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A-8.2, r. 2 - Regulation respecting complaint processing and dispute resolution in the financial sector
FrançaisArticle 36
Versions de la disposition
36. A monetary administrative penalty in the amount of $5,000 may be imposed on a financial institution or a credit assessment agent that:
1° in contravention of subparagraph a of paragraph 1 of section 33, attaches a condition to its offer that prevents the complainant from exercising the right to have the complaint record examined by the Authority or, where applicable, its federation;
2° in contravention of subparagraph b of paragraph 1 of section 33, attaches a condition to its offer that requires the complainant to withdraw any other complaint that the complainant has filed;
3° in contravention of subparagraph c of paragraph 1 of section 33, attaches a condition to its offer that prevents the complainant from communicating with the Authority, a recognized self-regulatory organization, the Chambre de sécurité financière or the Chambre de l’assurance de dommages; or
4° in contravention of paragraph 2 of section 33, uses in referring to its complaint processing department or the persons assigned to it, in any representation or communication intended for the public, the term “ombudsman” or any other qualifier of the same nature that suggests that such persons are not acting on behalf of the financial institution or credit assessment agent.
A monetary administrative penalty in the same amount may also be imposed on a financial institution or a credit assessment agent that, in contravention of subparagraph 4 or 5 of the second paragraph of section 14, fails to provide a final response to the complainant.
In force: 2025-07-01
36. A monetary administrative penalty in the amount of $5,000 may be imposed on a financial institution or a credit assessment agent that:
1° in contravention of subparagraph a of paragraph 1 of section 33, attaches a condition to its offer that prevents the complainant from exercising the right to have the complaint record examined by the Authority or, where applicable, its federation;
2° in contravention of subparagraph b of paragraph 1 of section 33, attaches a condition to its offer that requires the complainant to withdraw any other complaint that the complainant has filed;
3° in contravention of subparagraph c of paragraph 1 of section 33, attaches a condition to its offer that prevents the complainant from communicating with the Authority, a recognized self-regulatory organization, the Chambre de sécurité financière or the Chambre de l’assurance de dommages; or
4° in contravention of paragraph 2 of section 33, uses in referring to its complaint processing department or the persons assigned to it, in any representation or communication intended for the public, the term “ombudsman” or any other qualifier of the same nature that suggests that such persons are not acting on behalf of the financial institution or credit assessment agent.
A monetary administrative penalty in the same amount may also be imposed on a financial institution or a credit assessment agent that, in contravention of subparagraph 4 or 5 of the second paragraph of section 14, fails to provide a final response to the complainant.
