Following a comprehensive review of its Unsolicited
Telecommunications Rules (UTRs), the CRTC has rejected most of the revisions that
were considered during its review, electing to make only a few
Most significantly, the CRTC has rejected a long-standing
proposal to broaden the use of automated dialing-announcing devices
(ADADs) - popularly known as "robocalls" - where the
caller has an existing business relationship with the
The Commission similarly rejected revisions that would have
permitted, without consent, ADAD calls involving only indirect
solicitation, such as where a wireless carrier would make calls to
both provide notice to prepaid subscribers of the pending expiry of
their minutes and to provide a number through which those minutes
could be topped up. Three years ago, the three largest
wireless carriers paid financial penalties or made alternate settlements totalling $1.7 million
for making such calls, which the CRTC found to be telemarketing
calls, without consent.
However, in its 31 March 2014 decision, the Commission did make
certain changes to the UTRs, including more than halving the period
during which telemarketers must give effect to requests to be added
to the telemarketer's own internal Do Not Call List (DNCL),
from 31 to 14 days. The 31 day grace period for giving effect
to registrations on the National DNCL remains in place.
Other tweaks to the rules include the following:
ADAD calls may now include, in their introductory messages,
either a postal address or an email address, in addition to a valid
ADAD calls must now include at the beginning of a call a brief
description of the purpose of the telecommunication
Telemarketers must now ensure that the contact details (email
addresses, postal addresses, telephone numbers) provided during
live voice or ADAD calls must continue to be valid for a minimum of
60 days after the call. A similar requirement is included in
the new anti-spam law.
The UTRs, as posted on the CRTC's website, have already been amended to incorporate these
changes; however, the amendments will only take effect on 30 June
2014, giving telemarketers just over 90 days to make the system and
administrative changes that will be required to come into
The Commission declined to make other contemplated changes to
the UTRs, including the following:
Telemarketers will not be required to display on the recipients
caller ID the name of the calling party. Current rules are
maintained requiring the display of the originating telephone
number or an alternate number where the calling party can be
Telemarketers will not have additional record-keeping
requirements. Current rules are maintained requiring
telemarketers to retain records of registration with the National
DNCL operator, proof of any DNCL subscriptions purchased and
records of their call abandonment rates, if using predictive
The validity period for an internal DNCL request will continue
to be 3 years from the 31-day grace period following the initial
request. The Commission declined to extend this period, as
public interest groups had proposed
Telemarketers will not be required to notify consumers that
their internal DNCL registrations are about to expire, nor will
they be required to automatically extend an internal DNCL request
to all affiliated companies
Calls made for purposes exempted from the telemarketing rules
(e.g. registered charities and political parties) will not be
required to maintain internal DNCLs
Telemarketing calls made to businesses will continue to be
exempt from the telemarketing rules
The changes come just over a year after the Commission initiated
a comprehensive review of the Unsolicited Telecommunications
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