Complaint handling and dispute resolution policy
1. PURPOSE OF THE POLICY
The purpose of this Policy is to establish a procedure for the fair and free handling of complaints received by the Organization with regards to its status as a firm in the sector of claims adjustment. It is intended, in particular, to provide a framework for receiving complaints, sending acknowledgements of receipt to complainants, assembling complaint files, transferring complaint files to the Autorité des marchés financiers, and compiling complaints for eventual transfer.
2. FIELD OF APPLICATION
This Policy applies to the Organization’s professional liability insurance operations as well as to the committees and staff members performing functions related to those operations.
3. PERSON IN CHARGE
The person who heads the insurance operations function acts as person in charge. This person also acts as respondent for the Autorité des marchés financiers.
A complaint is the written expression by a insured of one of these three elements:
- a charge against the Organization in respect of its insurance operations;
- the identification of the potential or actual harm resulting from it;
- a request for corrective action.
A complaint made verbally must be handled by the person in charge in a manner that allows it to be preserved.
The following does not constitute a complaint:
- any first-level intervention that consists in an informal communication from a insured aimed at rectifying a particular problem, as long as the problem is dealt with in the course of regular activities and without the insured having to file a formal complaint;
- dissatisfaction with the very existence of insurance operations within the Organization, their mandatory nature, or the pricing thereof;
- dissatisfaction expressed before the Professional Liability Insurance Decision-making Committee has made a final decision on a claim, unless it relates to the negotiation process itself.
A insured who wishes to file a complaint must do so in writing to the following address:
Fonds d’assurance responsabilité professionnelle du courtage immobilier du Québec
4905 Lapinière Blvd., Suite 2800
Brossard (Québec) J4Z 0G2
Telephone: 450-656-5959 or 1-866-956-5959
5. RECEIPT OF A COMPLAINT
Any employee of the Organization who receives a complaint must forward it, upon receipt, to the person in charge of the application of this Policy.
The person in charge acknowledges receipt of the complaint in writing within five working days.
The acknowledgement of receipt must contain the following information:
- name and contact information of the person in charge of handling the complaint;
- a relatively detailed description of the complaint received;
- if the complaint is incomplete, a notice to the effect that additional information must be forwarded within 15 days, failing which the complaint will be deemed to have been withdrawn;
- a copy of this Policy;
- a notice informing the complainant:
- of his right at any time to request that his file be transferred to the Autorité des marchés financiers if he is not satisfied with the response to or the handling of his complaint;
- that the Autorité des marchés financiers may offer mediation if the parties agree, reminding the complainant that mediation is a process of informal dispute resolution in which a third party (the mediator) works with the parties to help them reach a satisfactory agreement;
- that the filing of a complaint with the Autorité des marchés financiers does not interrupt the prescription period for civil court proceedings against the subject party.
6. CREATION AND MAINTENANCE OF THE COMPLAINT FILE
A separate file must be opened for each complaint received.
The file must contain the following elements:
- the complainant’s written complaint or, if made verbally, the summary that has been made of it;
- the analysis process and the result of the complaint handling process;
- the final, justified response sent in writing.
7. INVESTIGATION AND RESPONSE
An investigation is made once the complainant has confirmed in writing the description of his complaint.
At the end of the investigation, the person in charge will send the complainant a final, justified response in writing within 45 days of receiving all the necessary information.
8. TRANSFERRING OF THE FILE TO THE AUTORITÉ DES MARCHÉS FINANCIERS
Where the complainant is not satisfied with the review of his complaint by the person in charge or with the result of this review, he may ask that his file be transferred to the Autorité des marchés financiers. The file must be transferred within 15 days following the complainant’s request to this effect.
This right may be exercised by the complainant only after the expiration of the time period for obtaining a final response, and no later than one year after obtaining it.
The transferred file is comprised of all the documents related to the complaint file.
9. CREATION AND MAINTENANCE OF A REGISTER
A complaints register must be established for the purpose of applying the Policy. The person in charge is responsible for maintaining this register.
10. FINAL PROVISION
This Policy is under the responsibility of the Executive Vice-President, Corporate Affairs and submitted to the Board of Directors for approval. It must be revised as needed or at least every three years.