National Do Not Call List

The National Do Not Call List (DNCL) introduces new responsibilities for Canada’s telemarketers. Being a telemarketer means your business uses telecommunications technologies to make unsolicited calls or send faxes to consumers for the purpose of solicitation.

Summary

If you are a telemarketer you can use the National DNCL Web site to register your business information, obtain and buy a subscription to the National DNCL, and download or query the National DNCL. You can also find out about subscription rates, file formats and other information in the Telemarketer section of the Web site.

Who is required to register with the National Do Not Call List (DNCL)?

• telemarketers who make unsolicited telemarketing calls on their own behalf, regardless of whether or not such calls fall under the National DNCL exemptions;
• telemarketers making unsolicited telemarketing calls only on behalf of clients of telemarketers and who are not required to subscribe to the National DNCL or have no other need to subscribe to the National DNCL;
• clients of telemarketers on whose behalf unsolicited telemarketing calls are made regardless of whether or not the calls fall under the National DNCL exemptions;
• organizations not making unsolicited telemarketing calls and providing services to the telemarketing industry, such as list scrubbing, requiring its own access to the National DNCL; and
• any person or organization who is not one of the above and wishes to subscribe to the National DNCL.

If you are a telemarketer or client of a telemarketer who is solely making telemarketing calls that are exempt from the National DNCL Rules, then you are not required to access and subscribe to the National DNCL. However, you must still register your business information with the National DNCL Operator.

The types of telemarketing calls that are exempt from the National DNCL Rules are:

calls made by or on behalf of:

• Canadian registered charities;
• political parties, riding associations, and candidates; and
• newspapers of general circulation for the purpose of soliciting subscriptions.

calls made to:

• consumers with whom you have an existing business relationship;
• consumers who have provided express consent for receiving telemarketing calls; and
  businesses.

You can find more information about the National DNCL exemptions in CRTC Telecom Decision 2007-48.

National Do Not Call List Rules

• Telemarketers shall not call a consumer’s telephone number that has been registered on the National DNCL for more than 31 days unless the consumer has given prior express consent to be called;
• Clients of a telemarketer shall make all reasonable efforts to ensure a telemarketer calling on the client’s behalf shall not call a consumer’s telephone number that has been registered on the National DNCL for more than 31 days unless the consumer has given the client prior express consent to be called;
• The express consent provided by a consumer must clearly indicate the consumer’s consent to be called and the telephone number at which the consumer is consenting to be called.
• Consumers may withdraw their consent at any time;
• Telemarketers and clients of telemarketers must subscribe to the National DNCL and pay any applicable subscription fees before any telemarketing calls are made;
• Telemarketers must keep proof of their National DNCL subscription and payment of fees, and if they are calling on behalf of a client, proof of their client’s National DNCL subscription and payment of fees for a period of (3) three years;
• The National DNCL must not be used for any purpose other than compliance with the Rules;
• The National DNCL must not be sold, rented, leased, published or disclosed to any person outside of the telemarketer’s or client of the telemarketer’s organization;
• The National DNCL may be shared with a person providing services that enable the telemarketer or client of a telemarketer to comply with the National DNCL Rules provided the National DNCL is required and used by that person only to enable compliance and the disclosure is done on a confidential basis.

Organizations who are making telemarketing calls that are exempt from the National DNCL Rules must:

• maintain an internal do not call list and respect the consumer’s specific request not to be called;
• tell the consumer the purpose of the telemarketing call at the beginning of the call; and
• identify on whose behalf the call is being made.

Manitoba Contact(s):
Canadian Radio-television and Telecommunications Commission
Suite 1810
275 Portage Avenue
Winnipeg, Manitoba  R3B 2B3
Telephone: 204-983-6306
Fax: 204-983-6317
Toll-free (information): 1-877-249-2782
TTY Toll-free (hearing impaired): 1-877-909-2782
TTY (hearing impaired): 204-983-8274
E-mail: info@crtc.gc.ca
Web site: http://www.crtc.gc.ca/eng/welcome.htm
 

National Contact(s):
Canadian Radio-television and Telecommunications Commission
Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec  J8X 4B1
Telephone: 819-997-0313
Fax: 819-994-0218
Toll-free (information): 1-877-249-2782
TTY Toll-free (hearing impaired): 1-877-909-2782
TTY (hearing impaired): 819-994-0423
E-mail: info@crtc.gc.ca
Web site: http://www.crtc.gc.ca/eng/welcome.htm