1. WHAT TO DO IF THE CLIENT WOULD LIKE TO MAKE A COMPLAINT ABOUT TACTEX ASSET MANAGEMENT SERVICES OR A PRODUCT.
Any client who feels he or she has been wronged may first file a complaint with Tactex Asset Management Inc (“Tactex”). The Client should promptly raise such concern or complaint with the Portfolio Manager’s Chief Compliance Officer. The Portfolio Manager’ Chief Compliance Officer can be reached by email at email@example.com or by regular mail at:
Tactex Asset Management Inc.
C/o Chief Compliance Officer
642 Rue de Courcelle, Suite 404
Montreal, Québec H4C 3C5
When filing a complaint, the client is required to complete the “AMF Complaint or Allegation Reporting Form” This ensures that the client is providing all the necessary information for Tactex to review the complaint. The Client should also keep copies of all relevant documents, such as the complaint form, letters, emails and notes of their conversations with Tactex.
2. ASSISTANCE WITH YOUR COMPLAINT (FOR CLIENTS RESIDING IN QUEBEC ONLY)
If a Client requires assistance, they can send their complaint directly to the AMF by completing and signing:
• AMF Complaint or Allegation Reporting Form along with the Personal Information Consent; and
• the Form to Request the Transfer of a File to the AMF.
The AMF would then forward your documents to Tactex and assist the Client through the complaint process.
3. ACKNOWLEDGING YOUR COMPLAINT
Tactex will acknowledge the Client complaint in writing as soon as possible, typically within five (5) business days of receiving the complaint. In the acknowledgment letter, Tactex may ask the Client to provide clarification for more information to help resolve the complaint/dispute as soon as reasonably possible. Tactex will also inform the Client of mediation services offered based on the clients province of residence.
4. RENDERING A DECISION
Tactex will normally provide a decision in writing, within 90 days of receiving a complaint. The decision will include a summary of the complaint, results of the investigation, decision to make an offer to resolve the complaint or deny it, and an explanation of our decision. If a decision is delayed and Tactex cannot provide the Client with decision within 90 days, Tactex will inform the Client of the delay, explain why the decision is delayed, and provide a new date for the decision.
5. ELIGIBILITY FOR MEDIATION SERVICES
Tactex Clients are eligible for free independent mediation services in the following circumstances:
• The Client has filed a complaint first with Tactex (does not apply to Quebec residents, see point 2 of this schedule);
• Tactex did not provide a decision within 90 days after the Client made the complaint;
• The Client is not satisfied with the decision rendered by Tactex.
6. FILING YOUR COMPLAINT FOR MEDIATION SERVICES
The following identifies how you can submit your complaint for free mediation services.
• Clients residing in Quebec must complete the Form to request the transfer of a file to the Autorité des marchés financiers (AMF). The completed form must be sent to Tactex. As required by law, Tactex is obligated to transfer your file to the AMF.
• Clients residing OUTSIDE of Quebec may make a complaint to the OBSI. The complaint can be submitted using an online access form or by downloading the form. For more information, please visit the following site: OBSI Make a Complaint
7. OBSI PROCESS (FOR CLIENTS RESIDING OUTSIDE OF QUEBEC)
Ombudsman for Banking Services and Investments (“OBSI”) works confidentially and in an informal manner. It is not like going to court, and the Client does not need a lawyer. During its investigation, OBSI may interview the Client and the representatives of Tactex. Tactex is required to cooperate in OBSI’s investigations.
Once OBSI has completed its investigation, it will provide its recommendations to the Client and Tactex. OBSI’s recommendations are not binding on the Client and Tactex. The OBSI can recommend compensation of up to $350,000. This does not restrict the Client’s ability to take a complaint to a mediation service of their choosing at their own expense, or to bring an action in court. Keep in mind there are time limits for taking legal action.
The Client has the right to use OBSI’s service if:
• The complaint relates to a trading or advising activity by Tactex or of their representatives;
• The Client brought the complaint to OBSI within 6 years from the time that the Client first knew, or ought to have known, about the event that caused the complaint; and
The client file the complaint with OBSI according to its time limits below:
• If Tactex does not provide Client with a decision within 90 days, the Client can take the complaint to OBSI any time after the 90-day period has ended;
• The Client is not satisfied with the decision, the Client has up to 180 days to take the complaint to OBSI.
A word about legal advice:
• The Client always has the right to go to a lawyer or seek other ways of resolving the dispute at any time. A lawyer can advise the Client of his/her options. There are time limits for taking legal action. Delays could limit your options and legal rights later on.
8. MEDIATION SERVICES CONTACT INFORMATION:
Autorité des marchés financiers (AMF)
Québec City: 418-525-0337
Ombudsman for Banking Services and Investments (OBSI)
Toll Free: 1-888-451-4519