Complaints and dispute
resolution process
198. All Authorised Client Providers must make adequate provision for
receiving and addressing any complaints, including the provision of an
appropriate dispute resolution process. The dispute resolution process
must include an opportunity for the complainant to have recourse to the
Commission or to the Kahnaw:ke Communal Arbitration Procedure.
Records of complaints 199. All Authorised Client Providers must maintain adequate records of all
complaints and disputes it receives and such records must be provided
to the Commission in a timely fashion.
Commission’s logo must be
displayed
200. The Commission's logo must be prominently displayed on the
Authorised Client Provider's website, hyper-linked to the Commission’s
email address, with a notification that complaints may be addressed
directly to the Commission.
Complaints to Commission 201. Any person who is not satisfied with the manner in which his or her
complaint has been addressed by an Authorised Client Provider, or who
prefers to make his or her complaint directly to the Commission, may
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submit the complaint to the Commission or have the matter addressed
and resolved through the Kahnaw:ke Communal Arbitration Procedure.
Kahnaw:ke Communal
Arbitration Procedure
202. In the event a person elects to have his or her complaint addressed and
resolved through the Kahnaw:ke Communal Arbitration Procedure:
(a) both the complainant and the relevant Authorised Client
Provider must participate fully and in good faith in the processes
set out in the Kahnaw:ke Communal Arbitration Procedure;
(b) the resolution that is reached by through the Kahnaw:ke
Communal Arbitration Procedure is final and binding on both
the parties and the Commission; and
(c) the Commission will not inquire into, hear or otherwise make
any decision in relation to the complaint.
Result of proceeding 203. The Commission is entitled to receive written notice from one or both of
the parties to a proceeding under the Kahnaw:ke Communal Arbitration
Procedure, of the result of such proceeding.
Form of complaints 204. A complaint must be in writing and must contain clear and unequivocal
information about the complainant’s identity, and provide all the relevant
details that gave rise to the complaint and the steps that were taken to
address the complaint with the Authorised Client Provider.
Investigations 205. As soon as practicable after a complaint is received, the Commission
will inquire into the substance of the complaint and will undertake such
investigations as may be required under the circumstances.
Details of complaints 206. Unless the Commission in its sole discretion directs otherwise, the
details of all complaints, including the identity of the complainant, will be
provided to the Authorised Client Provider against which the complaint is
made for response.
Response to complaint 207. The Authorised Client Provider must provide to the Commission a full
and detailed response to the complaint within seven (7) days, or such
other time as the Commission may direct.
Additional information 208. To assist in the resolution of a complaint, the Commission may request
additional information from the complainant, the Authorised Client
Provider or any third person, including an Approved Agent.
Decision 209. After its investigations of a complaint are complete, the Commission will:
(a) dismiss the complaint as unfounded;
(b) uphold the complaint in whole or in part;
(c) direct a Authorised Client Provider to take any steps the
Commission may, in its sole discretion, deem necessary to
resolve the complaint;
(d) direct a Authorised Client Provider to pay the costs incurred by
the Commission in its investigation of the complaint; or
(e) issue any other directions or take any other steps as the
Commission, in its sole discretion, deem appropriate under the
circumstances.
Vexatious complaints 210. Notwithstanding any of provision of this Part, the Commission may
dismiss a complaint without an inquiry or investigation if the
Commission, in its sole discretion, is satisfied that a complaint is on its
face vexatious, unfounded or does not fall within the Commission’s
scope of authority.