to MFDA Rule 2.1.1.