(1) CDP may refer a Clearing Member to the Disciplinary Committee where:
(a) the Clearing Member fails to procure securities as directed by CDP, pursuant to these Rules; or
(b) the Clearing Member fails to deliver securities in the buying-in market in accordance with the buying-in procedures as prescribed by CDP.
(2) If the Disciplinary Committee is satisfied that CDP has proved on a balance of probabilities that the Clearing Member has committed the conduct described in the charge, the Disciplinary Committee:
(a) shall impose a penalty, pursuant to its power under Rule 11.5.4, not lower than $20,000; and
(b) may choose to impose, in addition to the penalty in subsection (a), any one or more of the sanction(s) as set out in Rule 11.5.4.