Complaints Policy

AIM OF POLICY

This policy was established to provide oversight for the receipt of complaints, delivery of the acknowledgement of receipt and notice to the complainant, creation of the complaint file, transfer of the file to the Autorité des marchés financiers (AMF), if applicable, and compiling and filing an annual report with the AMF.

PERSON IN CHARGE

The Person in Charge acts as a respondent to the AMF and ensures that the Firm’s employees receive the training and necessary information to comply with this policy.

In addition to the duties outlined above, the Person in Charge is responsible for:

• Delivering an acknowledgement of receipt to the complainant ;
• Delivering the required notice to the complainant ;
• Transferring the file to the AMF at the complainant’s request ;
• Maintaining a register of complaints ;
• Submitting a biannual report to the AMF.

COMPLAINT

To be admissible, the complaint must be filed in writing by the complainant. It may take the form of a letter, lawsuit or notice of a disciplinary complaint.

For the purposes of this policy, the complaint must contain one of the following three elements:

• a reproach against the Firm, one of its brokers or claims adjusters, or an employee ;
• the identification of real or potential harm that the complainant has sustained or may sustain ;
• a request for remedial action ;

Any verbal or written communication from the customer taking informal steps to correct a specific issue is not considered a complaint, provided that the issue is handled in the course of regular activities and the customer has not filed a formal complaint.

RECEIPT OF THE COMPLAINT

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

Lareau – Insurance Brokers Inc.
Attn: Kim-Lan Mai
707-4, Route 219, P.O. Box 1157
Napierville, QC
J0J 1L0
(450) 245-3322, ext. 386
1-888-LAREAU1
Fax: (450) 245-7538
[email protected]

Any employee who receives a complaint must immediately forward it to the Person in Charge of applying this policy, who must acknowledge receipt of the complaint within five (5) working days. The acknowledgement of receipt of the complaint must contain the following information:

• A copy of this policy.
• A description of the complaint received, specifying the reproach against the Firm and/or its employee and the requested remedial action (or a copy of the complaint itself).
• The name and contact information of the Person in Charge of handling the complaint.
• For incomplete complaints, a notice requesting that additional information be sent to the Person in Charge within five (5) working days, failing which the complaint will be deemed to have been abandoned.
• A notice informing the complainant of their right to request a transfer of their complaint file to the AMF if they are not satisfied with the outcome or handling of their complaint, at least 15 working days after the required information has been received and no later than one year after receiving a response. The notice must also indicate that the AMF may offer mediation if the parties agree.
• A notice informing the complainant that mediation is an amicable dispute resolution process in which a third party (the mediator) works with the parties to help them come to a satisfactory agreement (each party pays half of the mediator’s fees and expenses).
• A reminder to the complainant that filing a complaint with the AMF does not interrupt the limitation period for civil remedies against the Firm.

CREATION OF THE COMPLAINT FILE

A separate file must be created for each complaint received. The file must contain the following elements:

1. The complainant’s written complaint, including at least one of the following three elements:
   – the reproach against the Firm or employee
   – the real or potential harm
   – the requested remedial action
2. A copy of the acknowledgement of receipt or request for additional information sent to the complainant.
3. The outcome of the complaints handling process (analysis and supporting documents).
4. A copy of the Firm’s final response, including the reasons for the response, sent in writing to the complainant.
5. A copy of any document sent by the complainant to the Person in Charge.

HANDLING THE COMPLAINT

Upon receipt of a complaint, the Person in Charge or their designate must conduct an investigation.

The complaint must be handled within fifteen (15) working days of receiving all necessary information.

Following the investigation, the Person in Charge or their designate must send the complainant the Firm’s final response, including the reasons for the response.

REFERENCE TO TOKIO MARINE KILN

For any complaints related to a Lloyds policy, a copy of the customer’s complaint file containing all customer information must be forwarded to TMK’s underwriters immediately. If the request was made in a language other than English, it must be translated and forwarded to the following email address: [email protected]. A copy of the response must be forwarded to TMK’s underwriters at the same address once it has been provided by the complainant .

TRANSFER OF THE FILE TO THE AMF

If the complainant is not satisfied with the outcome or the Firm’s examination of their complaint, they may request that the Firm transfer their complaint file to the AMF.

The complainant may only exercise this right once the deadline of 15 working days to obtain a final response has passed and no later than one year after receiving this response.

The file transferred to the AMF must contain all documents in the Firm’s possession related to complaint file. The Firm is not required to provide the file from their professional liability insurer.

CREATION AND MAINTAINANCE OF A REGISTER

The Firm must create a register of complaints for the purposes of applying this policy. The Person in Charge is responsible for keeping it up to date.

Any complaint that is made in writing and falls within the definition set out above must be recorded in the register. For greater clarity, this must be done if the complaint is admissible, regardless of the level of response required.

BIANNUAL REPORT

The Person in Charge must forward a report detailing the number and type of complaints received, based on the categories set out in the register, to the AMF twice per year:

• By January 30 for the period from July 1 to December 31
•  By July 30 for the period from January 1 to June 30

EFFECTIVE DATE

This policy came into effect on May 15, 2006 and was amended on July 22, 2018.