Legislation to Establish National Do Not Call List Adopted by ParliamentOTTAWA, November 28, 2005 — The Honourable David L. Emerson, Minister of Industry, today announced that important amendments to the Telecommunications Act were adopted by Parliament late on Friday, November 25, 2005. The amendments provide the Canadian Radio-television and Telecommunications Commission (CRTC) with the ability to establish a national Do Not Call List, which will reduce the volume of unwanted telemarketing calls Canadians receive at home.
The amendments also give the CRTC the power to levy substantial penalties against telemarketers who do not follow the rules, and to contract with a private sector third party to operate and maintain the list.
"By passing these amendments, the government has ensured that Canadians will have an easy and effective way to better protect their privacy and reduce intrusive telemarketing calls," said Minister Emerson. "Canadians told us that they wanted this list, and the Government of Canada has delivered."
While the CRTC already had the responsibility to regulate telemarketing, it indicated in a 2004 decision (Telecom Decision CRTC 2004-35) that while a national Do Not Call List had considerable merit, the Commission did not have the authority to establish and maintain such a list. The amendments addressed this issue. The CRTC will begin consultations with Canadians early in 2006 on the specific details associated with the operation and implementation of the list.
Once the list is operational, Canadians who do not wish to receive calls from telemarketers will be able to add their telephone number to a single centralized list that telemarketers will be required to download regularly and respect. Both the United States and the United Kingdom have similar systems.
Penalties of up to $1500 per offending call for individuals and up to $15 000 per offending call for corporations would be imposed for telemarketers who fail to respect the list. Funding to operate the list will be obtained on a cost-recovery basis from telemarketers themselves.
"The establishment of a national Do Not Call List will be a significant achievement in respecting consumers' right to privacy," said Minister Emerson. "This is an example of the government's commitment to Smart Regulation, and the size of the penalties shows we are serious about addressing the issue of unwanted telemarketing."
For further information, please contact:
Christiane Fox
Office of the Honourable David L. Emerson
Minister of Industry
(613) 995-9001
Media Relations
Industry Canada
(613) 943-2502
Backgrounder
Legislation to Facilitate the Creation of a National Do Not Call List
The amendments to the Telecommunications Act strengthen the role of the Canadian Radio-television and Telecommunications Commission (CRTC) under the Act with respect to "the regulation of telecommunications facilities for unsolicited telecommunications to prevent undue inconvenience or nuisance." In 1994, the CRTC imposed limitations on telemarketing, including a requirement that telemarketers maintain individual Do Not Call lists. Many consumers consider this practice unsatisfactory, as it requires them to enlist with each telemarketer separately and potentially add their phone number to hundreds of lists.
In Telecom Decision CRTC 2004-35, Review of Telemarketing Rules, the CRTC concluded that a national Do Not Call List has considerable merit. However, the commission found it could not establish a list without changes to legislation that would enable it to impose fines for non-compliance, establish a third-party administrator to operate a database, and set fees to recover costs associated with maintaining the list. In its decision, the CRTC recommended that the government make it possible to adopt the more effective approach of a Do Not Call List through legislation. In the interim, it established new rules to reinforce the existing regime.
The Canadian Marketing Association (CMA), the Canadian Bankers Association and telemarketing firms representing charities appealed the decision on new rules, and the CMA also requested that the government amend legislation to provide for a national list. In response, the CRTC stayed its interim rules on September 28, 2004. The decision by the government to amend the Telecommunications Act to facilitate the establishment of a national Do Not Call List resolved the issue.
Now that the legislation has been adopted by Parliament, the CRTC will soon undertake consultations to find an administrator, and to determine how the list will operate. The implementation of the list by the CRTC will follow these deliberations in due course.
There will be a mandatory review of the legislation by a parliamentary committee in three years to ensure that the list is operating effectively. If any legislative changes are needed to increase the effectiveness of the list, they can be made at that time. In addition, the CRTC will have to report annually to the Minister of Industry, who will table the report in Parliament.
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