COMPLAINTS HANDLING AND DISPUTE RESOLUTION POLICY
Act respecting the distribution of financial products and services
The purpose of this policy is to establish a procedure for the fair and free handling of all complaints received by Actif santé financière Inc, hereinafter referred to as the Firm. Its purpose is to govern the receipt of complaints, the transmission of acknowledgements of receipt and notices to the complainant, the preparation of complaint files, where applicable, the transmission of complaint files to the Autorité des marchés financiers (hereinafter referred to as the AMF) and the compilation of complaints with a view to the preparation and transmission of an annual report to the AMF.
- INTERPRETATION AND APPLICATION
a. President Jean-Guy Lamontagne is responsible for the implementation of this policy, administration and all procedures and forms related to this policy. (email@example.com/418-263-3203)
b. As the person responsible for the application of this policy, the President acts as the Authority’s guarantor and ensures that personnel are trained and provided with the relevant information required for the proper application of this policy.
c. In addition to the above-mentioned responsibilities, the Manager is responsible for:
i. Acknowledge receipt of the complaint with the complainant
ii. Transmit the required notices: see clause 4.c.v;
iii. Forward the file to the Autorité, at the complainant’s request: see article 7;
iv. Maintain a complaints register: see article 8;
d. The policy manager is responsible for submitting a semi-annual report to the Authority: June 30 and December 31.
a. To be admissible, a complaint must be made in writing or verbally by the complainant. Whether a complaint is made verbally or in writing, a file will be opened for record-keeping purposes. Written complaints include legal proceedings instituted by the complainant. In the case of a verbal complaint, the person in charge (see paragraph 2.a) must document the complaint in such a way as to enable its retention;
b. For the purposes of this policy, the written complaint must state one of the following three elements:
i. A reproach against the firm, one of its advisors or an employee;
ii. The identification of a potential or actual prejudice that a consumer has suffered or may suffer;
iii. A request for corrective action
c. A complaint does not include any first-level intervention that consists of a communication from a consumer and that is part of an informal process aimed at correcting a particular problem, as long as the problem is dealt with as part of regular activities and without the consumer having to formally file a complaint.
d. If the complaint meets the definition of a claim covered by the firm’s professional liability insurance policy, the procedure will be as follows:
i. The firm forwards to the insurer the written complaint received from the complainant and asks the insurer to confirm its approach to resolving the complaint.
- RECEIPT OF COMPLAINT
a. Consumers wishing to file a complaint must do so in writing to the following address
Actif santé financière Inc.
5600, boul. des Galeries bur 603
Quebec City, Qc G2K 2H6
b. Any advisor or employee of the firm who receives a complaint must refer it, as soon as it is received, to the person responsible for the application of this policy.
c. The person responsible will acknowledge receipt of the complaint within five (5) working days.
The acknowledgement of receipt must contain the following information: (use the attached template)
i. A copy of this policy;
ii. A description of the complaint received, specifying the complaint against the firm, its broker or employee, and the request for corrective action;
iii. The name and contact details of the person in authority responsible for handling the complaint;
iv. Inform the complainant of his or her right to request, at any time, that his or her file be transferred to the Autorité, if he or she is dissatisfied with the response or handling of his or her complaint. The notice must also mention that the Autorité may offer mediation if the parties agree;
v. Inform the complainant that mediation is an amicable conflict resolution process in which a third party (the mediator) intervenes to help the parties reach satisfactory agreements.
vi. A reminder to the complainant that filing a complaint with the AMF does not interrupt the statute of limitations for civil court proceedings against the firm.
- SETTING UP A COMPLAINT FILE
a. A separate file must be opened for each complaint received.
b. The file must include the following elements:
i. The complainant’s written complaint, including the three elements of the complaint (the reproach against the firm or broker or employee, the actual or potential prejudice and the corrective action requested).
ii. The outcome of the complaint handling process (analysis and supporting documents)
iii. Copy of the firm’s final, reasoned response, sent in writing to the complainant.
- HANDLING A COMPLAINT
a. Upon receipt of a complaint, the person in charge will conduct an investigation.
b. The complaint must be processed within fifteen (15) working days of receipt of all necessary information.
c. At the end of the investigation, the manager sends the complainant the firm’s final written response, with reasons.
- TRANSMISSION OF THE FILE TO THE AUTHORITY
a. When the complainant is not satisfied with the firm’s examination of his complaint or with the result of such examination, he may ask the firm to transfer his complaint file to the Authority.
b. This right may be exercised by the complainant at any time.
c. The file transferred to the Autorité consists of all the documents relating to the complaint file.
- CREATION AND MAINTENANCE OF A COMPLAINTS REGISTER
a. The firm shall establish a complaints register for the purposes of applying this policy. Its maintenance is the responsibility of the person in charge (see appendix).
b. Any complaint formulated in writing and corresponding to the definition in article 3 must be entered in this register. For greater clarity, entry in the register is required regardless of the degree of intervention required to deal with the complaint.
- SEMI-ANNUAL REPORT (June 30 and December 31)
a. The person in charge sends the AMF a report on the number and nature of complaints received according to the categories defined in the register set up.
- NOTICE TO ADVISORS AND OTHER FIRM EMPLOYEES
a. The Designated Officer shall ensure that Advisors and other employees of the Firm are aware of and have a copy of the Complaints and Dispute Resolution Policy Statement.
- ENTRY INTO FORCE
a. This policy takes effect on July 1, 2022.