Complaint procedure and dispute settlement policy
This policy is part of the provisions that were added to the Act Respecting the Agence nationale d’encadrement du secteur financier (Bill 107) regarding the handling of complaints and the resolution of disputes.
The purpose of this complaint procedure and dispute settlement policy is to establish a fair and free handling procedure for all complaints received concerning Malouin assurance inc., hereinafter called “Subject.” It is intended, in particular, to regulate the receipt of complaints, the transmission of the acknowledgement of receipt and of notices to the complainant, the creation of a complaint file, the transmission of that file to the Autorité des marchés financiers (hereinafter called “Autorité”) and the compilation of complaints for the preparation and transmission of a yearly report to the Autorité.
Policy enforcement authority
The person responsible for the enforcement of the policy, Mr. Yvan Malouin, acts as respondent to the Autorité. He oversees staff training, and more specifically conveys all relevant information concerning the policy.
Other responsibilities include:
- sending a letter of acknowledgement of receipt to the complainant;
- sending the required notices to the complainant;
- forwarding the file to the Autorité, upon request of the complainant;
- keeping a record of complaints; submitting an annual report to the Autorité.
Obligation to fairly address all complaints
This obligation means that each employee on the receiving end of a complaint must consider it with impartiality, understand the issues raised by the complainant and provide an adequate response that addresses the particular situation.
If dissatisfaction persists, you must inform the complainant of a possible recourse to the complaint procedure and dispute settlement policy and refer them to a member of the executive committee.
You must immediately notify the policy enforcement authority.
For policy purposes, a complaint is the expression of at least one of the three following elements:
- a reproach against the Subject;
- the identification of actual or potential harm that a consumer has experienced or may experience;
- a request for corrective action.
Expression of discontent or any informal attempt undertaken to have a particular issue resolved are not considered a complaint as long as the issue is addressed during the Subject’s regular activities and without the consumer having to file a complaint.To be admissible, a complaint must be filed in writing by the complainant. You may provide the complainant with a consumer complaint form offered for this purpose by the Autorité or invite the complainant to visit the Autorité’s website: http://www.lautorite.qc.ca.
Receipt of a complaint
A consumer wishing to file a complaint must do so in writing to the following address:
MALOUIN ASSURANCE INC.
1200 Notre-Dame Saint-Césaire (Quebec) Canada, J0L 1T0
1 888 625-6846
Any employee who receives a complaint must forward it immediately upon receipt to the policy enforcement authority.
The enforcement authority must acknowledge receipt of the complaint within five working days.
The acknowledgement of receipt must include at least the following information:
- a description of the complaint received, specifying the actual or potential harm, the reproach made against the Subject and the request for corrective action;
- the name and contact details of the person responsible for handling the complaint;
- in the case of an incomplete complaint, a notice requesting additional information from the complainant to be received within 15 days, failing which the complaint will be deemed abandoned;
- a copy of the policy;
- a notice informing the complainant of their right to request that their file be transferred to the Autorité, if they are dissatisfied with the outcome of the handling of the complaint or with the procedure itself, at the end of the 90-day deadline set for obtaining a final decision from the Subject, without exceeding a period of one year after receiving the decision. The notice must also mention that the Autorité could offer mediation if deemed appropriate, upon consent of the parties;
- a notice reminding the complainant that mediation is an amicable settlement procedure in which a third party (the mediator) assists parties in reaching a satisfactory agreement;
- a notice advising the complainant that filing a complaint with the Autorité does not interrupt the limitation period for civil court proceedings against the Subject.
Creation of the complaint file
Each complaint must be filed separately.
The file must include the following:
- the complaint as written by the complainant, including three elements (the reproach against the Subject, the actual or potential harm experienced and the corrective action requested);
- the outcome of the complaint procedure (analysis and supporting documents);
- a copy of the Subject’s final decision, written and motivated, which was sent to the complainant.
Upon receipt of a complaint, the Subject must conduct an investigation.
The complaint must be handled within a reasonable time period, namely within 90 days following receipt of all the information required for review of the file.
Upon completion of the investigation, the policy enforcement authority must send a written and motivated final decision to the complainant.
File transfer to the autorité
Should the complainant be unsatisfied with the outcome of the processing of the complaint or with the procedure itself, they may request that their file be transferred to the Autorité by the Subject. You may provide the complainant with a consumer complaint form offered for this purpose by the Autorité or invite the complainant to visit the Autorité’s website: http://www.lautorite.qc.ca.
This right may only be exercised by the complainant once the deadline set for a final decision has expired, without exceeding a maximum period of one year following the receipt of the decision.
The transferred file includes all documents related to the complaint.
Compliance with the rules for the protection of personal information remains the responsibility of the Subject.
Record creation and maintenance
A record of complaints must be created for the purpose of policy enforcement. It will be updated by the policy enforcement authority.
Any complaint that meets the definition of this term must be registered in the record, in particular:
- any written complaint, regardless of the level of intervention involved in the handling of the complaint;
- any legal proceeding related to the definition of “complaint”;
- any complaint addressed to the Board of Audit and Ethics, in the case of financial services cooperatives.
Within two months following the end of the fiscal year, the policy enforcement authority submits a report to the Autorité, which includes the number and nature of filed complaints, according to the categories appearing in the Subject’s record.
This policy came into effect June 1st, 2005.
Any questions concerning the complaint handling procedure may be addressed to the Information Center of the Autorité:
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