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  • CLIENT COMPLAINT POLICY

    (See below for information specific to clients residing or insuring property and/or assets in the province of Quebec)

  • Purpose of the Policy

    The purpose of the policy is to ensure fair and free processing of complaints. Specifically, it provides a framework for the following:

    • Receiving complaints
    • Sending acknowledgments of receipt and notices to complainants
    • Creating complaint records
    • Resolving complaints

    For our Quebec clients, this includes sending records to the Autorité des Marchés Financiers (AMF) at the request of complainants and submitting complaint reports to the AMF.

    We want to ensure we work through challenges with our clients should they arise.

  • Complaints Officer

    Complaints Officer: Pamela Derksen, Deputy Chief Compliance Officer – Canada

    The complaints officer oversees the policy and works with the CHES business teams to ensure complaints are handled fairly and resolved in a timely manner. In Quebec, the complaints officer also acts as the respondent with the AMF and with the complainant. The complaints officer ensures that:

    • Clients receive acknowledgement of receipt of their complaint.
    • Separate records are maintained for each complaint.
    • The complaint examination is completed in a timely manner.
    • Appropriate steps are taken.
    • Appropriate communication takes place.

    And if applicable, the complaints officer will also:

    • Deliver a final response with justifying reasons to the complainant.
    • Transfer the file to the AMF, at the complainant’s request.
    • File the annual complaints report with the AMF.
  • Definition of a Complaint

    A complaint is the expression of at least one of the following elements that persists after being considered and examined at the operational level capable of resolving the matter:

    • A reproach against an organization
    • The identification of a real or potential harm that a customer has experienced or may experience
    • A request for a remedial action

    Complaints are generally expressed through email, fax or another written form that allows a complaint to be kept on file. Where a customer makes a complaint by phone or in person, the person taking charge of the complaint must document it so that it can be kept on file as a record of the complaint.

    The initial expression of dissatisfaction by a customer, whether in writing or otherwise, will not be considered a complaint where the issue is settled in the ordinary course of business. However, where a client remains dissatisfied and the complaints officer takes charge of the dissatisfaction, then it is considered a formal complaint.

  • Submission of the Complaint

    Clients who have concerns or wish to express dissatisfaction, are encouraged to first contact their broker or agent (if applicable), who can provide professional advice. Your broker or agent works for you and can advocate on your behalf to obtain a solution which may be acceptable to you. Your broker or agent may be able to resolve your concerns, or, if necessary, escalate your concerns to a member of management for their attention and further efforts to resolve. In some instances, your complaint may need to be redirected to your insurance company and their complaints officer.

    If, for any reason, you feel that your concerns were not resolved, your complaint will be handled by the Complaints Officer.

    Clients who wish to file a complaint must do so in writing to the following address:

    Attention: Complaints Officer
    100 King Street West, Suite 5140
    Toronto, ON M5X 1E1

    The following information must be included with your written complaint:

    • Name
    • Address
    • Phone number
    • Email address
    • Insurance policy number (if applicable)
    • A description of your complaint and any supporting documentation

    Clients can also submit their complaint by email to compliance@chespecialrisk.ca

    Our Quebec clients can submit complaints using the AMF Complaint Form.

  • Support for Vulnerable Consumers

    A vulnerable consumer is someone who, due to their personal circumstances, is especially susceptible to detriment when dealing with a business or organization that does not exercise the appropriate level of care in interacting with the consumer. Risk factors that contribute to consumer vulnerability include but are not limited to the following: illness, physical or cognitive disabilities, hearing or vision impairments, mental health issues, financial hardship, language barriers, cognitive or physical impairments connected with advanced aging, inexperience due to younger age and bereavement.

    When dealing with a vulnerable customer, CHES will provide additional support as requested by the consumer which may include ensuring the customer is comfortable with the method of communication, treating the consumer with patience and empathy, asking the consumer if they understand or whether they need additional information, etc. In situations where it appears that a vulnerable customer is not competent to make a decision for themselves, we will attempt to identify whether another person, such as a carer or next of kin, is authorized to act on the consumer’s behalf. For additional information, please review our Accessibility Statement.

  • Receipt of the Complaint

    CHES is committed to process every complaint in a fair and impartial manner. CHES will

    • Investigate complaints competently, diligently and impartially.
    • Obtain additional information as necessary.
    • Assess fairly, consistently and promptly the subject matter of the complaint, whether the complaint should be upheld and whether remedial action may be appropriate.

    In addition, CHES will ensure that all employees that may receive complaints related to any operations are trained in complaint identification to a level appropriate to their position and role with the organization and are aware of the above procedure.

    In some instances, it may be appropriate for a client to escalate a complaint to their insurance company. Please visit your insurance company website for information regarding the respective insurance company complaint process and ombudsperson. The name of your insurance company can be found on your policy documents.

    If you have a concern specifically about the CHES Canada Corp. Client Complaint Policy, you may contact the Financial Consumer Agency of Canada. Please note that the Financial Consumer Agency of Canada does not provide redress or compensation and does not become involved in individual disputes.

    You may reach the Financial Consumer Agency of Canada at:

    Financial Consumer Agency of Canada

    6th Floor, Enterprise Building
    427 Laurier Ave. West
    Ottawa, ON K1R 1B9
    English: 1-866-461-3222
    French: 1-866-461-2232
    Fax: 1-866-814-2224 / 613-941-1436

Additional Information for Quebec Clients

  • Receipt of the Complaint

    On receipt of the complaint, the Complaints Officer will initiate the complaint examination process and send an acknowledgement of receipt to the complainant within 10 business days.

    The acknowledgement of receipt will contain:

    • A statement of the complainant’s right to request to have the complaint record examined by AMF;
    • The complaint record identification code;
    • The date on which the complaint was received by CHES, if it is different than the date on which the complaint was registered;
    • The means by which the complainant may obtain information about the processing of the complaint;
    • The expected timeframe for processing the complaint and the expected date by which the final response will be sent to the complainant; and

    A hyperlink providing access to the summary of the complaint processing and dispute resolution

  • The Complaint Examination

    CHES is committed to process every complaint in a fair and impartial manner. CHES must investigate complaints competently, diligently and impartially; obtaining additional information as necessary and must assess fairly, consistently and promptly the subject matter of the complaint, whether the complaint should be upheld and whether remedial action may be appropriate.

    CHES will strive to examine every complaint within 30 business days of receiving all the information necessary for the examination.

    If there are any extenuating circumstances during the examination process resulting in a delay in sending the final response to the complaint, the complaints officer will send the complainant a written notice within 60 days following the receipt of the complaint.

    The written notice will include:

    • An explanation of the circumstances causing the delay;
    • The date by which the final response will be sent to the complainant;
    • A statement of the complainant’s right to request to have the complaint record examined by the AMF; and
    • The business contact information for the complaints officer.

    After examining the complaint, the complaints officer will send the complainant a final response with justifying reasons. In most cases, the final response will be sent within 60 days following receipt of the complaint. At no time will the final notice be sent any later than 90 days following receipt of the complaint.

    The final response to the complainant will include:

    • A statement to the effect that it is a final response;
    • A summary of the complaint received;
    • The conclusion of the analysis, including the reasons for the conclusion and the outcome of the complaint;
    • A statement of the complainant’s right to request to have the complaint record examined by AMF;
    • If an offer to resolve the complaint is presented to the complainant, the time period within which the complainant may accept the offer; and
    • The business contact information and signature of the complaints officer.

    The complainant may continue to send new information after receipt of the final response, which CHES will examine accordingly.

  • Creation of the Complaint File

    CHES must create and maintain a separate record for each complaint. A record must be created for each complaint and include all documentation relating to the complaint. The complaint file must keep the complaint records for the same retention period as applies to any information relating to the complainant. If the complaint is also directed at other financial institutions, such as the insurance carrier, they may need to be advised of the complaint. This record will be the one sent to the AMF at the complainant’s request.

    The record must contain:

    • The complaint;
    • A copy of the acknowledgement of receipt sent to the complainant
    • Any document or information used in analyzing the complaint, including any exchanges with the complainant;
    • If applicable, a copy of the written notice; and
    • A copy of the final response provided to the complainant.
  • Transferring a Complaint Record to the AMF

    A complainant who is not satisfied with the business’s final position or the way the complaint has been handled may request that CHES transfer the record to the AMF.

    The complainant may make the request using the Form to Request the Transfer of a File to the AMF.

    CHES must, within 15 days following the receipt of a request from the complainant, transfer the complaint record to the AMF and provide the name and business contact information for the complaints officer.

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

    After examining the record, the AMF will, if it deems it appropriate, offer its dispute resolution services.

  • Complaint Reporting Obligation

    The complaints officer must create and maintain a register of all complaints received. This register can facilitate the submission of the complaint report to the AMF.

    During the annual reporting period (March 1 to May 1), CHES must report all complaints received between January 1 and December 31 of the previous year.

    Periodic reports covering the following items will be made available to CHES’s officers:

    • The number of complaints received and processed and common causes thereof;
    • The outcome of the complaints;
    • Issues related to the implementation and dissemination of, and compliance with, the policy; and
    • Issues identified when ascertaining the common causes of processed complaints.
  • Additional Responsibilities

    Training

    CHES will ensure that all members of staff who may receive complaints from a Quebec client are trained in complaint identification to a level appropriate to their position and role with the organization and are aware of the above procedure. Completion of this training will be tracked.

    Complaint Reporting

    On a semi-annual basis, the complaints officer will report a summary of the complaints received to the officers of the company, including the causes and outcomes of the complaints, and the status of the employee complaint training.

    Complaint Analysis

    On an annual basis, the complaints officer will complete a review of the complaint records to develop a comprehensive view of the complaints received. This review process will focus on identifying any trends or issues that could be resolved by changes or improvements in our processes and procedures to prevent the recurrence of similar complaints.

  • Documentation and Tools

    For further information, please refer to the following:

    CHES is committed to the objective and fair review of complaints with a focus on positive customer outcomes. In a dynamic world, it is critical to honour the trust clients place in us.