National Do Not Call List applies to jurisdiction Canada
The National Do Not Call List (DNCL) (French: Liste nationale de numéros de télécommunication exclus) 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 was first announced by the Government of Canada on 13 December 2004.The DNCL has been labelled a "disaster" and over a decade after the law's creation, many telemarketers are either unaware or do not follow the rules imposed by the DNCL.The DNCL continues to receive heavy criticism, the latest being from Senator Percy Downe who referred to it as "totally useless", due to the costly but totally ineffective enforcement, the large number of exempt groups and the ability for anyone from anywhere in the world to purchase sets of phone numbers for relatively low fees, and then abuse the Do Not Call List as a calling list. Senator Downe cited multiple examples of constituents, whom he had personally added to the list, receiving a sudden increase in telemarketing calls three months later.On 20 April 2009, the CRTC announced that telephone and fax numbers on the list would be listed on the DNCL for five years, extended from the three years at the list's inception. Numbers are now on the list indefinitely.Overview
Legislation entitled Bill C-37, An Act to amend the Telecommunications Act, introduced in the House of Commons, was given first reading on 13 December 2004. It addressed telemarketing calls in Canada and would allow people to sign up to prevent certain telemarketers from contacting them. It received royal assent on 25 November 2005 and came into force on 30 June 2006.The legislation gives the Canadian Radio-television and Telecommunications Commission (CRTC) authority to establish a national do not call list, to establish procedures to administer the Act and to levy penalties for violations.Starting 30 September 2008, residents of Canada were able to register their telephone numbers on the list online, or by telephone, fax or teletype.Exemptions
The Do Not Call List exempts Canadian registered charities, political parties, riding associations, candidates, pollsters and newspapers of general circulation for the purpose of soliciting subscriptions. Telemarketing calls from organizations with whom residents have an existing business relationship are also exempt. Telemarketers may also still call if a resident gave them permission in a written form or verbally. This law also does not extend its protections to non-Canadian phone numbers.
Paragraph 41.7(4) of The Telecommunications Act requires that every exempted telemarketer "shall maintain their own do not call list and shall ensure that no telecommunication is made on their behalf to any person who has requested that they receive no telecommunication...". Unlike the DNCL Rules, the Act itself makes no provision for a grace period or expiry, so all do not call requests must be honoured immediately and permanently.
In letters dated 27 June 2008, to the Canadian Marketing Association (CMA) and the Canadian Bankers Association (CBA), CRTC Chairman Konrad von Finckenstein personally ruled that do not call requests from third parties, such as iOptOut.ca, are to be considered "...as valid requests and must be honoured." Due to its overwhelming popularity, iOptOut.ca is currently being upgraded and improved.On 13 November 2008, the CRTC declined a request from telecommunications provider Rogers Wireless to permit Canadian wireless customers to block unsolicited SMS text messages through the DNCL.