SERVICES
I help clients practically navigate Canada’s advertising and marketing laws and offer a full range of Canadian advertising and marketing law services in relation to print, online, new media, mobile and e-mail marketing and telemarketing, including the federal Do Not Call List rules.
____________________
“The National Do Not Call List (DNCL) gives consumers a choice about whether to receive telemarketing calls. The National DNCL Rules introduce new responsibilities for Canada’s telemarketers. If you are a consumer you can choose to reduce the number of telemarketing calls you receive by registering you residential, wireless, fax or VoIP telephone number on the National DNCL. You can also check your registration, find out how to remove your number from the National DNCL, and file a complaint about telemarketing calls. Please consult our frequently asked questions section to find out more about the National DNCL.”
(CRTC)
____________________
OVERVIEW
The National Do Not Call (“DNCL”) list allows consumers to register their residential, wireless, fax or VoIP telephone number to reduce the number of telemarketing calls received. The DNCL has been established under the federal Telecommunications Act.
Registrations are valid for five years (and become effective 31 days after registration). Consumers must periodically renew their registrations before expiry.
EXEMPTIONS
There are a number of exemptions to the DNCL. These include: (i) Canadian registered charities (as defined by the Income Tax Act), (ii) “existing business relationships”, (iii) political parties, candidates (including federal, provincial and municipal elections) and associations of political party members, (iv) surveys, (v) general circulation newspapers soliciting subscriptions, (vi) express consent (written, electronic or online consent or verbal consent) and (v) calls to businesses.
An existing business relationship will exist where there is: (i) a purchase, lease or rent of a product in the past 18 months, (ii) a written contract with a telemarketer for a service still in effect (or expired within the past 18 months) or (iii) an inquiry to a telemarketer about a product or service within the past 6 months.
Consent may be provided by consumers in a variety of ways, including completing warranty cards, service contracts or application forms.
INTERNAL DO NOT CALL LISTS
In addition to the above exemptions, consumers can also request to be added to the internal do not call list for the above types of organizations (except market research firms conducting surveys).
All Canadian telemarketers, with the exception of market research firms, are required to maintain internal do not call lists. Telemarketers are required to keep names on their internal do not call lists for 3 years and 31 days from a consumer’s do not call request.
REGISTRATION REQUIREMENTS & FEES
Telemarketers are required to register as subscribers of the DNCL and pay fees to the National DNCL operator.
RECORD-KEEPING REQUIREMENTS
Telemarketers have certain record-keeping obligations under the Unsolicited Telecommunications Rules.
These include: (i) proof of subscription to the National DNCL (and payment of fees to the National DNCL operator) or (ii) if making calls on behalf of clients, proof of their subscription and payment of fees.
DISCLOSURE REQUIREMENTS
Telemarketers are required to disclose the following information “in a clear manner” upon reaching a recipient: (i) the name of the caller, (ii) the name of the telemarketer and (iii) the name of the client on whose behalf the call is made.
Telemarketers are also required to disclose the following information on request: (i) a phone number to contact an employee or other representative of the telemarketer and (ii) the name and address of an employee or other representative of the telemarketer that consumers may contact for more information (or to verify a do not call request).
The Unsolicited Telecommunications Rules also set out other required disclosure for fax communications.
RESTRICTIONS ON CALLING TIMES
The federal Unsolicited Telecommunications Rules also prescribe certain calling times for telemarketing calls, subject to provincial rules, and provide that telemarketing calls shall only be made from 9:00 a.m. to 9:30 p.m. on weekdays and 10:00 a.m. to 6:00 p.m. on weekends.
In British Columbia, for example, the Telemarketer Licensing Regulation under the BC Business Practices and Consumer Protection Act also regulates a number of aspects of telemarketing, including setting out licensing requirements, record keeping requirements and calling times for telemarketing calls.
LINKS AND RESOURCES
Legislation
CRTC – Unsolicited Telecommunications Rules
CRTC
CRTC Decisions and Determinations
National Do Not Call List FAQs
____________________
For more information about our regulatory law services contact us: contact
For more regulatory law updates follow us on Twitter: @CanadaAttorney
BOOKS
The Competition Law Guide for Trade Associations in Canada is a practical and concise summary of Canadian competition law for trade, professional and other associations and their advisors
COURSES
Competition Law and REALTORS®: What You Say and Do Matters was designed by ACRE with the assistance of CREA to help Canadian REALTORS® understand and comply with Canadian competition law
For more see: ACRE