Responsibilities of Firms and Consumers

Respectful Communications and Behaviour

OBSI's mission is to help resolve and reduce disputes between consumers and financial services firms by conducting fair and accessible investigations and by sharing our knowledge and expertise. We conduct our work in keeping with these values:

In addition, under OBSI's Code of Conduct, "An investigator or staff shall at all times maintain the good reputation of the Office of the Ombudsman for Banking Services and Investments. This includes conducting investigations with integrity and with due care, and treating the parties to complaints with the respect and dignity expected in all business interactions."

Further, OBSI staff are expected to be respectful of consumers and firms by providing timely responses to inquiries and to assess or investigate complaints in keeping with established timeliness benchmarks.

In the same manner that we are expected to treat others respectfully, it is reasonable for OBSI staff to be treated with respect. This policy sets out OBSI's expectations for consumer and participating firm behaviour, and our policy on abusive behaviour.

Consumer and Participating Firm Behaviour

Throughout OBSI's processes, consumers and the representatives of our participating firms are responsible for:

• Being active participants in OBSI's dispute resolution processes, including:
  • being reasonably available to discuss the complaint with OBSI staff;
  • providing relevant information to OBSI in a prompt and timely manner;
  • being open and honest in communications with OBSI;
  • communicating with OBSI staff in a respectful manner.

Abusive Behaviour

Understandably, consumers and representatives of participating firms can be angry, emotional or otherwise distressed about the issues at the heart of their dispute. While OBSI staff receive training and are experienced with responding to and appropriately managing some difficult interactions and behaviours, we will not tolerate undue or inappropriately abusive behaviour. Specifically, we will not tolerate abusive communications or behaviour from any party, including:

• inappropriate swearing or foul language;
• harassment;
• intimidation;
• unwarranted personal attacks, including insulting racial, ethnic, religious or sexual comments;
• undue aggression or hostility;
• threats of violence or physical or other harm directed toward OBSI staff or any party.

Responding to Abusive Behaviour - OBSI Staff

If a consumer's or firm representative's behaviour becomes abusive, OBSI staff are empowered:

• to remind the consumer or firm representative of their responsibility to treat OBSI staff with respect;
• to clearly communicate when the consumer's or firm representative's behaviour is inappropriate and to ask that it stop;
• to advise the consumer or firm representative that the behaviour will be reported to management and that OBSI may not proceed to continue to assess or investigate the matter if the behaviour continues;
• to disconnect from a phone call when abusive behaviour continues after asking that it stop;
• to not respond to abusive emails or other written communications (such communication should be forwarded to management for response);
• to ask the person to leave OBSI's premises, if applicable. If the person does not agree to leave, to remove themselves from the meeting location. Staff will not return to the location if they believe there is a physical threat.
• to dial 911 for emergency services in the event of potential physical harm.

When abusive behaviour is experienced, OBSI staff are responsible for immediately reporting the incident to their manager.

Responding to Abusive Behaviour - OBSI Management

OBSI's management is responsible for ensuring the safety and well-being of our staff and others, and for responding promptly and appropriately to abusive behaviour.

When abusive behaviour is encountered, managers are responsible for immediately reporting it to a member of the senior management team. The senior manager will also advise the Ombudsman and the Director, Communications & Stakeholder Relations. The management team will assess the situation and prepare a plan to respond, de-escalate and appropriately manage the situation. Response options may include, but are not limited to:

• allowing a cooling-off period so that the consumer or firm representative has a chance to calm down before further communication;
• calling and/or writing to the consumer or participating firm to try to understand the cause of the behaviour, de-escalating the matter and establishing clear behavioural expectations;
• clearly communicating when the consumer's or firm representative's behaviour is inappropriate and to ask that it stop;
• communicating that further abusive behaviour will cause OBSI to discontinue working on and closing the file;
• communicating that OBSI may no longer respond to the consumer;
• contacting the police or other emergency services when there is a threat of violence against OBSI staff or against others, including staff of participating firms;
• contacting a senior representative at a participating firm to advise them of any potential threat of harm to the firm or its staff and coordinating response activities;
• advising all OBSI staff of potentially threatening situations and posting information about the threatening individual and appropriate responses in a public location;
• directing OBSI staff to Employee Assistance Program resources and/or facilitating delivery of appropriate victim assistance, incident support and/or counselling services.

In any situation where OBSI communicates to a consumer that we will no longer communicate or respond, the management team is responsible for advising the Client Services Team so it knows not to engage with the consumer any further.