The present policy follows the provisions set out in the Act respecting the distribution of financial products and services ("Law") pertaining to complaint processing and dispute settlement.
1. Purpose of the policy
The purpose of the policy is to ensure fair and free processing of complaints received by Lussier Financial Services Firm Inc. (“Lussier”) in the course of its dealings with clients.
It provides a framework for receiving complaints, sending acknowledgments of receipt and notices to complainants, creating complaint records, transferring records to the Autorité des marchés financiers (“AMF”) at the complainants’ request and submitting an annual complaint report to the AMF.
2. Complaints Officer
The person in charge of the application of the policy within Lussier is Louise Mathieu, Vice President - Business Practices and Compliance (“Complaints Officer”).
In this capacity, the Complaints Officer acts as official respondent with regard to the AMF and to the complainant, as well as ensures that the firm's employees are informed and trained for the proper implementation of the policy.
In addition, the Complaints Officer must:
a) send an acknowledgment of receipt to complainants;
b) transmit the required notices to complainants;
c) ensure diligent and fair processing of complaints;
d) send the complaint record to the AMF, at the complainant’s request;
e) maintain a register of all complaints received by the firm;
f) submit an annual complaint report to the AMF.
3. Definition and admissibility of a complaint
For the purposes of the policy, a complaint is the expression of one of the following three elements that persists after having been considered and processed at the operational level of the firm:
a) a reproach against Lussier or one of its brokers, claims adjusters, or employees;
b) the identification of real or potential harm that a client has sustained or may sustain; or
c) a request for remedial action.
The initial expression of dissatisfaction by a client will not be considered a complaint where the issue may be settled in the regular course of the firm’s activities.
To be admissible, a complaint does not necessarily have to be submitted in writing. If a client makes a verbal complaint, it is the firm's responsibility to record it. It can take the form of a letter, a legal action, or an investigation for disciplinary action.
4. Receipt of a complaint
A client who wishes to file a complaint with the Complaints Officer must do so in writing at the following address:
Louise Mathieu, Vice President - Business Practices and Compliance
LUSSIER CABINET DE SERVICES FINANCIERS INC.
1500-935, de La Gauchetière West
Montreal, Quebec H3B 2M9
An employee of the firm who receives a complaint shall immediately forward it to the Complaints Officer.
The Complaints Officer acknowledges receipt of the complaint within five (5) business days.
A copy of the policy is attached to the acknowledgment of receipt of the complaint, which also includes the following information:
a) a description of the complaint received specifying the reproach against Lussier or its employee, and the remedial action requested by the complainant, if applicable;
b) the name and contact information of the Complaints Officer;
c) in the event of an incomplete complaint, a notice stating the need to provide additional information to the Complaints Officer within five (5) business days. If failing to do so, the complaint will be considered to have been abandoned;
d) a notice informing the complainant of the right to request a transfer of the complaint to the AMF, in the event of dissatisfaction with the outcome of the examination or with the examination process itself;
e) a mention that following the transfer, the AMF will examine the complaint record and will offer dispute resolution services if it deems appropriate;
f) a reminder that the transfer of the complaint to the AMF does not interrupt the prescription period for civil remedies.
5. Complaint record
Each complaint must be documented in a separate file, which includes the following elements:
a) the complainant's complaint;
b) the acknowledgment of receipt sent to the complainant, as well as any request for additional information relating to the complaint;
c) the outcome of the internal complaint processing, including supporting analysis documents;
d) the Complaints Officer final written answer to the complainant;
e) other related documents sent by the complainant to the Complaints Officer.
6. Complaint processing
The Complaints Officer shall investigate upon receipt of a complaint.
The complaint processing must be completed within one (1) month following the receipt of all required information.
Following the investigation, the Complaints Officer shall provide the complainant with a final answer, in writing, detailing the reasons for the decision.
7. Transfer of the complaint to the AMF
Should the complainant be dissatisfied with the final answer provided by the Complaints Officer or with the examination process itself, he may ask that the complaint be transferred to the AMF.
The complainant may exercise this right after receiving a final answer from the Complaints Officer, but without exceeding a period of one (1) year after receiving said answer.
All the documents pertaining to the complaint shall be transferred to the AMF.
8. Creating and maintaining a complaint register
A complaint register shall be established by Lussier in compliance with the policy. The Complaints Officer shall be responsible for keeping the register updated.
Any complaint that falls within the definition provided in section 3 of the policy shall be recorded in the complaint register.
9. Annual complaint reporting
In accordance with the Law, the Complaints Officer provides the AMF with an annual report regarding complaints received between January 1st and December 31st of the previous year.
10. Notice to brokers, claims adjusters and other employees of the firm
The Complaints Officer shall ensure that brokers, claims adjusters and other employees of the firm are aware and have a copy of the present policy.
11. Effective date and updates
This policy came into effect on April 1, 2004, was amended on December 3, 2009, April 5, 2013, July 4, 2014, February 1, 2015, April 6, 2015, July 31, 2015, February 3, 2020, September 20, 2020, January 1, 2023 and October 27, 2023.
This document is the property of Lussier Financial Services Firm Inc. Any reproduction, modification, distribution, transmission or display is strictly prohibited without prior permission.