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MEMORANDUM OF UNDERSTANDING BETWEEN THE

UNITED STATES FEDERAL TRADE COMMISSION AND THE

CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS

COMMISSION ON MUTUAL ASSISTANCE IN THE ENFORCEMENT OF 

LAWS ON COMMERCIAL EMAIL AND TELEMARKETING

The United States Federal Trade Commission (“FTC”) and the Canadian 

Radio-television and Telecommunications Commission (“CRTC”) 

(collectively, “the Participants”),

RECOGNIZING the importance of developing a global and coordinated 

approach to address unlawful commercial email and telemarketing, and the 

threats that they pose to consumers and their confidence in these critical 

communication systems;

RECOGNIZING that the Participants serve together on the Secretariat of 

the London Action Plan; have worked closely in connection with numerous 

investigations and enforcement actions relating to unsolicited commercial 

email (spam) and automated telephone calls (robocalls); have collaborated 

on promoting technological solutions to robocalls; and have engaged in 

staff exchanges;

RECOGNIZING that the U.S. Federal Trade Commission Act, 15 U.S.C. 

§ 41 et seq., as amended by the U.S. SAFE WEB Act, authorizes the FTC 

to disclose information to law enforcement authorities from other countries 

under appropriate circumstances; and 

RECOGNIZING that an Act known generally as the Canadian Anti-Spam 

Law (CASL) authorizes the CRTC to disclose information to an institution of 

the government of a foreign state in specified circumstances and under 

certain conditions;

HAVE REACHED THE FOLLOWING UNDERSTANDING: 
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I. Definitions 

For the purposes of this Memorandum, 

A. “Applicable Law” means the laws and regulations identified in Annex 

1, and such other laws or regulations as the Participants may from 

time to time jointly decide in writing to be an Applicable Law for 

purposes of this Memorandum.

B. “Covered Violation” means practices that would violate the Applicable 

Laws of one Participant's country and that are substantially similar to 

practices prohibited by any provision of the Applicable Law of the 

other Participant's country.

C. “Person” means any natural person or legal entity, including 

corporations, unincorporated associations, or partnerships, existing 

under or authorized by the laws of the United States, its States, or its 

Territories, or the laws of Canada. 

D. “Request” means a request for assistance under this Memorandum. 

E. “Requested Participant” means the Participant from which assistance 

is sought under this Memorandum, or which has provided such 

assistance. 

F. “Requesting Participant” means the Participant seeking assistance 

under this Memorandum, or which has received such assistance. 

II. Objectives and Scope 

A. This Memorandum of Understanding sets forth the Participants’ intent 

with regard to mutual assistance and the exchange of information for 

the purpose of enforcing and securing compliance with Covered 

Violations. The Participants do not intend the provisions of this 

Memorandum of Understanding to create legally binding obligations 

under international or domestic laws. 

B. The Participants understand that it is in their common public interest 

to: 
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1. cooperate with respect to the enforcement against Covered 

Violations, including sharing complaints and other relevant 

information and providing investigative assistance; 

2. facilitate research and education related to unauthorized 

telemarketing and unauthorized telephone calls; 

3. facilitate mutual exchange of knowledge and expertise through 

training programs and staff exchanges; 

4. promote a better understanding by each Participant of economic 

and legal conditions and theories relevant to the enforcement of the 

Applicable Laws; and 

5. inform each other of developments in their respective countries 

that relate to this Memorandum in a timely fashion. 

C. In furtherance of these common interests, and subject to Section IV, 

the Participants intend to use best efforts to: 

1. disclose information upon request, including complaints and other 

personally identifiable information, that a Participant believes would 

be relevant to investigations or enforcement proceedings regarding 

Covered Violations of the Applicable Laws of the other Participant’s 

country; 

2. provide investigative assistance in appropriate cases in 

accordance with domestic law; 

3. provide other relevant information in relation to matters within the 

scope of this Memorandum, such as information relevant to 

consumer and business education; government and self-regulatory 

enforcement solutions; amendments to relevant legislation; and 

staffing and other resource issues; 

4. explore the feasibility of staff exchanges and joint training 

programs; 
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5. coordinate enforcement against cross-border Covered Violations 

that are a priority for both Participants; 

6. collaborate on initiatives to promote technical and commercially 

viable solutions to unlawful telemarketing and electronic messages;

7. participate in periodic teleconferences to discuss ongoing and 

future opportunities for cooperation; and 

8. provide other appropriate assistance that would aid in the 

enforcement against Covered Violations. 

III. Procedures Relating to Mutual Assistance 

A. Each Participant is to designate a primary contact for the purposes of 

requests and other communications under this Memorandum. Notice of 

these designations and any subsequent changes is to be sent to the 

CRTC in care of the Chief Compliance and Enforcement Officer and to 

the FTC in care of the Deputy Director for International Consumer 

Protection, Office of International Affairs.

B. If a Participant requests assistance for matters involved in the 

enforcement of Applicable Laws, then Participants understand that: 

1. requests for assistance are to include sufficient information to 

enable the Requested Participant to determine whether a request 

relates to a Covered Violation and to take action in appropriate 

circumstances. Such information should include a description of the 

facts underlying the request and the type of assistance sought, as 

well as an indication of any special precautions that should be taken 

in the course of fulfilling the request; 

2. requests for assistance are to specify the purpose for which the 

information requested would be used; 

3. in conformity with CASL Section 60, information disclosed by the 

CRTC as envisioned by this Memorandum and related requests for 

assistance are to be used only for the purpose of investigating 
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possible contraventions of laws that do not have consequences that 

would be considered penal under Canadian law;

4. civil penalties provided under Applicable Laws are not considered 

to be penal as that term is used in CASL section 60; and

5. consistent with Section V.A., a request for assistance is to confirm

that the Requesting Participant is to maintain the confidentiality of 

each request for assistance, the existence of any investigation related 

to the request, all materials related to each request, and all

information and material provided in response to each request, 

unless the Participants reach a different understanding.

C. Participants should use their best efforts to resolve any 

disagreements related to cooperation that may arise under this 

Memorandum through the contacts designated pursuant to Section III.A, 

and, failing resolution in a reasonably timely manner, by discussion 

between appropriate senior officials designated by the Participants. 

IV. Limitations on Assistance 

A. The Requested Participant may exercise its discretion to decline the 

request for assistance, or limit or place conditions on its cooperation, 

including where it is outside the scope of this Memorandum or, more 

generally, where it would be inconsistent with domestic laws or 

important interests or priorities. 

B. The Participants recognize that it is not feasible for a Participant to 

offer assistance to the other Participant for every Covered Violation. 

Accordingly, the Participants intend to use best efforts to seek and 

provide cooperation focusing on those Covered Violations most serious 

in nature, such as those that cause or are likely to cause injury to a 

significant number of persons, and those otherwise causing substantial 

injury. 

C. The Requesting Participant may request the reasons for which the 

Requested Participant declined or limited assistance. 
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D. Participants intend to share confidential information pursuant to 

this Memorandum only to the extent that it is necessary to fulfill the 

purposes set forth in Section II. 

V. Confidentiality, Privacy, and Limitations on Use 

A. To the fullest extent possible, and consistent with their respective 

laws, each Participant certifies the confidentiality of information to be 

disclosed under this Memorandum, including the existence of an 

investigation to which the information relates. Subject to Section V.C, 

the Participants plan to treat the shared information, the existence of the 

investigation to which the information relates, and any requests made 

pursuant to this Memorandum as confidential, and do not intend to 

further disclose or use this information for purposes other than those for 

which it was originally shared, without the prior written consent of the 

Requested Participant.

B. The Participants recognize that material exchanged in connection 

with investigations and enforcement often contains personally 

identifiable information. If the Requesting Participant wishes to obtain 

confidential information that includes personally identifiable information, 

then the Participants understand that they are to take additional 

appropriate measures to safely transmit and safeguard the materials 

containing personally identifiable information. Protective measures 

include, but are not limited to, the following examples and their 

reasonable equivalents, which can be used separately or combined as 

appropriate to particular circumstances: 

1. transmitting the material in an encrypted format; 

2. transmitting the material directly by a courier with package tracking 

capabilities;

3. transmitting the materials by facsimile rather than non-encrypted 

email;

4. maintaining the materials in secure, limited access locations (e.g., 

password-protected files for electronic information and locked storage 

for hard-copy information); and 
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5. if used in a proceeding that may lead to public disclosure, 

redacting personally identifiable information or filing under seal. 

C. Notwithstanding Section V.A., nothing in this Memorandum is 

intended to:

1. authorize a Participant to withhold information provided pursuant to 

this Memorandum in response to a formal demand from a Participant 

country’s legislative body or an order issued from a court with proper 

jurisdiction in an action commenced by the Participant or its 

government; or

2. prevent material obtained in connection with the investigation or 

enforcement of criminal laws from being used for the purpose of 

investigation, prosecution, or prevention of violations of either 

Participant’s country’s criminal laws.

D. Each Participant is to use best efforts to safeguard the security of any 

information received under this Memorandum and respect any 

safeguards decided on by the Participants. In the event of any 

unauthorized access or disclosure of the information, the Participants 

are to take all reasonable steps to remedy the unauthorized access or 

disclosure and to prevent a recurrence of the event and are to promptly 

notify the other Participant of the occurrence. 

E. The Participants are to oppose, to the fullest extent possible 

consistent with their countries' laws, any application by a third party for 

disclosure of confidential information or materials received from a 

Requested Participant, unless the Requested Participant consents to its 

release. The Participant that receives such an application is to notify 

forthwith the Participant that provided it with the confidential information.

VI. Changes in Applicable Laws 

In the event of significant modification to the Applicable Laws of a 

Participant's country that are within the scope of this Memorandum, the 

Participants intend to consult promptly, and, if possible, prior to the entry 
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into force of such enactments, to determine whether to modify this 

Memorandum. 

VII. Retention of Information 

A. Participants do not intend to retain materials obtained through this 

Memorandum for longer than is reasonably required to fulfill the purpose 

for which they were shared or than is required by the Requesting 

Participant's country's laws. 

B. The Participants recognize that in order to fulfill the purpose for which 

the materials were shared, the Participants typically need to retain the 

shared materials until the conclusion of the pertinent investigation for 

which the materials were requested and any related proceedings. 

VIII. Costs 

Unless otherwise decided by the Participants, the Requested Participant is 

expected to pay all costs of executing the Request. When the cost of 

providing or obtaining information under this Memorandum is substantial, 

the Requested Participant may ask the Requesting Participant to pay those 

costs as a condition of proceeding with the Request. In such an event, the 

Participants should consult on the issue at the request of either Participant. 

IX. Duration of Cooperation 

A. The Participants intend cooperation in accordance with this 

Memorandum to become available as of the later on the date it is signed 

by the Participants. 

B. The Participants intend that assistance in accordance with this 

Memorandum is to be available concerning Covered Violations occurring 

before as well as after this arrangement is signed. 

C. This Memorandum may be discontinued, but a Participant should 

provide 30 days written notice of such discontinuation. However, prior to 

providing such notice, each Participant should use best efforts to consult 

with the other Participant. 
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D. On discontinuation of this Memorandum, the Participants are to, in 

accordance with Section V, maintain the confidentiality of any 

information communicated to them by the other Participant in 

accordance with this Memorandum, and return or destroy, in accordance 

with any methods prescribed by the other Participant, information 

obtained from the other Participant in accordance with this 

Memorandum.

E. This Memorandum may be modified by mutual consent of the 

Participants. Any modification is to be in writing and signed by both the 

FTC and the CRTC.

X. Legal Effect 

Nothing in this Memorandum is intended to: 

A. Create binding obligations, or affect existing obligations, under

international or domestic law. 

B. Prevent a Participant from seeking assistance from or providing 

assistance to the other Participant pursuant to other agreements, 

arrangements, or practices.

C. Affect any right of a Participant to seek information on a lawful basis 

from a Person located in the territory of the other Participant's country, 

or preclude any such Person from voluntarily providing legally obtained 

information to a Participant. 

D. Create a commitment that conflicts with either Participant’s national 

laws, court orders, or any applicable international legal instruments 

E. Create expectations of cooperation that would exceed a Participant's 

jurisdiction. 
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Signed at Washington, D.C., United States of America, and Ottawa,

Ontario, Canada on March 24, 2016, in duplicate. 

_________________________ ________________________________

Edith Ramirez 

Chairwoman

Federal Trade Commission

United States of America

Jean-Pierre Blais

Chairman 

Canadian Radio-television and 

Telecommunications Commission

Canada 
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Annex

Applicable Laws

I. Federal Trade Commission 

a. Federal Trade Commission Act, 15 U.S.C. §§ 41-58.

b. Controlling the Assault of Non-Solicited Pornography and 

Marketing Act of 2003, (CAN-SPAM Act), 15 U.S.C. 

§§ 7701-7713

c. Telemarketing and Consumer Fraud and Abuse Prevention Act, 

15 U.S.C. §§ 6101-6108

d. Telemarketing Sales Rule, 16 CFR Part 310

II. Canadian Radio-television and Telecommunications Commission 

a. An Act to promote the efficiency and adaptability of the Canadian 

economy by regulating certain activities that discourage reliance 

on electronic means of carrying out commercial activities, and to 

amend the Canadian Radio-television and Telecommunications 

Commission Act, the Competition Act, the Personal Information 

Protection and Electronic Documents Act and the 

Telecommunications Act, S.C. 2010, c. 23

b. Telecommunications Act, S.C. 1993 as amended