Cecily Zamora
Canada's National Do Not Call List (DNCL) is a list administered by the Canadian Radio-television and Telecommunications Commission (CRTC) that enables residents of Canada to decide whether or not to receive telemarketing calls. The DNCL was first announced by the Government of Canada on December 13, 2004, and became operational on September 30, 2008. The DNCL is designed to reduce the number of unwanted telemarketing calls and faxes Canadian consumers receive. Consumers must sign up to have their cellular, home phone, or fax numbers included on the list. While the DNCL has helped reduce unwanted calls for some, it has also received criticism for its numerous exemptions and ineffective enforcement.
| Characteristics | Values |
|---|---|
| Purpose | To reduce the number of unwanted telemarketing calls and faxes Canadian consumers receive |
| Administered by | Canadian Radio-television and Telecommunications Commission (CRTC) |
| Started | 30 September 2008 |
| Exemptions | Calls made for the purpose of market research, polls, surveys, and telemarketing calls from organizations with whom residents have an existing business relationship |
| Registration | Consumers must sign up to have their cellular, home phone, or fax numbers included on the National DNCL |
| Grace period | 31 days for telemarketers to update their calling lists |
| Permanence | Registration of numbers on the National DNCL is permanent |
| Removal | Consumers can, at any time, check the National DNCL to find out if their number is on the list and, if they wish, have it removed |
| Subscription | Telemarketers must purchase a subscription for the area codes they intend to call |
| Download | Telemarketers must download the numbers from the National DNCL and delete them from their calling lists |
| Update | The version of the National DNCL that telemarketers use must not be older than 31 days |
| Complaints | Canadians can make a complaint through the National DNCL website or by calling toll-free numbers |
| Penalty | Failure to comply with the DNCL can lead to penalties of $1,000 per violation in the case of an individual and $15,000 per violation in the case of a corporation |
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What You'll Learn
Exemptions to the law
Canada's National Do Not Call List (DNCL) helps ensure that the households contacted are likely to be receptive to the calls and thus improves response rates. Even if a telemarketer is making an exempted call, a consumer can ask the telemarketer to have their name and number put on the telemarketer’s own internal do-not-call list.
The exemptions to the National DNCL include:
- Telemarketing calls made by or on behalf of newspapers of general circulation for the purpose of soliciting subscriptions.
- Telemarketing calls that are made to persons with whom there is an existing business relationship. This includes consumers who have purchased, leased, or rented a product or service from the telemarketer in the last 18 months, have a written contract with the telemarketer that is still in effect or expired within the last 18 months, or have made an inquiry or submitted an application within the last six months.
- Telemarketers may also call if the consumer has provided express consent to be called. This includes permission given in writing, electronically, or verbally.
- Calls from organizations conducting market research, surveys, or public opinion polls are exempt from the National Do Not Call List Rules. However, they are not considered telemarketing and are not required to maintain internal do-not-call lists.
- Business-to-business calls are also exempt from National DNCL Rules.
It is important to note that even if a call is exempt, telemarketers are still required to maintain their own internal do-not-call list and respect the consumer's wishes not to be contacted. Failure to comply with the National DNCL or the Unsolicited Telecommunications Rules can result in penalties of up to $1,500 for an individual and $15,000 for a corporation per infraction.
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Telemarketer responsibilities
In Canada, the National Do Not Call List (DNCL) was established to give consumers a choice about receiving telemarketing calls and to reduce the number of unwanted calls and faxes. Telemarketers have specific responsibilities and rules they must follow regarding the use of the National DNCL.
Firstly, telemarketers must register with the National DNCL and purchase a subscription. This applies to all telemarketers, including third parties handling subscriptions, who must also pay an annual fee. Companies that make telemarketing calls on behalf of other organisations must ensure that their clients are registered with the National DNCL Operator and keep records of their clients' registrations and subscriptions for three years.
Secondly, telemarketers must maintain their own internal do-not-call list, even if they only make exempt calls. This internal list is separate from the National DNCL, and telemarketers must ensure they do not contact any numbers registered on either list. Telemarketers have 31 days from the date a consumer registers with the National DNCL to stop contacting them.
Thirdly, telemarketers must follow the CRTC's Unsolicited Telecommunications Rules, which include the Telemarketing Rules, National DNCL Rules, and Automatic Dialing and Announcing Device (ADAD) Rules. These rules require telemarketers to identify themselves and state the purpose of the call at the beginning of the call, as well as respect time limitations. Telemarketing calls are also prohibited from spoofing or hiding telephone numbers.
Non-compliance with these rules can result in significant financial penalties. Therefore, it is essential for telemarketers to understand and comply with their responsibilities regarding the National Do Not Call List in Canada.
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Consumer rights
In Canada, the National Do Not Call List (DNCL) is a key part of the CRTC's Unsolicited Telecommunications Rules, which consumers can register for to reduce the number of unwanted telemarketing calls and faxes they receive. Consumers can register their cellular, home phone, or fax numbers on the National DNCL, and once registered, their information is added within 24 hours. Telemarketers then have a 31-day grace period to update their calling lists. Registration on the National DNCL is permanent, and consumers can check and remove their numbers from the list at any time.
Certain telemarketing calls and faxes are exempt from the National DNCL rules, including those from registered charities, newspapers, political parties, and organizations conducting market research, polls, and surveys. Companies with an existing business relationship with consumers are also exempt, such as those with recent purchases, contracts, inquiries, or applications within the last 6 to 18 months.
Consumers in Ontario, Canada, also have rights outlined by the Consumer Protection Act (CPA) and other consumer protection legislation. One such right is a cooling-off period, which allows consumers to cancel agreements or contracts without reason or penalty within a specified number of days. This applies to various transactions, including door-to-door sales, advance payments for fitness clubs, and purchases of newly built condos. Consumers can cancel during the cooling-off period by submitting a written cancellation letter to the business.
Additionally, under the Consumer Protection Act, consumers have the right to receive their ordered products within 30 days of the promised delivery date. If the product is not delivered within this timeframe, consumers can request a refund. However, if they choose to keep the item delivered after the deadline, they forfeit their right to a refund. Consumers are also protected from being charged for items or services they did not request.
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Enforcement and penalties
The National Do Not Call List (DNCL) in Canada is designed to reduce the number of unwanted telemarketing calls and faxes Canadian consumers receive. The DNCL is administered by the Canadian Radio-television and Telecommunications Commission (CRTC) and enables residents of Canada to decide whether or not to receive telemarketing calls. The CRTC has the authority to levy penalties for violations, with fines of up to $1,500 for individuals and $15,000 for corporations for each violation. These penalties can be overturned if the violator can show they exercised due diligence to prevent the violation.
The DNCL is part of the CRTC's Unsolicited Telecommunications Rules, which include the Telemarketing Rules, National DNCL Rules, and Automatic Dialing and Announcing Device Rules. Telemarketers must identify themselves and the purpose of the call at the beginning of the conversation and respect time limitations. Non-compliance with these rules can result in significant financial penalties.
The DNCL has been criticised for its numerous exemptions, which may not result in a significant decrease in calls for subscribers. These exemptions include Canadian registered charities, political parties, riding associations, candidates, pollsters, and newspapers of general circulation for the purpose of soliciting subscriptions. Additionally, telemarketing calls from organisations with whom residents have an existing business relationship are also exempt.
To register a complaint about unsolicited calls, Canadians can use the National DNCL website or call toll-free numbers. The CRTC investigates these complaints and can penalise telemarketers found to be in violation of the rules. Consumers can also report illegal calls to the Federal Trade Commission (FTC), which works with other law enforcement agencies to combat robocalls and caller ID spoofing. The FTC also releases the phone numbers that are reported to help telecommunications carriers and other industry partners develop call-blocking and call-labelling solutions.
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Registering a number
Residents of Canada can register their telephone numbers on the National Do Not Call List (DNCL) to reduce the number of telemarketing calls they receive. The DNCL is a list administered by the Canadian Radio-television and Telecommunications Commission (CRTC) that enables residents of Canada to decide whether or not to receive telemarketing calls. It is important to note that registering on the DNCL will reduce but not eliminate all telemarketing calls and faxes.
Registration on the DNCL is free and can be done online at www.LNNTE-DNCL.gc.ca or by calling the toll-free numbers 1-866-580-DNCL (1-866-580-3625) or 1-888-DNCL-TTY (1-888-362-5889). Additionally, registration can be done by fax at 1-888-DNCL-FAX (362-5329) or by TTY device at 1-888-DNCL-TTY (362-5889). It is important to note that registration will expire three years after the registration date, after which automatic de-registration will occur.
When registering a number, you will need to provide the telephone number you wish to register. Only the subscriber of a telecommunications number or a person who has the authority to act on the subscriber's behalf may register a number on the DNCL. It is also important to note that the DNCL only applies to telephone calls and faxes to residential Canadian telephone numbers, including landlines, wireless, fax, VoIP, or satellite telephone numbers. Written forms of communication are not covered by the DNCL.
After registering, it can take up to 31 days for telemarketing calls to stop. If you continue to receive calls from organizations that are not exempt, you can file a complaint online at www.LNNTE-DNCL.gc.ca or by phone at 1-866-580-DNCL (3625). The CRTC may issue a notice of violation and impose monetary penalties of up to $1,500 for individuals and up to $15,000 for corporations if they find that a telemarketer has not followed the rules.
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Frequently asked questions
It is a list that filters out consumers who do not want to receive unsolicited calls and faxes, thereby reducing the number of unwanted telemarketing calls.
Telemarketers or clients of telemarketers need to be aware of their responsibilities regarding the use of the National Do Not Call List. Telemarketers must purchase a subscription for the area codes they intend to call and download the numbers from the National Do Not Call List.
Consumers must sign up to have their cellular, home phone, or fax numbers included on the National Do Not Call List. Once registered, their information is added within 24 hours.
Yes, certain telemarketing calls and faxes are exempt from the National Do Not Call List rules. These include unsolicited calls made by or on behalf of newspapers of general circulation, registered charities, political parties and candidates, and market research firms conducting surveys without selling a product or service.
If you have registered your number and still receive a call from someone who is not exempt, you can file a complaint through the National Do Not Call List website or by calling their toll-free numbers. The CRTC investigates complaints and can penalize telemarketers found to be in violation of the Unsolicited Telecommunications Rules.
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