Warning

NOTICE

Insurers must now file their complaint reports using the CCIR Annual Statement on Market Conduct no later than May 1 of each year.

End of the warning

Your five obligations concerning the examination of client complaints are as follows:

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 a fair and free examination of complaints. More specifically, it is intended to provide oversight for the receipt of complaints, delivery of the acknowledgment of receipt and notice to the complainant, creation of the complaint file, transfer of this file to the AMF at the complainant’s request, and filing of the complaint report with the AMF.
  • Complaint reporting obligation
    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.
     

For more information, see the Complaint Examination and Dispute Resolution Policy (pdf - 46 KB)This link will open in a new window.

Examine every complaint in an equitable manner

You must receive your clients’ complaints and examine them in an impartial manner.

Create 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;
  • Any information related to the complaint;
  • Your final justified written response.

Send an acknowledgment of receipt and a notice to the complainant

On receipt of the complaint, you must send an acknowledgment of receipt and a notice to the complainant.

The acknowledgment of receipt

The acknowledgment of receipt must contain:

Notice to the complainant

The purpose of this notice is to inform the complainant of the following:

  • If still not satisfied with the outcome or with the examination of the complaint, the complainant may at any time, ask you to transfer the complaint file to the AMF;
  • Following the transfer, the AMF will examine the file and, if deemed appropriate, may offer dispute resolution services;
  • The filing of a complaint with the AMF does not interrupt the prescriptive period for civil remedies.

To assist you in preparing these documents, see the Example Acknowledgment of receipt including notice (pdf - 30 KB)This link will open in a new window.

Send the complaint file to the AMF at the complainant's request

You must agree to a complainant's request to transfer his/her file to the AMF if he/she is not satisfied with the outcome or with the examination of the complaint.

To this end, the complainant may use the form to Request the Transfer of a File to the AMF   (pdf - 52 KB)This link will open in a new windowor make the request in any other manner.

The AMF will examine the file and, if necessary, ask you for more information or documents.

After analyzing the file, the AMF will offer its dispute resolution services, if deemed appropriate.

Prepare and send your complaint reports to the AMF

The Complaint Reporting System (CRS), accessible on-line, helps you to better comply with your complaint reporting obligation This link will open in a new window according to established criteria.

You must use this system to submit a report twice a year, regardless of whether you received a complaint during the period in question.

Reporting date reminder

Period from:

Report:

July 1 to December 31

No later than January 30

January 1 to June 30

No later than July 30

Since April 2008, the AMF has been imposing administrative measures on firms that fail to comply with complaint reporting obligation. These entities receive formal notices setting out the allegations against them and the penalty the AMF intends to impose.

To use the Complaint Reporting System (CRS) This link will open in a new window, you must have a user ID and password issued by the AMF.

If you have not received your user ID and password, contact the CRS account administrators by e-mail at: rapportdeplaintes@lautorite.qc.ca, or call an AMF Information Centre agent.

How to use the Complaint Reporting System (CRS)

To use the Complaint Reporting System (CRS) This link will open in a new window, you must have a user ID and password issued by the AMF. If you have not received your user ID and password, contact the CRS account administrators by e-mail at: rapportdeplaintes@lautorite.qc.ca, or call an AMF Information Centre agent

For questions concerning how the Complaint Reporting System works and for the information you must provide to meet your obligation, see the User Guide on the CRS This link will open in a new window.

On May 25, 2007, the AMF issued guidance intended for independent representatives and firms with only one representative. This guidance states that the AMF no longer requires firms with only one representative or independent representatives governed by An Act respecting the distribution of financial products and services to file a report if they have not received any complaints. 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 measures 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, see the AMF Bulletin of March 28, 2008:

For more information, see our Frequently asked questions.