New Regulation on complaint handling and on the practice of certified professionals
Published in February 2024 by the Autorité des marchés financiers (the Authority), the Regulation respecting complaint processing and dispute resolution in the financial sector (hereinafter “the Regulation”) came into force on 1 July 2025.
The Regulation applies, among other things, to insurers, firms, companies or autonomous representatives (hereinafter referred to as “companies”) where damage insurance agents, brokers and claims adjusters work. It aims to standardize the handling of complaints within financial institutions to ensure the fair treatment of consumer complaints.
The ChAD keeps you informed to help you enhance your customer service
The ChAD has analyzed the Regulation in order to inform damage insurance certified professionals of the key changes that may affect their practice and their relationships with clients. To provide quality customer service, certified professionals must:
- Stay informed about what their employer must implement to comply with the Regulation;
- Be able to inform clients who wish to file a complaint or obtain information about the handling of a complaint they have submitted.
This article does not constitute an exhaustive analysis of the entire Regulation. It summarizes the main changes by grouping them under five themes to aid understanding:
- Is this a complaint or not?
- Consumer support
- A final response in 60 days
- Complaint file and register
- Policy adjustments
1. Is this a complaint or not?
A complaint is a dissatisfaction or reproach expressed by a consumer to a company in connection with a service or product received. The complaint includes an explicit or implicit expectation that the company will remedy the situation.
Examples of what does not constitute a complaint include:
- A request for information or documents related to a product or service offered
- A request for access to or correction of the consumer’s personal information, which must instead be made in accordance with the Act respecting the protection of personal information in the private sector
- A claim or any other insurance-related request
- A request to correct a calculation or clerical error (except where the error has consequences for the consumer or anotherany other client and require corrective measures)
- The communication of a comment or feedback.
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The better you understand the nature of a complaint, the better you can direct the client to the appropriate company resource based on their request. For example, whether the client is simply seeking information or needs assistance in filing a formal complaint.
2. Consumer Support
The Regulation includes several obligations regarding the assistance to be provided to clients at each stage of the complaint process. Accordingly, each target affected company must:
- If necessary, assist the client in formulating their complaint
- Take the necessary steps to understand the communications made by the client
- Inform the client of the status of their complaint and assist them throughout the process
- Ensure that any informational documents related to complaint handling is are written in clear, simple, precise, and non-misleading language, in order to highlight the essential elements for informed decision-making and to avoid confusingany confusion in communications
- In the same vein, ensure that you use simple and clear language when interacting with clients
- If, during its analysis, the company finds that a complaint may have an impact on other clients, take steps to address the issue
- Implement measures to identify the common causes of complaints and resolve the issues they raise.
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These new concepts of consumer client assistance align with the obligations of agents, brokers, and claims adjusters, including:
- Not misleading the client
- Putting the interests of the insured before their own
- Supporting any measures aimed at protecting the public.
By implementing these support measures, you will strengthen the trust that clients place in your services and those of your firm.
3. A final response in 60 days
The regulation states that: “is expected when the complainant’s communication explicitly or implicitly implies that action must be taken to address the complaint.”
This written response must, in particular:
- Contain Include the reasoned conclusion of the complaint analysis and the outcome of its handling;
- In the case of a settlement offer, mention specify the time allowed granted for the complainant to evaluate assess and respond to the offer
- Be communicated no more later than 60 days after receipt of the complaint, except in exceptional cases, in which the maximum period is extended to 90 days
- Contain Include a reference to the client’s right to request a review of the complaint file by the Authority, along with explanations on how such a request can be made.
Despite the final response, the complainant may submit new relevant new facts or comments in order to continue the discussion until no further actions is are required.
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You must be available and take the necessary time to contribute to the resolution of the complaint so that the company can respond within the required timeframe.
For example, if the employee handling the complaint asks you a question related to the service provided to the insured, do not delay your response in order toto avoid any unnecessary delays.
4. Complaint File and Register
The handling of a complaint must be documented in the form of a complaint file containing, in particular, the following elements:
- The complaint
2. A copy of the acknowledgement of receipt sent to the client
3. Any document or information used in the analysis of the complaint
4. Where applicable, a copy of any document or information transmitted or provided in connection relation with to a settlement offer or a complaint involving multiple companies
5. Where appropriateapplicable, a copy of the written notice sent issued when an exceptional situation justifies extending the maximum period timeframe for communicating providing the final response to 90 days
6. Where applicable, a copy of the acknowledgement of receipt required during under the standard process when the complaint was initially handled under through the simplified process but was not resolved to the client’s satisfaction
7. A copy of the final response communicated to the client
8. Any exchange or summary of such exchange with the client. In the same vein, each complaint file must be recorded in a properly maintained complaint register.
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The person responsible for handling complaints may need your notes from the client file. Therefore, complete notes that summarize all discussions, advice provided to the client, and activities carried out will supply the necessary information to analyze and respond to the complaint. Without notes in the file, it becomes difficult to understand the various interventions made and to verify whether the client was treated fairly.
5. Policy Adjustments
The new Regulation stipulates that the company’s complaint handling policy must include, in particular, the following elements:
- A person responsible for handling complaints
- The assistance provided to assist the complainants
- The different stages and timeframes for handling complaints
- Information relating to the management of complaint files and the complaint register
- The possibility of bringing the complaint to the Authority
A summary of this policy must then be published on the company’s website and be easily accessible to Internet users. To know the essential content that must to be included into the policy, refer to sections 5 to 10 and 30 of the Regulation.
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The complaint handling policy is the responsibility of the company. The ChAD informs you of the adjustments to be planned made for three main reasons:
- If you are a certified professional and head a firma firm manager, you must be aware of the new rules in force effect in order to develop your policy and comply with the Regulation
- If you are a certified professional working for a firm or insurer, it is important to familiarize yourself with your employer’s policy in order to properly guide clients when needed
- You may also need to direct clients to the person responsible for handling complaints or to the policy summary available on the company’s website.
The translation of this article was done using AI but was reviewed by humans.
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