|The syndic's office - a new decision||The syndic's office - a new decision||http://chad.ca/en/members/publications/news/4-23-2012/44/the-syndics-office-a-new-decision|
As you will note in the 2011 annual report, the syndic’s office has seen a 95% increase in the number of complaints received since 2007. In order to be able to deal with this situation, we recently reviewed the decision-making model used in the syndic’s office. Here is a brief overview of the new model.
An Improvement in Complaints Processing
Ethics investigations are conducted by investigators who are themselves members of the damage insurance industry.
Since January 2008, these investigators have been supervised by Ms. Luce Raymond, the syndic’s assistant who is responsible for investigations and to whom I have delegated the responsibility for deciding on how each complaint received will be processed. She handles the preliminary analysis of the complaint, which then leads to either a more in-depth verification of the file, its closing, or the launching of an ethics investigation. In the wake of an increase in the number of complaints, at Ms. Raymond’s request, we decided to redefine the responsibilities of this position. It was decided that, as of 2012, a new person would be responsible for the operations and staff of the syndic’s office. The ChAD is currently recruiting to fill this position.
A New Assistant Syndic
Since my appointment on October 1, 1999, I have been responsible for every decision resulting from an ethics investigation or verification (pre-investigation). However, on January 31, 2012, the ChAD’s Board of Directors accepted my recommendation to appoint Me Karine Lizotte to the position of assistant syndic.
What is an assistant syndic?
Sections 329, 331, 332 and following of the Act respecting the distribution of financial products and services clearly spell out the role and functions of an assistant syndic.
The duties of the syndics shall involve inquiring into matters on their own initiative or on receiving information to the effect that a representative has committed an offence under a provision of this Act, the Securities Act or the regulations under either of those Acts.
The board of a Chamber may appoint assistants to assist in the performance of the duties of each syndic [...]
Essentially, the assistant syndic, who is appointed by the Board of Directors, performs his or her duties under the guidance of the syndic and has the same powers as the syndic.
Thus, Me Lizotte, as assistant syndic, will continue not only to act as an investigator, but will also make her own decisions regarding any action to be taken following an investigation carried out under her direction. She is empowered to make the same decisions as I do: close the investigation file; give the professional concerned a warning or a formal notice; obtain the professional’s formal commitment to improve his professional practice; or, under section 344 and 349 of the Act, present a formal complaint before the discipline committee, if the assistant syndic has reasonable grounds to believe that the professional has committed an offence.
Rigour and Efficiency
This improvement to the decisionmaking process used at the syndic’s office of the ChAD will assist us in maintaining the current length of time required to process files, despite the constant increase in complaints and investigation files. As of December 31, 2011, it took an average of seven months to process a file, which compares favourably with the average time needed to process files in the syndic’s office of other professional orders and self-regulatory organizations.
The revision to our office’s decisionmaking model will have no effect on the high standards for rigour, competency, professionalism and confidentiality that you, as well as consumers and the public, have come to expect of us.
|4/23/2012 4:00:00 AM||8/25/2014 4:19:51 PM|