This policy is in compliance with the provisions set out in the Act Respecting the Distribution of Financial Products and Services pertaining to complaint examination and dispute resolution.
Purpose of the Policy
The purpose of this policy is to set up a free and fair procedure for examining all complaints received by Lussier (the “firm”).
It is intended, in particular, to govern the receipt of complaints, the delivery of the acknowledgement of receipt to the complainant, the creation of the complaint file, the transfer of the file to the Autorité des marchés financiers (the “AMF”) and the compilation of complaints for the purpose of preparing and filing a semi-annual report with the AMF.
Person in Charge
The person in charge of the application of the policy within our firm is Louise Mathieu, Vice President – Business Practices and Compliance (“the person in charge”).
As the person in charge of the application of the policy, this person shall also act as the representative with respect to the AMF. She shall train the personnel and, in particular, provide the personnel with the necessary information for compliance with this policy.
As well, the person in charge shall have the following duties:
- send an acknowledgement of receipt;
- send the required documents to the complainant;
- handle the request;
- send the file to the AMF, at the complainant’s request;
- keep a complaint register up to date;
- file a semi-annual report with the AMF.
Complaint Definition and Admissibility
For the purposes of the policy, a complaint is the expression of at least one of the following three elements:
Any first consumer communication or informal step aimed at correcting a particular problem is not a complaint, insofar as the problem is dealt with by the one of the firm’s operational divisions.
To be admissible, a complaint doesn’t necessarily have to be filed in writing by the complainant. If it is made verbally, it is up to the firm to write it down. It can take the form of a letter, a lawsuit or an investigation regarding a disciplinary complaint.
- a reproach against the firm, one of its brokers or one of its employees;
- the identification of real or potential harm to a consumer;
- a request for remedial action.
Receipt of the Complaint
A consumer who wishes to file a complaint mus do so in writing to one of the following adresses:
Mrs. Louise Mathieu
Vice President - Business Practices and Compliance
1500‑935, rue de la Gauchetière Ouest
Montréal (Québec) H3B 2M9
Phone: 514 282-1112 #12056
Toll free: 1 877 587-7437 #12056
Fax: 450 746-9008
A broker or an employee who receives a complaint shall immediately forward it to to the person in charge of the application of this policy.
The person in charge shall acknowledge receipt of the complaint within 5 business days. The acknowledgement of receipt shall contain the following information:
- a copy of this policy;
- a description of the complaint received specifying the reproach against the firm and/or its employee and the request for remedial action;
- the name and contact information of the person in charge of examining the complaint;
- in the case of an incomplete complaint, a notice requesting additional information to which the complainant must respond within five business days, failing which the complaint will be considered to have been abandoned;
- a notice informing the complainant of his right to request, upon the expiry of the period of (1) one month set for obtaining all necessary information, but no later than one year following the answer to the complaint, the transfer of his file to the AMF if he is dissatisfied with the outcome of the examination of his complaint or the examination itself. The notice shall also indicate that the AMF may offer mediation if the parties agree;
- a notice reminding the complainant that mediation is an amicable settlement process in which a third party intercedes with the parties to assist them in reaching a satisfactory agreement;
- a reminder to the complainant that a complaint filed with the AMF does not interrupt the limitation period for lawsuits in civil courts against the firm.
Creation of the Complaint File
A separate file shall be created for each complaint. The file shall contain the following:
- the complainant’s written complaint, including one of three elements of a complaint (reproach against the firm, its broker or employee; real or potential harm; and remedial action request);
- a copy of the acknowledgement of receipt sent to the complainant or request for clarification;
- the outcome of the complaint examination process (analysis and supporting documents);
- a copy of the firm’s final written answer, containing reasons for the answer, as sent to the complainant;
- a copy of any document that the complainant sent the person in charge.
Upon receipt of a complaint, the person in charge identified under paragraph 2 shall conduct an investigation.
The complaint shall be examined within one month following receipt of all required information.
After the investigation, the person in charge shall send the complainant a final answer in writing, containing reasons for the decision.
Transfer of the File to the AMF
If the complainant is not satisfied with the result of the examination of his complaint or with the examination itself, he may ask the firm to transfer his file to the AMF.
The complainant may exercise this right only upon the expiry of the maximum time limit of one month allowed for obtaining a final answer, but without exceeding a period of one year following this answer.
The file transferred to the AMF shall include all the documents regarding the complaint.
Creating and Updating a Register
A complaint register shall be established by the firm for purposes of the application of the policy. The person in charge shall be responsible for keeping the register up to date.
Any complaint that falls within the definition found in section 3 shall be recorded in the register.
According to the law, the firm has an obligation to report complaints to the AMF twice a year.
The person in charge shall send to the AMF a report detailing the number and nature of complaints received according to the categories defined in the register twice a year, at the latest on July 30 for data collected between January 1 and June 30, and at the latest on January 31 for data collected between July 1 and December 31.
Notice to Brokers and Other Employees of the Firm
The person in charge shall ensure that brokers, claims adjusters and other employees of the firm are aware and have a copy of the Complaint Examination and Dispute Resolution Policy.
This policy is effective as of April 1, 2004.