Copyright 2008, Blake, Cassels & Graydon LLP
Originally published in Blakes Bulletin on Information Technology, May 2008
The Canadian Radio-television and Telecommunications Commission (CRTC) regulates telecommunications in Canada pursuant to the Telecommunications Act. In June 2006, An Act to Amend the Telecommunications Act (Bill C-37) came into force, granting the CRTC the power to establish a National Do Not Call List (National DNCL) in Canada. This Act empowers the CRTC to administer databases for a National DNCL or to delegate its powers in relation to establishing and maintaining such a list in Canada. The CRTC initiated several proceedings and is still in the process of examining the implementation of the National DNCL; it is not yet certain when it will be operational, but the CRTC estimates September 30, 2008.
In 2007, the CRTC set up a comprehensive framework for the creation of this National DNCL, which included the rules with respect to this list, the Unsolicited Telecommunications Rules, Telemarketing Rules and Automatic Dialling-Announcing Device Rules.
At the end of 2007, the CRTC announced that it had awarded a five-year contract to Bell Canada, making it the "operator" of the National DNCL. The operator of the National DNCL will be responsible for such tasks as:
- registering telephone numbers,
- providing the updated versions of the list to
telemarketers, and
- receiving consumer complaints regarding telemarketing
calls.
These operations will be funded by the fees that telemarketers will pay to subscribe to the National DNCL. Furthermore, in January 2008, the CRTC announced that it would delegate the investigative powers for complaints relating to the National DNCL and telemarketing complaints. This third party will be chosen pursuant to a request for proposals. All telemarketers will pay a fee to the investigator to cover its costs.
The National DNCL will be a nationwide registry that will allow Canadians to reduce the number of unsolicited telemarketing calls they receive. Currently, each telemarketer has its own "do-not-call list", for which Canadians must register separately to avoid unsolicited calls. With the National DNCL, Canadians will simply have to register their number on this one list. There will be no cost to consumers to register on the National DNCL list. Certain organizations will be exempt from the National DNCL, such as registered charities, political parties and businesses with whom a business relationship exists.
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