COMPLAINT EXAMINATION POLICY

Purpose of the policy
The purpose of a complaint examination and dispute resolution policy is to set up a free and equitable procedure for dealing with complaints. It is also intended to provide oversight into the receipt of complaints, delivery of the acknowledgement of receipt and creation of a complaint file. 

In Québec, complaint files are transferred to the Autorité des Marchés Financiers (AMF) upon request of the complainant.  Reports are filed annually to the AMF comprising all complaints filed during the year.

For complaints in other Canadian provinces, see the link below for a contact list of provincial regulators:
https://www.cisro-ocra.com/ListofCISROmembers.
 

Grounds for Complaint
For the purpose of this policy, a complaint is the expression of at least one of the following three elements:

1. A reproach (express disapproval of, criticism of, or disappointment in someone) against the registrant by the client;
2. Identification of real or potential harm that a consumer has sustained or may sustain; or
3. Request for remedial action.

Informal steps to correct a specific problem are not considered a complaint, provided the problem is resolved as part of the registrants’ normal activities and the consumer has not filed a complaint.
 

Receipt of complaint
Consumers who wish to file a complaint must do so in writing and submit electronically to the primary contact and Chief Compliance Officer, Lissa-Marie Brossard at lbrossard@assuranceslmb.com.

Other duties of complaint resolution contacts include:

• Delivering an acknowledgment of receipt and notice to the consumer;
• Transferring the file to the appropriate provincial regulator or the AMF, at the complainant’s request if required;
• Filing a complaint report annually with the AMF; and
• Acknowledge receipt of complaint within 7 business days of receipt.
   

Acknowledgement of receipt
Acknowledgement of receipt to the consumer must contain a copy of the acknowledgement sent to LMB Insurance for review and include the following information:

• A description of the complaint, specifying the real or potential harm, the reproach against the registrant and the requested remedial action;
• The name and contact information of the person in charge of examining complaints;
• In the case of an incomplete complaint, a notice requesting more information to which the complainant must respond within a set deadline (30 days) failing which the complaint will be deemed to have been abandoned;
• The complaint examination policy;
• A notice* stating that if not satisfied with the outcome or with the examination of the complaint, the complainant can request that the complaint file be transferred to the AMF or appropriate provincial regulator.  This notice must also mention that the AMF may offer dispute resolution services, if deemed appropriate; and
• A reminder to the complainant that filing a complaint with the AMF or other provincial regulator does not interrupt the prescriptive period for civil remedies against the registrant.

*Sample Notice:
As a complainant, if you are not satisfied with the outcome or with the examination of the complaint, at your request your file can be transferred to the Autorité des Marchés Financiers (AMF) Québec regulator or another applicable provincial regulator. Once the file is transferred to the AMF, the regulator may offer dispute resolution services, if deemed appropriate. It should be noted that filing a complaint with the AMF does not interrupt the prescriptive period for civil remedies against the registrant.
 

Creation of the complaint file
A separate file must be created for each complaint and must contain the following:

• The written complaint and its three elements (the reproach against the registrant, the real or potential harm and the requested remedial action);
• The outcome of the complaint examination process (the analysis and the supporting documents); and
• The final written response to the complainant with justifying reasons.

Complaint examination policy
On receiving a complaint, the registrant must initiate the complaint examination process.  The complaint must be examined by LMB within 7 business days of receiving all the information necessary for the examination. After examining the complaint, LMB’s primary contact must send the complainant a final response with justifying reasons.

Transfer of the file to regulator
If not satisfied with the outcome or with the examination of the complaint, the complainant may ask the registrant, at any time, to transfer the file to the AMF or other provincial regulator. The transferred file must include all the information related to the complaint. The AMF developed an official form for this purpose, which is available on the AMF website link at the bottom of this page. It should be noted that the Registrant is responsible for complying with the rules governing the protection of personal information.

Complaint reporting annually (to the AMF)
The primary contact must file a report with the AMF annually detailing the number and type of complaints received.  This report must be filed regardless of whether any complaints were received, if the firm has more than one employee or representative in the province of Québec.

In May 2007, the AMF stated that if there is only one representative of the firm, that the firm is no longer required to complete a report to file a “no complaints” report, but instead to only report when a complaint has been received.

In November 2022, reporting periods were designated on an annual basis with the first reporting date in April 2023.

For more information on AMF complaint policies and procedures, please visit the AMF complaint reporting website below:
https://lautorite.qc.ca/en/general-public/assistance-and-complaints/making-a-complaint.

To file a complaint, please download the client complaint corm on our website under the compliance section of our website and include the following information:

• Details of the complaint that were conveyed to LMB Insurance;
• Response provided by LMB Insurance to resolve your complaint; and
• All documents that support your complaint (e.g., contracts, policy documents, emails, letters sent to or received from the person or entity, etc.)

Please note that we cannot review or resolve your complaint without all the information requested in the form.