Your complaint examination obligations
Your five obligations regarding the examination of complaints received from clients are:
Documents relating to your obligations
On May 25, 2007, the AMF issued guidance intended for independent representatives and firms with only one representative. This guidance notes that the AMF no longer requires firms with only one representative or independent representatives governed by the Act respecting the distribution of financial products and services to file a report where no complaints have been received. However, upon receipt of a complaint, they will still be required to report the complaint according to established procedures.
Procedure for non-compliance with complaint reporting obligations
The AMF imposes administrative penalties on entities that fail to comply with their reporting obligation. These entities will receive formal notices setting out the allegations against them and the penalty the AMF intends to impose.
For more information, please refer to the AMF’s Bulletin of March 28, 2008:
Frequently asked questions
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1. Adopt a complaint examination policy
In order to ensure the equitable examination of complaints, you must adopt an internal complaint examination and dispute resolution policy regarding the products or services you distribute. Your policy must contain the following sections:
Purpose of your policy
The purpose of the policy is to ensure the free and equitable examination of complaints. More specifically, it is intended to provide oversight for the receipt of complaints, the delivery of the acknowledgement of receipt and the notice to the complainant, the creation of the complaint file, the transfer of this file to the AMF at the complainant’s request, and the filing of the complaint report with the AMF.
Contact information of person in charge
This person administers the policy and acts as a representative with the complainant and the AMF.
Definition of a complaint
A complaint is the expression of one of the following three elements, which persists after being considered and examined at the operational level charged with making a decision:
- a reproach against an organization;
- the identification of real or potential harm that a consumer has sustained or may sustain; or
- a request for a remedial action.
- Complaints are generally expressed in writing through correspondence, e-mail, fax or any other form that allows a complaint to be kept on file. Where a consumer complains by phone or in person and the complaint is handled and examined by the person responsible for the examination of complaints and designated as such in the organization’s policy, the complaint must be documented so that it can be kept on file.
The initial expression of dissatisfaction by a consumer, whether in writing or otherwise, will not be considered a complaint where the issue is settled in the organization’s regular course of business. However, in the event the consumer remains dissatisfied and such dissatisfaction is referred to the person who is responsible for the examination of complaints and designated as such in the organization’s policy, then it will be considered as a complaint.
However, organizations must refrain from any undue delay in referring a complaint to a higher level solely for the purpose of avoiding reporting requirements.
Organizations without a multi-level complaint examination structure are considered to have received a complaint where a consumer remains dissatisfied after a reasonable attempt has been made to settle the issue.
On receipt of a complaint
Contents of a complaint file
A file must be created for each complaint and must contain all documents relating to the complaint.
Description of your complaint examination process
Describe your complaint examination procedure and provide a justified written answer.
Transferring a complaint file to the AMF
If a complainant is not satisfied with the result of the examination of the complaint or with the examination itself, he or she may ask you to transfer the file to the AMF.
The transferred file must include all documents related to the complaint.
Complaints register
The person in charge of administering the policy must create and maintain a register of all complaints received. This register may be useful for filing the complaint report with the AMF.
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2. Examine every complaint in an equitable manner
You must receive your clients’ complaints and examine them in an impartial manner.
Creation of a file for each complaint examined
Create a file for each complaint examined. It is this file that will be sent to the AMF at the complainant’s request. The file must contain:
- the complaint and all documents sent by the complainant;
- your analysis of the complaint;
- all documents consulted and that support the analysis;
- your final and justified written answer.
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3. Send an acknowledgement of receipt and a notice to the complainant
You must send an acknowledgement of receipt to the complainant within five business days of receiving a complaint, as well as a written notice stating that, if the complainant is dissatisfied with the complaint examination procedure or with the answer obtained following the examination, he or she may ask that a copy of the file be sent to the AMF.
The acknowledgement of receipt
The acknowledgement of receipt must contain:
- the name of the person in charge of examining complaints;
- the time required for examining the complaint;
- information about the services offered by the AMF;
- a copy of the policy;
- the notice to the complainant.*
* Notice to the complainant
The purpose of this notice is to inform the complainant of the following:
- If not satisfied with the result of the examination of the complaint or with the answered examination itself, the complainant may ask that the file be transferred to the AMF.
- After receiving the notice, the complainant must wait until the end of the time period for obtaining a final answer, as set out in your policy, before asking for the file to be transfer without, however, exceeding a period of one year following the date of receipt of this answer.
- Following the transfer of the file, the AMF will proceed with its examination and may recommend dispute resolution services if it deems it appropriate and both parties agree.
- The filing of a complaint with the AMF does not interrupt the prescription period for recourse by the complainant before the courts.
To assist you in preparing these documents, consult the Example of a standard acknowledgement of receipt and notice to the complainant.
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4. Send the complaint file to the AMF at the complainant's request
When a complainant requests the transfer of the file to the AMF because he or she is dissatisfied with the examination of the complaint or the answer obtained following the examination, you must comply with the request. The complainant may use the Request for the transfer of a file to the AMF form or submit the request in any other format.
The AMF will examine the file and, if necessary, it may ask you for additional information.
Where it deems it appropriate and the parties agree, the AMF may also recommend dispute resolution.
5. Prepare and send complaint reports to the AMF
The Complaint Reporting System (CRS), accessible via the Internet, helps you to better comply with your complaint reporting obligation according to established criteria.
You are required to report complaints via CRS, whether or not you have received any complaints, twice a year:
- no later than July 30, for data collected between January 1 and June 30;
- no later than January 30, for data collected between July 1 and December 31.
To access this system, you must have obtained a user code and password from the AMF.
If you have not received your user code and password, contact the CRS account administrators by e-mail at rapportdeplaintes@lautorite.qc.ca or by telephone at one of the following numbers:
Québec City: 418-525-0337
Montréal: 514-395-0337
Toll-free: 1-877-525-0337
How to use the Complaint Reporting System (CRS)
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