September 15, 2012
The Canadian Radio-television and Telecommunications Commission (CRTC) is asking members of Landscape Ontario to ensure they are in compliance with unsolicited telecommunications rules.

Cathy Allison, manager of telecommunications enforcement at CRTC, visited Landscape Ontario home office in Milton. She says business owners who make telemarketing calls, or send faxes to consumers for the purpose of solicitation must comply with the CRTC’s Unsolicited Telecommunications Rules at all times.

She explained that owners should also understand if their organization uses a third-party to make telemarketing calls or send faxes, then both your organization and the third-party organization must follow the telemarketing rules.

All telemarketers must register with the National Do Not Call List (DNCL) operator and maintain an internal do not call list. Most telemarketers must also purchase a subscription to the National DNCL. However, a subscription is not required if telemarketing calls (including faxes) are being made by, or on behalf of registered Canadian charities raising funds, newspapers selling subscriptions, political parties and their candidates, companies selling only to other businesses, or companies contacting consumers with whom they have an existing business relationship (for instance, business dealings within the past 18 months).
 

Telemarketing rules

The CRTC has listed the following seven points to comply with the telecommunications rules.
  • Register with the National Do Not Call List (DNCL) operator
  • Purchase a subscription to the National DNCL and compare it to your calling list to ensure that you do not call anyone that is registered on the National DNCL. Make sure that you download an updated National DNCL every 31 days.
  • Do not call any number registered on the National DNCL or your own internal do not call list
  • Identify who you are and, upon request, provide a working fax or telephone number where the person being called can contact you about the call
  • Display the telephone number that you are calling from, or that the consumer can call to reach you
  • Respect the allowable calling hours: telemarketers may call or send faxes only from 9 a.m. to 9:30 p.m. on weekdays and from 10 a.m. to 6 p.m. on weekends
  • Comply with the Automatic Dialing and Announcing Device (ADAD) Rules, which apply to devices that dial telephone numbers automatically and deliver a pre-recorded message

All telemarketers must maintain their own internal do not call list, because consumers who have not registered on the National DNCL may not want to receive telemarketing calls from specific telemarketers. Also, consumers who have had recent dealings with your organization may not want to receive telemarketing calls from your organization. If a consumer asks a telemarketer to stop calling, his or her name and number must be added to the telemarketer’s internal list within 31 days. Telemarketers must not call or send faxes to consumers on their own internal do not call lists.

Violation of the telecommunications rules can result in fines of up to $15,000 for a corporation, for each violation.

To learn how to register and subscribe to the National DNCL, or for additional information, visit www.LNNTE-DNCL.gc.ca.