Government of Canada
Gouvernement du Canada

IMPORTANT NOTICES ON WEBSITE

Official Languages

The National Do Not Call List (DNCL) respects the Official Languages Act and the relevant Treasury Board Secretariat policies and is committed to ensuring all information and services on this site are available in both English and French. However, visitors should be aware that some information from external sources that are not subject to the Official Languages Act is only provided as a convenience and is available only in the language in which it was provided.

Hyperlinking Notice

Visitors to this site should also be aware that information offered by non-Government of Canada sites to which the National DNCL links is not subject to the Privacy Act or the Official Languages Act and may not be accessible to persons with disabilities. The information offered may be available only in the language(s) used by the sites in question, and visitors should research the privacy policies of the sites before providing personal information.

Copyright/Permission to Reproduce

Materials on this Web site were produced and/or compiled by the National DNCL Operator for the purpose of providing Canadians with direct access to information about the National DNCL. The material on this site is covered by the provisions of the Copyright Act, by Canadian laws, policies, regulations and international agreements. Such provisions serve to identify the information source and, in specific instances, to prohibit reproduction of materials without written permission.

Reproduction of Government Symbols

The official symbols of the Government of Canada, including the "Canada" wordmark, the Arms of Canada, and the flag symbol may not be reproduced, whether for commercial or non-commercial purposes, without written authorization. Request for authorization from the Treasury Board Secretariat may be addressed to: information@fip-pcim.gc.ca Federal Identity Program Treasury Board of Canada Secretariat 300 Laurier Avenue West Ottawa, Canada K1A 0R5

Third Party Information Notice

Some of the information and services found on this Web site have been provided by external sources. The Government of Canada and the National DNCL Operator are not responsible for the accuracy, reliability or currency of the information or services provided by external sources. Users wishing to rely upon this information or services should consult directly with the appropriate source.

Official Web Sites

This Web site (www.lnnte-dncl.gc.ca) is the official Web site of the National DNCL. It provides the official procedures and information necessary for Consumers, Telemarketers and Clients of telemarketers to participate and comply with the Unsolicited Telecommunications Rules framework and the National DNCL. Impostor Web sites may attempt to mislead members of the public into thinking that they are official sites of National DNCL. These Web sites may attempt to charge you for services that are otherwise free to Consumers on the National DNCL Web site. They may also attempt to charge Consumers for services that you may never receive or request that you pay their fees in cash by mail or by making deposits to personal bank accounts. These methods are contrary to the official procedures for the National DNCL. Sending any personal or biographical information to impostor or non-official Web sites could also result in identity theft or fraud.

PRIVACY & CONFIDENTIALITY STATEMENT

Purpose

The National Do Not Call List (DNCL) Operator is committed to respecting the privacy and confidentiality of the information provided by persons and organizations when using the National DNCL.
The National DNCL Operator is responsible for carrying out specific functions in relation to the National DNCL and the Unsolicited Telecommunications Rules. These functions include:
  • Registering residential, wireless, fax or VoIP telephone number(s) to reduce the number of telemarketing calls or faxes to such numbers.
  • De-registering residential, wireless, fax or VoIP telephone number(s) when consumers no longer wish to benefit from the National DNCL.
  • Collecting information about complaints relating to telemarketing calls.
  • Managing registrations, subscriptions and access to the contents of the National DNCL by telemarketers and their clients.
This Privacy and Confidentiality Statement applies to the National DNCL Operator, including its employees, agents and subcontractors; the Canadian Radio-television and Telecommunications Commission (CRTC); and/or its Complaints Investigator Delegate. This Privacy and Confidentiality Statement is meant to inform persons and organizations about the purposes for collecting personal and confidential information as well as the way such information is subsequently used and disclosed.

Canadian Consumers

Personal information will be collected, used and disclosed by the National DNCL Operator in order to register, verify and de-register residential, wireless, fax or VoIP telephone number(s) on the National DNCL. The numbers registered by consumers on the National DNCL will be disclosed to telemarketers and clients of telemarketers and other subscribers to the National DNCL to prevent telemarketing calls to those numbers. The numbers may also be disclosed, on a confidential basis, by telemarketers and clients of telemarketers and other subscribers to the National DNCL to another person involved in supplying the subscriber with services to enable compliance with the National DNCL Rules. In addition, personal information will be collected, used and disclosed by the National DNCL Operator, the CRTC and/or its Complaints Investigator Delegate in order to investigate complaints regarding violations of the Unsolicited Telecommunications Rules, to administer and enforce these rules, and for audit and quality assurance purposes. Personal information may also be disclosed to Canadian and/or foreign law enforcement agencies for the purpose of administering or enforcing any law or carrying out a lawful investigation.

What information do we collect, use and disclose?

The following list contains the types of information that is collected from an individual:
  • Information Collected for Number Registration, De-Registration and Verification is retained for 2 years after the registration expires
    • Residential, wireless, fax or VoIP telephone number(s)
  • Information Collected for Complaint Investigation and Statistical Tracking is retained for a maximum of 5 years after the closure of any potential investigation.
    • Nature of the complaint
    • Details of the complaint including: the date of the telemarketing call, the telephone number called, indication that the telephone number called is a residence or business number, indication that the complaint is related to a fax, the telemarketer’s company name and/or telephone number, and, if known, the description of the product or service the call was about, other relevant details about the call volunteered by the complainant, and the telemarketer’s agent’s name.
    • Contact information and language preference so that a complainant may be contacted in the event additional information is required during an investigation. Contact information includes: name, phone number and e-mail address or mailing address. Contact information is retained for a maximum of 5 years after the closure of any potential investigation.

Telemarketers, Clients of Telemarketers and other Subscribers

The National DNCL Operator collects, uses, and discloses information related to telemarketers, clients of telemarketers, and other persons and organizations in order to: (i) enable subscription to the National DNCL; (ii) facilitate and manage the registration of telemarketers, or clients of telemarketers, or other persons or organizations with the National DNCL Operator; (iii) give access to the contents of the National DNCL; and (iv) support other activities specifically identified at the time the information is collected. In addition, information of persons and organizations will be collected to allow for the receipt of technical assistance from the National DNCL Operator. Information will be collected by the National DNCL Operator pursuant to Telecom Decision 2008-6-1 and subsequent decisions and will be used by, and disclosed to, the CRTC and/or its Complaints Investigator Delegate, as the CRTC may determine from time to time in its sole discretion. Information collected by the National DNCL Operator will be protected in accordance with applicable privacy laws and will be used and disclosed by the National DNCL Operator, the CRTC, and/or its Complaints Investigator Delegate (as the case may be) to administer and enforce the Unsolicited Telecommunications Rules (including the National DNCL Rules), as amended by the CRTC from time to time. Information may also be disclosed to Canadian and/or foreign law enforcement agencies for the purpose of administering or enforcing any law or carrying out a lawful investigation.

What information do we collect, use and disclose?

The following list contains the types of information that may be collected from telemarketers, clients of telemarketers and other persons and organizations. Information is retained for a period of three years from the date of expiry of the last registration period, or last transaction, whichever is later:
  • Information Collected for Registration
    • Business legal name
    • Business Operating Name
    • Parent company name
    • Business address
    • Business Telephone Number
    • Business website (optional)
    • Industry
    • Number of employees
    • Number of telemarketing agents
    • Telemarketer Function (description of organization’s telemarketing activities)
    • Name(s) and telephone number(s) used and displayed while making telemarketing calls
    • Account Manager contact information, including name of responsible person(s) and contact information for account and subscription management
Information Collected for Subscription to the National DNCL (if applicable):
  • Type of subscription required: download or query
  • Payment type: credit card or electronic funds transfer
  • Payment transaction information, including credit card numbers and expiry dates or financial institution and bank account information that will be collected by third-party payment transaction processors in order to process payment transactions. Information provided to payment transaction processors may be disclosed to payment processors, financial institutions or other third parties only when such parties require the information to process payment transactions.

Security

Please note that the National DNCL Operator monitors access to the National DNCL Web site to ensure efficiency of its operations and identify unauthorized access. In doing so, the National DNCL Operator records the Internet Protocol (IP) address of computers contacting the National DNCL Web site, the date and time contact was made and the pages visited. The National DNCL Operator does not attempt to link these IP addresses with the identity of individuals visiting the National DNCL Web site unless an attempt to damage the National DNCL Web site or unauthorized access has been detected. The National DNCL Operator does not automatically gather any personal information, such as the name, phone number, e-mail address, or street address of persons visiting the National DNCL Web site. Information is collected only when it is submitted. Information submitted to the National DNCL Web site during online transactions is encoded using 128-bit SSL (secure socket layer) encryption. The National DNCL Operator will collect non-identifying or statistical information for audit purposes, for use in maximizing effectiveness. Unless specifically noted otherwise, neither electronic systems nor e-mail are secure information transmission methods, therefore it is not recommended that sensitive personal information be transmitted electronically.

Session Cookies

Per-session cookies are used on some portions of the National DNCL Web site to store information within a session. During a visit to the National DNCL Web site, the visitor’s browser exchanges information with the National DNCL Web server. Per-session cookies facilitate this exchange by reminding the server which computer is making the request. A cookie is a computer (text) file that is sent to a visitor's Web browser, by a Web server, in order to remember certain pieces of information. The cookie is automatically terminated when you navigate to another site. A session cookie will not damage your computer, divulge private information, or compromise your security. For information on enabling cookies please refer to your browser help documentation.

Privacy Rights

The National DNCL Operator adheres to the Privacy Act and the Personal Information Protection and Electronic Documents Act. Privacy laws also give individuals the right to access and/or correct their personal information under the custody and control of the National DNCL Operator. Section 10(1) of the Privacy Act requires the inclusion of all personal information under the control of a government institution in a Personal Information Bank (PIB). The CRTC has registered a PIB with Treasury Board Secretariat for the information collected as part of the National DNCL system. This PIB number is 20091520. In the current version of Infosource, the Related Record Number (Class of Records) is CRT TEL 265. In the version of Infosource for 2010, the Related Record Number for National DNCL Personal Information will be CRT PPU 075.

Contact

If you have any questions or would like to discuss any matters relating to privacy or access or use of your information, please contact:
National DNCL Access and Privacy Coordinator:
Toll-free: 1-866-791-6601 TTY device: 1-888-362-5889 E-mail: privacy@req.lnnte-dncl.gc.ca
CRTC Access and Privacy Coordinator:
Telephone: 819-997-4274 TTY device: 819-994-0423 Toll-free: 1-877-249-2782 Website: http://www.crtc.gc.ca/eng/question.htm

Other Contacts:

Office of the Information Commissioner of Canada:

For more information about your right to access, consult Info Source or http://www.oic-ci.gc.ca/eng/ Telephone: 613-995-2410 Toll-Free: 1-800-267-0441 Fax: 613-947-7294

Office of the Privacy Commissioner of Canada:

For more information on privacy issues, the Privacy Act or the Personal Information Protection and Electronic Documents Act, please contact the Office of the Privacy Commissioner of Canada: https://www.priv.gc.ca/en/ Toll-free: 1-800-282-1376 Phone: 613-995-8210 Fax: 613-947-6850 TTY device: 613-992-9190

National DNCL Privacy Impact Assessment Summary

Introduction

In June 2006, Parliament amended the Telecommunications Act to grant the CRTC the powers required to establish a National Do Not Call List (DNCL or NDNCL) and to delegate such powers to a national operator (National DNCL Operator or Operator). The purpose of the National DNCL is to give consumers a choice about whether to receive telemarketing calls. Organizations that make non-exempt telemarketing calls are not allowed to call phone numbers registered on the National DNCL. Benefits of the National Do Not Call List (DNCL) The National DNCL provides Canadian consumers a means with which to register their telephone, cellular or fax numbers in order to prevent unsolicited telemarketing calls. Registration on the National DNCL is available via a bilingual website, TTY devices, or by telephone via an interactive voice response (IVR) interface. Once you register your number, it does not expire, and will stay on the list indefinitely unless you remove it. For telemarketing firms and/or their clients, the National DNCL provides the ability to register as a telemarketer and to pay for a subscription to National DNCL. This enables telemarketers to download a copy of the National DNCL database to ensure their compliance with the National DNCL legislation.

Report Objective

The objective of the PIA is to assess the risks associated with the operation of the National DNCL by the National DNCL Operator. The report identifies potential risks and highlights mitigation strategies based on legislative obligations and best practices with respect to the protection of privacy. A detailed Privacy Impact Assessment (PIA) was undertaken by Bell Canada's Privacy Centre of Excellence in the summer and fall of 2008 to address privacy issues and ensure that the National DNCL service complied with privacy requirements, including the Privacy Act and related policies. The PIA set out several recommendations with a view to mitigate privacy risks. Bell Canada (selected through tender by the CRTC as the National DNCL Operator), and the CRTC have agreed with all the recommendations and have already implemented measures to manage the risks, or are in the process of doing so. The CRTC has since informed the Office of the Privacy Commissioner (OPC) of additional privacy measures that have been implemented, including an automated Telemarketer Identity Verification process. This PIA summary captures the privacy-related impacts of the National DNCL by focusing on the collection, use and disclosure of personal information by the National DNCL Operator.

Description

In carrying out its obligations, the National DNCL Operator fulfills a number of roles and responsibilities in administering the National DNCL, including:
  • Operating and maintaining a system for consumers to register their numbers;
  • Operating and maintaining a registration and subscription system for telemarketers;
  • Operating and maintaining a complaint filing and assessment system;
  • Assessing whether a violation of the National DNCL Rules has occurred and forwarding all complaints to the CRTC for investigation;
  • Maintaining all records related to complaints for 2 years from the date that they are received;
  • Maintaining all records related to telemarketer registration data for 5 years from the date of expiry of the last registration period or last transaction, whichever is later.
The CRTC operates and maintains a Complaints Investigation Management (CIM) system that manages all complaints received from the Operator and manages the investigation process for the complaints. The CRTC maintains all records related to complaints for 5 years from the date that they were received from the Operator, or for 5 years from the date an investigation was closed. The CRTC also retains telemarketer registration data for 5 years from the date the telemarketer database Extract Report was received from the Operator.

Data Analysis

The different types of personal information collected or used during the various stages of the National DNCL operation are as follows:
Description of personal information cluster Collected via Type of format (e.g. paper, electronic) Used by or disclosed to Purpose of collection Storage and retention schedule
Consumer number (i.e. home telephone, cellular, VoIP or fax). National DNCL Operator live agent, IVR system, website, or fax. Electronic, paper faxes. A copy of the National DNCL database is transmitted electronically to telemarketers upon successful registration and payment of a subscription fee. National DNCL Operator. All telemarketers or clients of telemarketers who have registered and subscribed to the National DNCL. CRTC, as an individual number identified within a complaint, transmitted electronically from the National DNCL Operator. Operator: To operate the National DNCL to mitigate unsolicited telemarketing calls. CRTC: CRTC Investigators use the DNCL "verify number" feature to determine whether a number has been registered (the full DNCL is not disclosed to the CRTC). Operator: Montreal, QC. As outlined in the record retention policy: * Two years from date of de-registration, if consumer de-registers their number.
Complaint information (nature of complaint, details of complaint, date of complaint). National DNCL Operator live agent, website or fax. Electronic. Paper faxes. CRTC. Telemarketers or clients of telemarketers who are the subject of complaints. CRTC: To investigate the complaint in accordance with the Unsolicited Telecommunications Rules. Telemarketers: During some investigations, CRTC may require that the telemarketer confirm call was placed to complainant's number Operator: Montreal, QC. As outlined in the record retention policy: * 2 years after date complaint was lodged by complainant CRTC: complaint information management (CIM) system. Gatineau, QC. As outlined in the record retention policy: * 5 years after CIM creation date or 5 years after close of investigation
Consumer contact information (i.e. name, address, contact telephone number, e-mail address). National DNCL Operator live agent, website, fax. Electronic. Paper faxes. CRTC (or possibly in future, the CRTC's Complaints Investigator Delegate) Canadian and/or foreign law enforcement agencies. To contact consumers for additional information related to a complaint; to investigate complaints about violations of the Unsolicited Telecommunications Rules; to administer and enforce rules or laws. To carry out a lawful investigation Operator:Montreal, QC. As outlined in the record retention policy: * 2 years after date complaint was lodged by complainant CRTC: complaint information management (CIM) system. Gatineau, QC. As outlined in the record retention policy. * 5 years after CIM creation date or 5 years after close of investigation
Telemarketer's Business registration and subscription information Note: Privacy Impact only applies if registrant is a sole-proprietorship and conducting business under their own name. National DNCL Operator website. Electronic. National DNCL Operator. Telemarketers / clients of telemarketers who have registered and subscribed to the National DNCL. Only a telemarketer's own data is accessible to each telemarketer. CRTC. To allow telemarketers / clients of telemarketers to register and manage their registration information. To permit subscription purchases and manage subscriptions. To allow CRTC to investigate complaints and resolve telemarketer issues. Operator: Montreal, QC. As outlined in the record retention policy: * 5 years from the date of expiry of last registration period or last transaction, whichever is later. CRTC complaint information management (CIM) system. Gatineau, QC. As outlined in the record retention policy. * 5 years from the date the telemarketer database Extract Report received from Operator.

Privacy Risk Management

Privacy risks raised in the Privacy Impact Assessment are the following (since many of the risks are currently under mitigation, a status is also reported):
Identified Privacy Risk Level Status
All NDNCL functional areas should be informed of the accountability for privacy. They should know who to contact in response to a breach of personal information. Low Developed a privacy bulletin to distribute to all National DNCL Operator teams. All privacy documentation has been made accessible to all agents of the National DNCL Operator.
All NDNCL incident response activities and concerns should be coordinated with the CRTC (i.e. an incident response protocol should be provided). Low The CRTC has provided the National DNCL Operator with all privacy requirements and these have been reviewed with Operator to ensure understanding.
National DNCL Operator agents should be separated from other non-DNCL agents to reduce risk of unauthorized disclosures. Low Controls are in place to ensure adequate measures exist to safeguard NDNCL Operator agent material from other agents, including the following:
  • Installation of signs indicating "NDNCL personnel only";
  • Monitors situated away from casual viewing;
  • Use of screen savers;
  • Minimizing screen for visits by non-NDNCL personnel;
  • Refresher training on operational procedures concerning security, sensitive discussions;
  • Ensuring no hardcopies of personal information are left on display;
  • Ensuring any documentation containing personal information is locked in a secure container; and
  • Ensuring printers are not shared with any other groups.
The National DNCL Operator should ensure that privacy adherence is followed by all third parties and is enshrined in contracts with these entities. Low Where third parties may handle personal information for the National DNCL Operator, there are contractual agreements which have been reviewed to ensure adherence to applicable privacy law.
The National DNCL Operator should require that breaches of personal information be reported internally and to the CRTC immediately. Low A National DNCL Operator privacy breach protocol (based on the CRTC's protocol) has been developed.
The National DNCL Operator should ensure that all domains receive a privacy incident management response protocol. Low All domains working on the National DNCL initiative have a copy of the incident management response protocol.
The National DNCL Operator should ensure that all agents involved with personal information handling in relation to the National DNCL have been trained on their privacy obligations. Low All relevant National DNCL agents receive privacy training once a year. The manager of each domain is responsible for ensuring team privacy training remains current.
The National DNCL Operator should ensure that whenever personal information is used for statistical, reporting and planning purposes that it be truncated or de-identified so that it is not identifiable to an individual. Low The National DNCL Operator does not use personal information for planning, forecasting or statistical information. Reports that contain identifying information are those related to consumer complaints, the purposes for which are identified in the Privacy Statement.
All National DNCL Operator agents should be aware of the specific purposes for which consent has been given to ensure they do not extend the consent that has been granted. Low This message is included in annual privacy refresher training.
The National DNCL Privacy Statement should be updated by a designated individual over time, particularly if changes are made to personal information collection, use and/or disclosure. Low The National DNCL Web Site includes a link to an updated Privacy & Confidentiality Statement.
The National DNCL should update its website to provide notification regarding withdrawal of consent for complaints. Low The National DNCL web site provides contact information for the CRTC including a telephone number and directions for withdrawing a complaint if a consumer wishes to do so.
The National DNCL agents providing support to consumers should be provided a script to inform consumers of their inability to withdraw consent for the investigation for their complaint. Low A script has been provided. The CRTC's Client Services team can be contacted by Consumers wishing to withdraw a complaint.
The National DNCL should review any free-form text boxes to ensure that collection of any personal information is neither onerous nor unwarranted. This review should lead to a notification near the entry to assist the consumer to determine relevancy. Low Website wording to discourage onerous or unneeded personal data at the time of entry into the free-form text box has been added.
The National DNCL Operator should ensure that all new purposes for collecting personal information are identified over time and formally documented as assessed. Low Future functional specification updates will take into consideration personal information requirements and assessments.
The National DNCL Operator should coordinate with the CRTC to develop an appropriate data retention and destruction policy and schedule. Low The CRTC has provided the National DNCL Operator with a detailed record retention and destruction policy. The Operator will be implementing this policy in a future release, scheduled for IIQ2010.
The National DNCL Operator agents should ensure verification of personal information occurs when interacting with consumers. Low This is included in existing procedures.
The National DNCL Operator, in conjunction with the CRTC, must clarify a formalized process to communicate and streamline access to information and privacy (ATIP) requests. Low ATIP requests are directed to the National DNCL Operator's Senior Counsel-Regulatory Law or directly to the CRTC ATIP Coordinator.
The National DNCL Operator must ensure that all disclosures of personal information to third parties are tracked. Low All disclosures of personal information to third parties are tracked.
The National DNCL Operator must align with its privacy ombudsman and legal team who deal with privacy matters to determine what role they will play with the National DNCL and what level of engagement is necessary to resolve privacy matters. Low This is being done on an as needed basis. The National DNCL Operator privacy prime engages its privacy primes for matters requiring support. Privacy matters are also referred to the CRTC and its Privacy Co-ordinator.
The output should be incorporated into the incident response protocol. Low The National DNCL Operator contacts are included in the National DNCL Privacy Prime's operating procedures.
The National DNCL Operator must determine the approach for incident tracking and monitoring. Low This is included in the Privacy Breach Protocol.
The National DNCL Operator must abide by the CRTC's requirements regarding reporting privacy incident and/or complaints. Low This is included in the Privacy Breach Protocol.
The National DNCL Operator must ensure that its Privacy Officer has support and guidance for response to incidents. Low This is being done on an-as needed basis. The National DNCL Operator privacy prime engages key privacy primes for matters requiring support. Privacy matters are also referred to the CRTC and its Privacy Co-ordinator.

Conclusion

The privacy impact assessment revealed a number of privacy risks; however, these risks have been mitigated with the implementation of the recommendations in the Privacy Risk Action Plan as set out in the PIA. The Office of the Privacy Commissioner (OPC) reviewed the PIA and in April 2009 identified some further privacy risks to the CRTC. These risks have been or are in the process of being addressed. Furthermore, the implementation of some mitigation processes is ongoing. The CRTC has since informed the OPC of additional privacy measures that have been or will be implemented imminently. Information About Programs and Information Holdings All government institutions subject to the Access to Information Act and the Privacy Act publish an inventory of their information holdings as well as relevant details about personal information under their control. The following information can assist you in making an access to information or personal information request, or in exercising your privacy rights:
  • Browse the list of government institutions to learn more about their programs, activities, and information holdings, including their classes of records and personal information banks.
Some programs and activities, such as human resources and financial management, are common to most government institutions. These are known as internal services and they involve the following types of information:
  • Standard classes of records: These are descriptions of all records created and used to support internal services.
  • Standard personal information banks: These are descriptions of personal information contained in records, and collected and used to support internal services.

Internal Services

Access to Information and Privacy

Description: Includes records related to the administration of the Access to Information and/or the Privacy Act including processing requests, preparing Annual Reports to Parliament, statistical reports and updates to the Info Source publications, providing advice, guidance and training to employees, responding to complaints from requestors, conducting privacy impact assessments and responding to investigations by the Offices of the Information and/or Privacy Commissioners. Records may include information related to all requests for information under the control of the institution including correction of personal information and notification of correction of personal information, the identification, description and registration of personal information banks, informal requests, complaints, investigations and requests for judicial review, consultations with third parties and information received from or sent to other institutions, legal advice and requests for advice received from institutional officials that raise privacy and/or access to information concerns. Records may also include information related to requests leading to a change of policy or procedure and documentation pertaining to the software systems used within institutions to manage the administration of access to information and privacy requests. Document Types: Request case files (may include written requests for information, request forms, letters of acknowledgement, fee estimates, working notes, news clippings, summaries of analyses, request response package including cover letter and copies of released documents, requests to correct personal information, and Commissioner and judicial recommendations and orders), Annual Reports to Parliament, statistical reports, copies of relevant legislation, regulations and related policy instruments, internal policies, guidelines, directives and procedures, legal opinions, copies of audits and/or investigations from the Office of the Privacy Commissioner and/or Office of the Information Commissioner, updates to the Info Source publications, delegation of authority, staff time logs, notices of transfer, fees or extension of time, file lists, indices or finding aids, reports, memoranda and correspondence files. Record Number: PRN 930

Standard Classes of Records

Access to Information Act and Privacy Act Requests

Description: This bank describes information that is related to formal requests for access to information and, access to or correction of personal information made by individuals in accordance with the Access to Information Act and the Privacy Act. The personal information may include: name, contact information, credit information, identification numbers, Social Insurance Number (SIN) and other processing information related to the request, as well as personal information contained in institution records that are relevant to the request. Note: Bank formerly called Access to Information and Privacy Requests. Description last updated: December 2013 . Class of Individuals: Individuals and their representatives who make formal requests to either obtain information or correct personal information under the control of the government institution. Purpose: The personal information is used to process and respond to formal requests made under the Access to Information Act and the Privacy Act, including subsequent complaints, investigations and judicial review when applicable. Personal information is collected pursuant to section 13 of the Privacy Act, sections 8 and 11 of the Privacy Regulations, sections 6 and 11 of the Access to Information Act and section 4 of the Access to Information Regulations. The SIN is collected when required to locate personal information held by a program authorized through legislation or policy approval to use the SIN. Consistent Uses: Information may be shared with other government institutions during consultations required to process and respond to formal requests made under the Acts. Information may be shared with the Office of the Privacy Commissioner during investigations, refer to Privacy Complaints and Investigations – OPC PPU 005 and Privacy Commissioner Ad Hoc – Complaints and Investigations – OPC PPU 008. Information may be shared with the Office of the Information Commissioner during investigations, refer to Complaint Investigations – OIC PPU 3100 and Ad Hoc Information Commissioner Complaint Investigations – OIC PPU 123. Personal information may be shared with a government institution providing internal support services in accordance with section 29.2 of the Financial Administration Act. For information about the internal support services used, please contact the institution’s Access to Information and Privacy Coordinator. The information may be used for planning and evaluation purposes. Depersonalized and aggregated information is used to report to Parliament on the administration of the Access to Information Act and the Privacy Act. Retention and Disposal Standards: For information about the length of time that specific types of common administrative records are maintained by a government institution, including the final disposition of those records, please contact the institution’s Access to Information and Privacy Coordinator. RDA Number: 98/001 Related Record Number: PRN 930

Disclosure to Investigative Bodies

Description: Includes records related to requests received by government institutions from investigative bodies listed in Schedule 2 of the Privacy Regulations for personal information, collected for the purpose of authorized programs and activities of the government institutions, to be disclosed pursuant to paragraph 8(2)(e) of the Privacy Act and the responses thereof. Records of requests and responses are kept by the government institution receiving the request pursuant to sections 8(4) Privacy Act and 7 Privacy Regulations. Document Types: Requests for information, responses and related correspondence, reports, policy interpretation, legal opinions, disclosure review and response procedures, copies of internal directives, etc. Record Number: PRN 937

Standard Personal Information Banks

Standard personal information banks Personal information banks (PIBs) are descriptions of personal information under the control of a government institution that is organized and retrievable by an individual's name or by a number, symbol or other element that identifies that individual. The personal information described in a PIB has been used, is being used or is available for an administrative purpose. The PIB describes how personal information is collected, used, disclosed, retained and/or disposed of in the administration of a government institution's program or activity. There are three types of PIBs: central, institution-specific and standard. The following descriptions are standard PIBs. They describes information about members of the public as well as current and former federal employees contained in records created, collected and maintained by most government institutions in support of common internal services. These include personal information relating to human resources management, travel, corporate communications and other administrative services. Standard PIBs are created by the Treasury Board of Canada Secretariat. Individuals seeking access to the institution-specific Personal Information Banks of a particular government institution should consult the institution’s Information About Programs and Information Holdings chapter. Please refer to the following link for more information on the following items below:
Access to Information Act and Privacy Act Requests
  1. Accounts Payable
  2. Accounts Receivable
  3. Acquisition Card
  4. Applications for Employment
  5. Attendance and Leave
  6. Business Continuity Planning
  7. Canadian Human Rights Act - Complaints
  8. Discipline
  9. Disclosure of Wrongdoing in the Workplace
  10. Disclosure to Investigative Bodies
  11. Electronic Network Monitoring Logs
  12. Employee Assistance
  13. Employee Performance Management Program
  14. Employee Personnel Record
  15. Employment Equity and Diversity
  16. Executive Correspondence
  17. Evaluation
  18. EX Talent Management
  19. Governor In Council Appointments
  20. Grievances
  21. Harassment
  22. Hospitality
  23. Human Resources Planning
  24. Identification Cards and Access Badges
  25. Internal Audit
  26. Internal Communications
  27. Library Services
  28. Lobbying Act Requirements
  29. Members of Boards, Committees and Councils
  30. Occupational Health and Safety
  31. Official Languages
  32. Outreach Activities
  33. Parking
  34. Pay and Benefits

Privacy Act of Government of Canada

Registration 1983-06-03 Regulations With Respect to Privacy P.C. 1983-1668 1983-06-02 His Excellency the Governor General in Council, on the recommendation of the Minister of Justice and the Treasury Board, pursuant to subsection 77(1) of the Privacy Act, is pleased hereby to make the annexed Regulations with respect to privacy. Short Title 1. These Regulations may be cited as the Privacy Regulations. Interpretation 2. In these Regulations, Access to Personal Information Request Form means the form prescribed by the designated Minister pursuant to paragraph 71(1)(c) of the Act for the purpose of requesting access to personal information under the control of a government institution; (formule de demande d’accès à des renseignements personnels) Act means the Privacy Act; (Loi) appropriate officer means the officer of the government institution whose title and address is published pursuant to subparagraphs 11(1)(a)(iii) and 11(1)(b)(ii) of the Act; (fonctionnaire compétent) Correction Request Form means the form prescribed by the designated Minister pursuant to paragraph 71(1)(c) of the Act for the purpose of requesting, under subsection 12(2) of the Act, a correction of personal information under the control of a government institution. (formule de demande de correction) Notation Request Form[Revoked, SOR/85-1092, s. 1] SOR/85-1092, s. 1. Government Institutions or Parts of Government Institutions 3. The government institutions or parts of government institutions for the purpose of paragraph (e) of the definition personal information in section 3 of the Act are those set out in Schedule I to these Regulations. Retention of Personal Information that Has Been Used by a Government Institution for an Administrative Purpose 4. (1) Personal information concerning an individual that has been used by a government institution for an administrative purpose shall be retained by the institution (a) for at least two years following the last time the personal information was used for an administrative purpose unless the individual consents to its disposal; and (b) where a request for access to the information has been received, until such time as the individual has had the opportunity to exercise all his rights under the Act. (2) Notwithstanding subsection (1) where personal information is under the control of a government institution at a post abroad, the head of the post or the senior officer in charge thereof may order the destruction of the information in an emergency in order to prevent the removal of the information from the control of the institution. (3) [Revoked, SOR/88-123, s. 1] SOR/85-1092, s. 2; SOR/88-123, s. 1. 5. The investigative bodies for the purposes of (a) paragraph 8(2)(e) of the Act are those listed in Schedule II; (b) paragraph 22(1)(a) of the Act are those listed in Schedule III; and (c) section 23 of the Act are those listed in Schedule IV. Personal Information Under the Control of the Archives 6. Personal information that has been transferred to the control of the Library and Archives of Canada by a government institution for archival or historical purposes may be disclosed to any person or body for research or statistical purposes where (a) the information is of such a nature that disclosure would not constitute an unwarranted invasion of the privacy of the individual to whom the information relates; (b) the disclosure is in accordance with paragraph 8(2)(j) or (k) of the Act; (c) 110 years have elapsed following the birth of the individual to whom the information relates; or (d) in cases where the information was obtained through the taking of a census or survey, 92 years have elapsed following the census or survey containing the information. R.S., 1985, c. 1 (3rd Supp.), s. 12; 2004, c. 11, subpar. 52(5) and (6). Retention for Two Years 7. The head of a government institution shall retain for a period of at least two years following the date on which a request for access to personal information is received by the institution under paragraph 8(2)(e) of the Act (a) a copy of every request received; and (b) a record of any information disclosed pursuant to such a request. Procedures 8. (1) A request for access to personal information under paragraph 12(1)(a) or (b) of the Act shall be made by completing an Access to Personal Information Request Form in respect of (a) each personal information bank that is the subject of the request, or (b) each class of personal information that is not contained in a personal information bank and forwarding the form to the appropriate officer. (2) An individual who makes a request for access to personal information pursuant to subsection (1) shall provide adequate identification to the government institution before access to the information is provided and may be required to present himself in person. 9. Where access to personal information is given to an individual by means of an opportunity to examine the information, the head of the institution shall (a) provide reasonable facilities for the examination; and (b) set a time for the examination that is convenient for the institution and the individual. SOR/85-1092, s. 3(E). 10. The rights or actions provided for under the Act and these Regulations may be exercised or performed (a) on behalf of a minor or an incompetent person by a person authorized by or pursuant to the law of Canada or a province to administer the affairs or estate of that person; (b) on behalf of a deceased person by a person authorized by or pursuant to the law of Canada or a province to administer the estate of that person, but only for the purpose of such administration; and (c) on behalf of any other individual by any person authorized in writing to do so by the individual. 11. (1) Where an individual who is given access under paragraph 12(1)(a) of the Act to personal information that has been used, is being used or is available for use for an administrative purpose believes there is an error or omission in the personal information, the individual may forward to the appropriate officer a Correction Request Form in respect of each personal information bank containing the information (a) requesting correction of the personal information; (b) requesting that any person or body to whom the personal information has been disclosed within the two years immediately preceding the date that the request for correction is received be notified of any correction made pursuant to paragraph (a); and (c) requesting that any government institution to which the personal information has been disclosed within the two years immediately preceding the date that the request for correction is received be notified of any correction made pursuant to paragraph (a) and to make the correction on every copy of the personal information under its control. (2) Where a correction to personal information is made pursuant to a request by an individual under paragraph (1)(a), the head of the government institution that has control of the personal information shall, within thirty days after the receipt by the appropriate officer of the Correction Request Form forwarded by the individual, (a) notify the individual that the correction has been made; (b) notify any person or body referred to in paragraph (1)(b) that the correction has been made; and (c) notify the appropriate officer of any government institution referred to in paragraph (1)(c) that the correction has been made and that the officer is required to make the correction on every copy of the personal information under the control of the institution. (3) Where the appropriate officer referred to in paragraph (2)(c) receives a notice referred to in that paragraph, the officer shall make the correction required by the notice. (4) Where a request by an individual under paragraph (1)(a) to correct personal information is refused in whole or in part, the head of the government institution that has control of the personal information shall, within thirty days after the receipt by the appropriate officer of the Correction Request Form forwarded by the individual, (a) attach a notation to the personal information reflecting that a correction was requested but was refused in whole or in part; (b) notify the individual that (i) the request for correction has been refused in whole or in part and set out the reasons for the refusal, (ii) the notation under paragraph (a) has been attached to the personal information, and (iii) the individual has the right under the Act to make a complaint to the Privacy Commissioner; (c) notify any person or body referred to in paragraph (1)(b) that the notation under paragraph (a) has been attached to the personal information; and (d) notify the appropriate officer of any government institution referred to in paragraph (1)(c) that the notation under paragraph (a) has been attached to the personal information and that the officer is required to attach such a notation to every copy of the personal information under the control of the institution. (5) Where the appropriate officer referred to in paragraph (4)(d) receives a notice referred to in that paragraph, the officer shall comply with that notice. Classes of Investigations 12. The classes of investigations for the purpose of paragraph 22(3)(c) of the Act are the classes of investigations set out in Schedule V. Disclosure of Information Relating to Physical or Mental Health 13. (1) Where an individual has requested personal information relating to the physical or mental health of the individual, the head of the government institution that has control of the information may authorize the disclosure of the information to a duly qualified medical practitioner or psychologist in order that the practitioner or psychologist may provide an opinion as to whether disclosure of the information would be contrary to the best interests of the individual. (2) Personal information disclosed to a duly qualified medical practitioner or psychologist under subsection (1) shall not be disclosed by the duly qualified medical practitioner or psychologist to any other person, except to a duly qualified medical practitioner or psychologist for the purposes of the opinion referred to in subsection (1), without the consent of the individual to whom the information relates. SOR/90-157, s. 1. 14. An individual who is given access to personal information relating to his physical or mental health may be required by the head of the government institution that has control of the information to examine the information in person and in the presence of a duly qualified medical practitioner or psychologist so that the practitioner or psychologist may explain or clarify the information to the individual. For more information on the following items, please see the respective links provided: - SCHEDULE I - Government Institutions or Parts of Government Institutions - SCHEDULE II - Investigative Bodies - SCHEDULE III - Investigative Bodies - SCHEDULE IV - Investigative Bodies - SCHEDULE V - Classes of Investigations

Other Helpful Resources for Privacy

Privacy Act Legislation and Regulations

This includes sections on the following: - Privacy Regulations - Designating the Minister of Justice and the President of the Treasury Board as Ministers for Purposes of Certain Sections of the Act - Privacy Act Heads of Government Institutions Designation Order - Privacy Act Extension Order No. 1 - Exempt Personal Information Bank Order, No. 5 (ND) - Privacy Act Extension Order, No. 2 - Exempt Personal Information Bank Order, No. 13 (RCMP) - Exempt Personal Information Bank Order, No. 14 (CSIS) - Exempt Personal Information Bank Order, No. 25 (RCMP)

Privacy Act Compliance Help

This includes sections on the following: - Privacy Impact Assessments - A Matter of Trust: Integrating Privacy and Public Safety in the 21st Century - Guidance on Deemed Denials under the Privacy Act - Electronic Disclosure of Personal Information in the Decisions of Administrative Tribunals - Guidelines for the Use of Video Surveillance of Public Places by Police and Law Enforcement Authorities - Personal Information Retention and Disposal: Principles and Best Practices - The Privacy Act and public interest disclosures - Privacy and Outsourcing for Federal Institutions - Tips for Federal Institutions Using Portable Storage Devices - What to expect during a complaint investigation under the Privacy Act

Other Disclaimers

Registration Disclaimer

The National DNCL Operator and the CRTC will have no liability to you with respect to any damages (of whatever form or nature) you may suffer as a result of having registered your number(s) on the National DNCL. The National DNCL Operator and the CRTC do not guarantee the management and administration of the National DNCL will be uninterrupted or error-free. Subject to any statutory warranties which cannot be excluded, the National DNCL Operator and the CRTC expressly disclaim any conditions or warranties (express, implied, statutory or otherwise) in such respect. Your privacy rights under the Personal Information Protection and Electronic Documents Act (PIPEDA) are not affected by this disclaimer.

About Registering and Who Can Still Call You

Every year, thousands of Canadians raise concerns about receiving unwanted telemarketing calls. The National Do Not Call List (DNCL) is designed to reduce the number of unsolicited telemarketing calls and faxes Canadians receive. When you sign up to have your cellular, home phone or fax number included on the National DNCL, companies making unsolicited marketing or sales calls can no longer contact you, with some exceptions.

How to sign up

You can sign up your home phone, cellular or fax number(s) on the National DNCL. Signing up is simple, quick and free. You can sign up online at www.LNNTE-DNCL.gc.ca or by calling the toll-free number 1-866-580-DNCL (1-866-580-3625). To sign up using a teletypewriter, dial 1-888-DNCL-TTY (1-888-362-5889). To sign up by telephone, you must call from the number you wish to register.

How long before registration takes effect?

After you sign up, your numbers will be added to the List within 24 hours. Telemarketers then have 31 days to update their own information and make sure they don’t call you in their next round of telemarketing. Don’t expect all calls to stop immediately. You could still receive calls within the first 31 days of signing up.

Is registration permanent?

Yes, once a number has been registered on the National DNCL it is permanent. You can also, at any time, have your number removed.

Can I put my business number on the National DNCL?

Although citizens are the primary focus of the National DNCL, there is nothing stopping you from registering your business telephone number to the National DNCL. However, complaints for calls made to a business number will not be accepted, since business-to-business calls are exempt from the National DNCL.

How do telemarketers know I'm on the National DNCL?

Telemarketers are required by law to subscribe to the National DNCL. Such companies register and pay fees to download updates from a secure website. It’s their responsibility to ensure numbers on the National DNCL are not called.

Who can still call?

Registering on the National DNCL will reduce but not eliminate all telemarketing calls and faxes. There are certain kinds of telemarketing calls and faxes that are exempt from the National DNCL, including those made by or on behalf of: a) registered charities b) newspapers looking for subscriptions c) political parties and their candidates Companies with whom you have an existing business relationship are also exempt. For example, if you have done business with a company in the previous 18 months, that company can call you. After 18 months it must stop calling if you’re on the National DNCL, unless you give permission otherwise. To learn more about exemptions, go to Who Can Still Call You on the National DNCL website. Telemarketers making exempt calls must maintain their own do not call lists. If you do not want to be called by these telemarketers, you can ask to be put on their do not call lists. They are obliged to do so within 14 days. You may wish to keep a record of the date of your request. For more information, see Part II of the Unsolicited Telecommunications Rules and the Telecommunications Act.

Market research, polls and surveys

You may continue to receive calls from organizations conducting market research, polls or surveys even though you are registered on the National DNCL. These calls are exempt from the national DNCL. They’re not considered to be telemarketing calls because they are not selling a product or service, or requesting donations. Similarly, debt collection calls are not considered telemarketing calls. As well, these organizations do not have to keep internal do not call lists.

Rules telemarketers must follow when they call

Among other things, telemarketers must: a) identify who they are as well as the purpose of the call and, upon request, provide you with a fax or telephone number where you can speak to someone about the telemarketing call b) display the telephone number that they’re calling from or that you can call to reach them, and c) only call or send faxes between 9:00 a.m. and 9:30 p.m. on weekdays and between 10:00 a.m. and 6:00 p.m. on weekends. Telemarketers must not use Automatic Dialing and Announcing Devices (devices that dial telephone numbers automatically and deliver a pre-recorded message). However, these devices can be used by police and fire departments, schools and hospitals, as well as for appointment reminders and thank you calls. For more information, see Part III and Part IV of the Unsolicited Telecommunications Rules.

How to make a complaint

Complaints about telemarketers can be made through the National DNCL website (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). Types of complaints can include receiving a call even though you have registered on the National DNCL, receiving a call outside of permitted calling hours, having a telemarketer refuse to put your name and number on their do not call list, or any other violation of the rules. If you get an unwanted call, don’t hang up. To make a complaint you need to provide the name of the organization that called you or the number where that organization can be reached, as well as the date of the call and your own number. Any other information you can obtain from the telemarketer will assist the CRTC to effectively investigate your complaint. By law, telemarketers must give you their name and number. The CRTC will investigate complaints and can penalize telemarketers found to be in violation of any of the CRTC's Unsolicited Telecommunications Rules. The CRTC can levy penalties of up to $1,500 for an individual and up to $15,000 for a corporation, for each violation.

Will I be protected from phone fraud if I sign up?

The National DNCL applies to all telemarketing organizations. It doesn’t necessarily prevent fraudulent telemarketing calls. That’s why it’s important to always be on your guard. If you receive a call and are worried it may be part of a fraud scheme, contact your local police or Canadian Anti-Fraud Centre (PhoneBusters) at 1-888-495-8501, a national anti-fraud service jointly operated by the RCMP, the Ontario Provincial Police, and the Competition Bureau.

National DNCL checklist

Remember: a) Signing up is simple and quick. b) It’s the telemarketer’s job by law to check and respect the National DNCL. c) Some kinds of calls are exempt—the National DNCL Rules don’t apply in every case. d) If you receive an exempt call, the telemarketer has to follow the CRTC’s Unsolicited Telecommunications Rules. e) You may ask to be put on a telemarketer’s own do not call list at any time — and any telemarketer found to be in violation of the law can receive financial penalties

Frequently Asked Questions

Top questions

If I make a complaint about a telemarketer, will the CRTC follow up with me?

The CRTC will investigate the complaint, and may contact you to get more information about your complaint if necessary. The CRTC will not contact you to let you know what happened with your complaint.

What happens to a US telemarketer who violates the Canadian National Do Not Call List rules?

Telemarketers from the US, and other countries, making calls to Canadian consumers must still follow the CRTC’s Unsolicited Telecommunications Rules, including the National DNCL Rules. If a Canadian organization hires a telemarketing agency outside of Canada, and there's a complaint against the organization, it will be investigated by the CRTC. If a telemarketer has violated the Rules, the CRTC may impose a penalty of up to $1500 per violation for individuals and up to $15,000 per violation for corporations. Remember that whenever you receive a telemarketing call, you can ask the caller to add your phone number to their internal do not call list.

I received a telemarketing call that I think was fraudulent. What do I do?

Even if your telephone number is on the National DNCL, you may still receive fraudulent telemarketing calls. That’s why it’s important to always be on your guard. If you receive a call that you think may be fraudulent, contact your local police or The Canadian Anti Fraud Center (1-888-495-8501), a national anti-fraud service jointly operated by the RCMP, the Ontario Provincial Police, and the Competition Bureau.

About the National Do Not Call List (DNCL)

What is the National Do Not Call List?

The National Do Not Call List (DNCL) is a list of telephone numbers of consumers who want to reduce the number of telemarketing calls they receive. Organizations that make telemarketing calls are not allowed to call phone numbers registered on the National DNCL.

Do I have to pay to add my phone number to the National DNCL?

No, registration is free.

If I register my telephone number on the National DNCL, will I still receive telemarketing calls?

When you register on the National DNCL, you will receive fewer telemarketing calls, but there are some exceptions including:
  • registered charities
  • political parties and candidates
  • opinion polling firms or market research firms conducting surveys
  • newspapers calling to sell a subscription
  • organizations that have a business relationship with you, for example:
    • you’ve done business with the organization in the last 18 months
    • you’ve inquired about the organization's products or services in the last 6 months
For more information on exemptions, check Who Can Still Call You.

What happens to telemarketers who call phone numbers on the National DNCL?

The CRTC investigates complaints and determines if the telemarketer violated the National DNCL Rules. If a telemarketer has violated the Rules, the CRTC may impose a penalty of up $1,500 per violation for individuals and up to $15,000 per violation for corporations.

I don’t mind receiving certain telemarketing calls. If I have registered my number on the National DNCL, can I still allow specific organizations to call me?

You can give an organization express consent to call you, even if your telephone number is on the National DNCL. You can give your consent verbally, on a paper or electronic form, or online.

Are there other ways I can reduce the number of telemarketing calls I receive?

Whether or not you're registered on the National DNCL, you can reduce the number of telemarketing calls by adding your number to individual telemarketers’ do not call lists. All telemarketers, even if they only make exempted calls, must keep their own internal do not call lists. When you receive a call, you can ask to have your number added to their do not call list, or you can contact the organization directly to have your number placed on their list. The organization must keep your number on their do not call list for 3 years and 14 days. Keep in mind that calls made by market research or polling firms are not considered telemarketing calls because they aren’t selling, leasing or renting products or services. Similarly, debt collection calls are not considered telemarketing calls. As well, these organizations do not have to keep internal do not call lists.

What rules must telemarketers follow when they call?

The CRTC has rules for telemarketing calls. For example, at the beginning of a call, the telemarketer must identify on whose behalf the call is being made. Telemarketers may only call you within specific calling hours. There are also rules limiting the use of Automated Dialing-Announcing Devices (ADADs). The full set of Rules can be found on the Telemarketing information page in the Consumers section of the CRTC website. You can also read a condensed version of the Rules in the National Do Not Call List and Telemarketing Rules.

Who manages the National DNCL?

Bell Canada was contracted by the CRTC to act as the National DNCL Operator. The Rules are enforced by the CRTC.

What about privacy issues?

Please see the Privacy Statement for more information. If you have further questions, please contact the National DNCL Privacy Officer or the CRTC Access and Privacy Officer.

Registering on the National DNCL

What phone numbers can I register on the National DNCL?

You can register any or all of your Canadian telephone numbers on the National DNCL. The number can be associated with a home phone (i.e., wireline) service, cell phone or wireless (i.e., mobile or satellite) service, VoIP service, or a fax machine.

How do I add my phone number to the list?

You can register online or by phone. Online: Go to Register My Number and follow the instructions. The "Registration Results" page confirms that your phone number has been added to the National DNCL. By phone, you must call from the phone number you want to register: Call 1-866-580-DNCL (1-866-580-3625); or Call 1-888-DNCL-TTY (1-888-362-5889) only if you are calling from a TTY device. You’ll hear a message confirming that your phone number has been added to the National DNCL.

How do I register my fax number?

You can register your fax number on the National Do Not Call List online or by fax. Online:
  • Go to Register My Number and follow the instructions
The "Registration Results" page confirms that your phone number has been added to the National DNCL. By fax, you must send the fax from the fax machine you want to register:
  • Send a fax to 1-888-DNCL-Fax (888-362-5329)
  • Include the number you want to register (the number you’re faxing from) and the instruction: Please Register
You’ll receive a confirmation fax. If you don’t receive a confirmation fax, your number hasn’t been added to the National DNCL. Try registering again. Your fax number will be added to the list within 1 business day.

When will I notice a reduction in telemarketing calls?

When you register, your phone number is added to the National DNCL within 24 hours. Telemarketers have 31 days to update their own lists, and you may receive calls within those first 31 days.

Is my registration permanent?

Once you register your number, it stays on the National DNCL indefinitely, and there is no need to re-register. If you are changing your residential, wireless, fax or VoIP number (for example, if you are moving), we ask that you remove your number from the list by calling the National DNCL Service Line at: Call toll-free 1-866-580-DNCL (1-866-580-3625) or Call toll-free 1-888-DNCL-TTY (1-888-362-5889) only if you are calling from a TTY device Remember that if you want to, you can register your new number(s) with the National DNCL.

How can I make sure my number is registered?

You can verify your registration online or by phone. Online: Go to the National DNCL Web site By phone: Call toll-free 1-866-580-DNCL (1-866-580-3625) or Call toll-free 1-888-DNCL-TTY (1-888-362-5889) only if you are calling from a TTY device Once you register your number, it does not expire, and will stay on the list indefinitely unless you remove it.

Can I remove my telephone number from the National DNCL?

Yes. If you are changing your residential, wireless, fax or VoIP number (for example, if you are moving), or if you wish to remove your number from the National DNCL for any other reason, you may do so by contacting the National DNCL Service Line from the number you wish to remove at: 1-866-580-DNCL (1-866-580-3625). If you are calling from a TTY device, call: 1-888-DNCL-TTY (1-888-362-5889). Your number will be removed within 24 hours.

Can I register telephone numbers for other people?

You can register telephone numbers belonging to others only if they have given you the authority to register for them.

Can I register my business telephone number?

No. The National DNCL is only for personal telephone numbers.

If I register my telephone number, how will my information be used and who will have access to it?

Your telephone number will be stored on the National DNCL. Telemarketers must access the National DNCL within 31 days of making telemarketing calls and remove registered numbers from their call lists. Your telephone number will be accessible to the National DNCL Operator and telemarketers. If you make a complaint about a telemarketer, your number may also be used by the CRTC (or a third party authorized by the CRTC) to investigate your complaint.

My phone number and/or area code has changed. What do I do?

There are different ways in which your phone number may have changed. Check to see if one of these situations applies. I have a new phone number because I moved: You’ll need to register your new telephone number. If the number was registered by a previous owner, the registration may still be in effect. You can remove your old number from the National DNCL, but you don’t have to. My area code has changed because a new area code was introduced in my region: Your registration remains in effect. The system automatically updates your area code.

When I tried to register by phone, I got a message that my number could not be verified. Why not?

A small percentage of Canadian telephone numbers do not have calling line identification capability which is used by the National DNCL system. In this case, you may:
  • Call the National DNCL Operator during business hours (8:30 am - 4:30 pm) to speak to a representative or
  • Register your phone number online using the National DNCL Web site.

Making a complaint

How do I make a complaint about a telemarketing call?

If your number is on the National DNCL, and you still receive telemarketing calls more than 31 days after you registered, you can file a complaint. You can also make a complaint if you have received a telemarketing call that breaks any of the Telemarketing Rules, such as calls made to you outside of allowable calling hours, or calls made using an Automated Dialing-Announcing Device (ADAD). The full set of Rules can be found on the Telemarketing information page in the Consumers section of the CRTC website. You can also read a condensed version of the Rules in the National Do Not Call List and Telemarketing Rules. You can make a complaint online or by phone. Online: Go to the National DNCL Web site By phone: Call toll-free 1-866-580-DNCL (1-866-580-3625) or Call 1-888-DNCL-TTY (1-888-362-5889) only if you are calling from a TTY device. When filing a complaint, you must provide the following information:
  • name and/or number of the telemarketer
  • date of the telemarketing call
  • nature of the complaint
  • contact information, such as name, address, and telephone number

How do I make a complaint about a telemarketing fax?

Keep a copy of the fax. You can file your complaint online or by phone. After completing this process, you will receive a Fax ID number. Clearly print this Fax ID number on the fax you received, then send this fax (with the FAX ID number printed on it) to 1-888-DNCL-Fax (888-362-5329). You’ll receive a fax confirmation that your original fax was successfully received. If you do not receive this confirmation, it means that the National DNCL Operator did not receive your fax. Please try again, making sure that the Fax ID number is clearly printed on the page you are faxing.

What happens to my complaint?

The CRTC will investigate your complaint to determine whether a rule was broken. They may contact you for further information relating to your complaint. If a telemarketing company has broken the National DNCL Rules or the Telemarketing Rules, the CRTC may impose a penalty of up $1,500 per violation for individuals and up to $15,000 per violation for corporations. For more information, see How the CRTC handles telemarketing complaints.

I want to make a complaint about a telemarketing call, but I didn’t get the telemarketer's name or telephone number.

In order to investigate your complaint, you must provide either the telemarketer's name or the telemarketer’s phone number, as well as the date of the call. You may be able to see the telemarketer’s number and name from your telephone’s call display if you subscribe to that calling feature. You may also be able to hear the number of your last caller by dialing *69 (you can subscribe to this Call Return feature or pay a fee per use). If the telemarketer calls again, you can ask for their number and name.

What else can I do when I have a complaint about a telemarketer?

You can contact the telemarketer directly and have your phone number added to their internal do not call list.

I have a complaint about privacy and the use of my personal information.

If you feel that an organization’s handling of your personal information breaks applicable privacy laws, contact that organization directly. You can also contact the Privacy Commissioner of Canada or your provincial privacy commissioner if you have questions. Examples of privacy laws are the federal Privacy Act or the Personal Information Protection and Electronic Documents Act (PIPEDA).

I received a call from someone offering to put my telephone number on the National DNCL for a fee. Should I let them?

No. The National DNCL is a free service to all Canadians, and only you can register your phone number. The phone call you received may have been fraudulent. Contact The Canadian Anti Fraud Center (1-888-495-8501) to let them know about the call.

How do I withdraw my complaint?

You may withdraw your complaint at any time by contacting the CRTC. The withdrawal of consent for a filed complaint may not result in abandonment of the complaint's investigation. The CRTC can be contacted at: Toll-free: 1-877-249-2782 Local number: 819-997-0313 Toll-free TTY device: 1-877-909-2782 Effective November 29, 2009 all new telemarketers, clients of telemarketers, or third party organizations are subject to an identification validation process, prior to completing the registration process. The identification validation process is performed in conjunction with Dun & Bradstreet® (D&B®). Registration information you provide the National DNCL operator is transmitted to D&B® and compared with information in the D&B® database. If a match between the registration information provided to the National DNCL operator and D&B® is found, the registration process continues. If no match is found, contact information for D&B® will be provided in order to establish a record. This record is called a D&B D-U-N-S® Number. Once a D&B D-U-N-S® Number is established, please return to the National DNCL website and re-start the registration process. A telemarketer re-registering to the National DNCL will not be subject to the Dun & Bradstreet® validation process.

Appendix A – Legislated Rules

National DNCL Rules

Part I: Definitions

1.In these Rules,

"Abandoned Call" means a telecommunication placed by a predictive dialing device to a consumer which, when answered by the consumer, has no live telemarketer available to speak to the consumer within two seconds; "Abandonment Rate" means the percentage of telecommunications placed by a predictive dialing device which are abandoned calls; "Affiliate" One entity is affiliated with another entity if one of them is controlled by the other or if both are controlled by the same person; "Automatic Dialing-Announcing Device" or "ADAD" means any automatic equipment incorporating the capability of storing or producing telecommunications numbers used alone or in conjunction with other equipment to convey a pre-recorded or synthesized voice message to a telecommunications number; "Automatic Dialing-Announcing Device Rules" means the Rules set out in Part IV; "Client of a telemarketer" means a person that has engaged a telemarketer to conduct telemarketing on its behalf; "Complaints Investigator delegate" means the person to whom the Commission has delegated its powers to conduct investigations to determine whether there has been a contravention of the Unsolicited Telecommunications Rules; (Telecom Decision CRTC 2008-6) "Control" shall have the same meaning as set out in subsection 2(1) of the Telecommunications Act; "National Do Not Call List" or "National DNCL" means the National Do Not Call List established pursuant to the Telecommunications Act; "National Do Not Call List operator" or "National DNCL operator" means the person to whom the Commission has delegated its powers under subsection 41.2(a) of the Telecommunications Act to administer databases or information, administrative or operational systems; (Telecom Decision CRTC 2008-6) "National Do Not Call List Rules" means the Rules set out in Part II; "Newspaper of General Circulation" means a printed publication in sheet form that is intended for general circulation, published regularly at intervals of not longer than seven days, consisting in great part of news of current events of general and local interest, and sold to the public and to subscribers; "Person" shall have the same meaning as set out in subsection 2(1) of the Telecommunications Act; "Predictive Dialing Device" or "PDD" means any software, system, or device that automatically initiates outgoing telecommunications from a pre-determined list of telecommunications numbers; "Solicitation" means the selling or promoting of a product or service, or the soliciting of money or money's worth, whether directly or indirectly and whether on behalf of another person. This includes solicitation of donations by or on behalf of charitable organizations; "Telemarketing Rules" means the Rules set out in Part III; "Telecommunications Act" means the Telecommunications Act, S.C. 1993, c.38, as amended; "Telemarketer" means a person that conducts telemarketing either on its own behalf or on behalf of one or more other persons; "Telemarketing" means the use of telecommunications facilities to make unsolicited telecommunications for the purpose of solicitation; "Unsolicited Telecommunications Rules" means all the Rules set out in this document; "Voice mail broadcast" means a telecommunication whereby a recorded message is delivered directly into a person's voice mailbox without interrupting that person's activities in real time.

Part II: National DNCL Rules

  1. For purposes of section 3, the terms "candidate," "existing business relationship," "leadership contestant," and "nomination contestant" shall have the same meaning as set out in subsection 41.7(2)1 of the Telecommunications Act. (Telecom Regulatory Policy 2009-200)
  2. The National DNCL Rules do not apply to a telemarketing telecommunication made to a business consumer.
  3. As provided for in section 41.7 of the Telecommunications Act, the National DNCL Rules do not apply in respect of a telecommunication
    1. made by or on behalf of a registered charity within the meaning of subsection 248 (1) of the Income Tax Act;
    2. made to a person
      1. with whom the person making the telecommunication, or the person or organization on whose behalf the telecommunication is made, has an existing business relationship, and
      2. who has not made a do not call request in respect of the person or organization on whose behalf the telecommunication is made;
    3. made by or on behalf of a political party that is a registered party as defined in subsection 2(1) of the Canada Elections Act or that is registered under provincial law for the purposes of a provincial or municipal election;
    4. made by or on behalf of a nomination contestant, leadership contestant or candidate of a political party described in paragraph (c) or by or on behalf of the official campaign of such contestant or candidate;
    5. made by or on behalf of an association of members of a political party described in paragraph (c) for an electoral district;
    6. made for the sole purpose of collecting information for a survey of members of the public; or
    7. made for the sole purpose of soliciting a subscription for a newspaper of general circulation.
    3.1 In addition to the exemption set out in section 3(d), the National DNCL Rules do not apply to a telemarketing telecommunication made by or on behalf of a candidate as defined in subsection 2(1) of the Canada Elections Act or a candidate under provincial law for the purposes of a provincial or municipal election, or by or on behalf of the official campaign of such a candidate. (Telecom Regulatory Policy 2009-200)
  4. A telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication to a consumer's telecommunications number that is on the National DNCL, unless express consent has been provided by such consumer to be contacted via a telemarketing telecommunication by that telemarketer or the client of that telemarketer.
  5. For the purposes of section 4, express consent shall clearly evidence the consumer's authorization that a telemarketing telecommunication made by or on behalf of a specific person may be placed to that consumer and shall include the telecommunications number to which the telemarketing telecommunication may be placed.
  6. A telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it is a registered subscriber of the National DNCL and has paid all applicable fees to the National DNCL operator.
  7. A telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client is a registered subscriber of the National DNCL and the applicable fees to the National DNCL operator associated with that client's subscription have been paid.
  8. A telemarketer shall keep the following records related to its use of the National DNCL for a period of three (3) years from the date the records are created:
    1. when initiating a telemarketing telecommunication on its own behalf, proof of its subscription to the National DNCL and proof of payment of fees to the National DNCL operator; and
    2. when initiating a telemarketing telecommunication on behalf of clients, proof of subscription to the National DNCL and proof of payment of fees to the National DNCL operator for each client.
  9. A telemarketer, a client of a telemarketer, and any other subscriber of the National DNCL shall not use the National DNCL for any purpose except compliance with the provisions of the Telecommunications Act, the National DNCL Rules, or any other determinations made pursuant to section 41 of the Telecommunications Act.
  10. Subject to section 11, a telemarketer, a client of a telemarketer, and any other subscriber of the National DNCL shall not sell, rent, lease, publish or otherwise disclose, whether, for consideration or not, the National DNCL or any portion thereof to any person outside of its organization, including any affiliate.
  11. A person referred to in section 10 may provide the National DNCL or any portion thereof to another person involved in supplying that person with services to enable it to comply with the Telecommunications Act, the National DNCL Rules, or any other determination made pursuant to section 41 of the Telecommunications Act, provided that
    1. the National DNCL or any portion thereof is required for that purpose;
    2. the National DNCL or any portion thereof is to be used only for that purpose; and
    3. Disclosure is made on a confidential basis.
  12. A telemarketer, a client of a telemarketer, and any other subscriber of the National DNCL shall make all reasonable efforts to ensure that the National DNCL or any portion thereof is not disclosed by any person to which it was provided pursuant to section 11 and is not used by that person for any purpose other than that referred to in section 11.
  13. A telemarketer and a client of a telemarketer shall use a version of the National DNCL obtained from the National DNCL operator no more than thirty-one (31) days prior to the date that any telemarketing telecommunication is made.

Part III: Telemarketing Rules

1.The Telemarketing Rules apply whether or not the telemarketing telecommunication is exempt from the National DNCL Rules (Telecom Decision CRTC 2008-6) 2.A telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it has registered with, and provided information to, the National DNCL operator, and has paid all applicable fees charged by the Complaints Investigator delegate. (Telecom Decision CRTC 2008-6) 3.A telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client has registered with, and provided information to, the National DNCL operator, and all applicable fees charged by the Complaints Investigator delegate associated with that client have been paid. (Telecom Decision CRTC 2008-6) 4.The Telemarketing Rules do not apply to a telemarketing telecommunication made via voice mail broadcast. 5.A telemarketer shall keep the following records related to registration and provision of information to the National DNCL operator for a period of three (3) years from the date the records are created: a) when initiating a telemarketing telecommunication on its own behalf, proof of its registration with the National DNCL operator and proof of payment of fees to the Complaints Investigator delegate; and, b) when initiating a telemarketing telecommunication on behalf of clients, proof of registration with the National DNCL operator and proof of payment of fees to the Complaints Investigator delegate for each client. (Telecom Decision CRTC 2008-6) 6.The Telemarketing Rules do not apply in respect of an unsolicited telecommunication made for purposes other than solicitation, including telecommunications made solely for the purpose of emergencies, account collection, collecting information for a survey of members of the public, and market research. 7.A reseller of Centrex service shall make all reasonable efforts to ensure that subscribers and end-users of Centrex service do not employ the Centrex call transfer feature to transmit telemarketing telecommunications. 8.A telemarketer initiating a telemarketing telecommunication on its own behalf shall maintain its own do not call list and shall keep a consumer's name and telecommunications number on the list for a period of three (3) years and fourteen (14) days from the date of the consumer's do not call request. (Compliance and Enforcement Regulatory Policy 2014-155) 9.A client of a telemarketer shall maintain its own do not call list and shall keep a consumer's name and telecommunications number on the list for a period of three (3) years and fourteen (14) days from the date of the consumer's do not call request. (Compliance and Enforcement Regulatory Policy 2014-155) 10.A telemarketer initiating a voice telemarketing telecommunication shall process a do not call request from a consumer at the time of the telemarketing telecommunication. 11.A telemarketer initiating a telemarketing telecommunication on its own behalf shall add a consumer's name and telecommunications number to its do not call list within fourteen (14) days of the consumer's do not call request. (Compliance and Enforcement Regulatory Policy 2014-155) 12.A telemarketer initiating a telemarketing telecommunication on behalf of a client shall make all reasonable efforts to ensure that the client adds a consumer's name and telecommunications number to the client's do not call list within fourteen (14) days of the consumer's do not call request. (Compliance and Enforcement Regulatory Policy 2014-155) 13.A client of a telemarketer shall add a consumer's name and telecommunications number to the client's do not call list within fourteen (14) days of the consumer's do not call request. (Compliance and Enforcement Regulatory Policy 2014-155) 14.A telemarketer shall not initiate a telemarketing telecommunication on its own behalf to a consumer who is or should be on its do not call list. 15.A telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication on behalf of the client to a consumer who is or should be on the client's do not call list. 16.A telemarketer initiating a voice telemarketing telecommunication shall provide the following information in a clear manner upon reaching the intended party: a) the name or fictitious name of the individual making the telecommunication; b) the name of the telemarketer, whether the telemarketing telecommunication is made on its own behalf or on behalf of a client of the telemarketer; and c) the name of the client, when the telemarketing telecommunication is being made on behalf of a client of the telemarketer. 17.A telemarketer initiating a voice telemarketing telecommunication shall provide the following information in a clear manner upon request: a) a voice telecommunications number that allows access to an employee or other representative of the telemarketer for the purpose of asking questions, making comments about the telemarketing telecommunication, or making or verifying a do not call request; and b) the name and electronic mail address or postal mailing address of an employee or other representative of the telemarketer to whom the consumer can write for the purpose of asking questions, making comments about the telemarketing telecommunication, or making or verifying a do not call request. (Compliance and Enforcement Regulatory Policy 2014-155) 18.The information referred to in section 17 shall be provided for both the telemarketer and, where applicable, the client of the telemarketer, whether or not the consumer has requested that both be provided. 19.A telemarketer sending a fax telemarketing telecommunication shall clearly provide the following information at the top of the first page in font size 12 or larger: a) the name of the telemarketer sending the fax, whether the telemarketing telecommunication is made on its own behalf or on behalf of a client of the telemarketer; b) the name of the client when the telemarketing telecommunication is being made on behalf of a client of the telemarketer; c) the originating date and time of the fax; d) a voice and a fax telecommunications number that allows access to an employee or other representative of the telemarketer and, where applicable, the client of the telemarketer, for the purpose of asking questions, making comments about the telemarketing telecommunication, or making or verifying a do not call request; and e) the name and electronic mail address or postal mailing address of an employee or other representative of the telemarketer and, where applicable, the client of the telemarketer, to whom the consumer can write for the purpose of asking questions, making comments about the fax, or making or verifying a do not call request. (Compliance and Enforcement Regulatory Policy 2014-155) 20.The telecommunications numbers to be provided pursuant to sections 17, 18, and 19 a) shall be local or toll-free; and b) in the case of a voice telecommunications number, shall be answered either by a live operator or with a voice mail system that is always capable of taking messages from the consumer. 21.The voice mail system referred to in section 20 shall provide a message informing the consumer that his or her call will be returned within three (3) business days. 22.The telemarketer or, where applicable, the client of the telemarketer shall return the consumer's call referred to in section 21 within three (3) business days. 23.Subject to section 24, a telemarketing telecommunication is restricted to the following hours: 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday); and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday). The hours refer to those of the consumer receiving the telemarketing telecommunication. 24.A telemarketing telecommunication is restricted to the hours set out in or pursuant to provincial legislation that governs an activity where the hours set out in the provincial legislation are more restrictive that those set out in section 23, provided that the telecommunication is made for the purpose of that activity. The hours refer to those of the consumer receiving the telecommunication. 25.A telemarketer initiating a telemarketing telecommunication shall display the originating telecommunications number or an alternate telecommunications number where the telemarketer can be reached (except where the number display is unavailable for technical reasons). 26.Sequential dialing for the purpose of initiating a telemarketing telecommunication is prohibited. 27.Random dialing for the purpose of initiating a telemarketing telecommunication, including to a non-published or a non-listed telecommunications number, is permitted except to telecommunications numbers that a) are registered on the National DNCL; b) are emergency lines; c) are associated with healthcare facilities; d) in the case where a telemarketer initiates a telemarketing telecommunication on its own behalf, are on the telemarketer's do not call list; and e) in the case where the telemarketer initiates a telemarketing telecommunication on behalf of a client of the telemarketer, are on the client's list. 28.A telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication to any emergency line or healthcare facility. 29.A telemarketer using a predictive dialing device to initiate telemarketing telecommunications shall not exceed, in any calendar month, a five (5) percent abandonment rate. 30.A telemarketer and a client of a telemarketer shall maintain records, on a calendar month basis, with respect to the actual telemarketing telecommunication abandonment rates for a period of three (3) years from the date each monthly record is created. 31.A telemarketer who initiates a telemarketing telecommunication and a client of a telemarketer – if different – shall ensure that the electronic mail addresses, postal mailing addresses and local or toll-free telecommunications numbers referred to in sections 17, 19, 20, 21, and 25 are valid for a minimum of sixty (60) days after the telecommunication has been initiated. (Compliance and Enforcement Regulatory Policy 2014-155)

Part IV: Automatic Dialing-Announcing Device (ADAD) Rules

1.The ADAD Rules apply whether or not the telemarketing telecommunication is exempt from the National DNCL Rules. (Telecom Decision CRTC 2008-6) 2.A telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication via an ADAD unless express consent has been provided by the consumer to receive a telemarketing telecommunication via an ADAD from that telemarketer or the client of that telemarketer. For greater certainty and without limiting the generality of the foregoing, this prohibition includes telemarketing telecommunications via an ADAD that are initiated by or on behalf of a charity, for the purpose of requesting a consumer to hold until a telemarketer is available, for activities such as radio station promotions, or for referring consumers to 900 or 976 service numbers. 3.For the purposes of section 2, express consent shall clearly evidence the consumer's authorization that a telemarketing telecommunication via an ADAD made by or on behalf of a specific person may be placed to that consumer and shall include the specific telecommunications number to which the telemarketing telecommunication may be made. 4.A person using an ADAD to make unsolicited telecommunications where there is no attempt to solicit, shall comply with the following conditions: a) such telecommunications shall not be made to emergency lines and healthcare facilities, whether such telecommunications are made by random dialing or otherwise; b) subject to paragraph (c), such telecommunications are restricted to 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday) and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday); the hours refer to those of the person receiving the telecommunication; c) such telecommunications are restricted to the hours set out in or pursuant to provincial legislation that governs an activity, provided that the telecommunication is made for the purpose of that activity. The hours refer to those of the person receiving the telecommunication; (Telecom Regulatory Policy 2009-200) d) such telecommunications shall begin with a clear message identifying the person on whose behalf the telecommunication is made and a brief description of the purpose of the telecommunication. This identification message shall include an electronic mail address or postal mailing address and a local or toll-free telecommunications number at which a representative of the originator of the message can be reached. In the event that the actual message relayed exceeds sixty (60) seconds, the identification message shall be repeated at the end of the telecommunication (Compliance and Enforcement Regulatory Policy 2014-155) e) such telecommunications shall display the originating telecommunications number or an alternate telecommunications number where the telecommunication originator can be reached (except where the number display is unavailable for technical reasons); f) sequential dialing is prohibited; g) random dialing can be used to make such telecommunications, including telecommunications to non-published telecommunications numbers, except to emergency lines and healthcare facilities; h) persons initiating such telecommunications shall make all reasonable efforts to ensure that their equipment disconnects within ten (10) seconds of the person receiving the telecommunication hanging up; i) the conditions in paragraphs (a) through (h) do not apply to unsolicited telecommunications made via an ADAD for public service reasons, including telecommunications made for emergency and administration purposes by police and fire departments, schools, hospitals, or similar organizations; and j) the person making the telecommunication and the person – if different – on whose behalf the telecommunication is made shall ensure that the electronic mail address, postal mailing address, and local or toll-free telecommunications number referred to in paragraphs (d) and (e) are valid for a minimum of sixty (60) days after the telecommunication has been made. (Compliance and Enforcement Regulatory Policy 2014-155)

Part V: Express Consent

1.For the purposes of the requirements set out in Part II, sections 4 and 5, and Part IV, sections 2 and 3, accepted forms of express consent are a) written consent, including a completed application form signed by the consumer giving consent to be contacted by way of telecommunications; b) oral consent, including (i) oral consent verified by an independent third party; (ii) oral consent, where an audio recording of the consent is retained by the telemarketer or client of the telemarketer; c) electronic consent through the use of a toll-free number; d) electronic consent via the Internet; or e) consent through other methods as long as a documented record of consumer consent is created by the consumer or by an independent third party. 2.The onus is on the telemarketer and, where applicable, the client of the telemarketer to demonstrate that valid express consent was given by the consumer. 3.A consumer may withdraw his or her express consent at any time.

Part VI: Record Keeping

1.With regard to any records that are required to be kept pursuant to the Unsolicited Telecommunications Rules and any other records kept with regard to unsolicited telecommunications activities that are subject to the Unsolicited Telecommunications Rules: a) a telemarketer and a client of a telemarketer may keep the records in any form, and shall do so in the same manner and format as they keep records in the ordinary course of business; b) such records shall be maintained in the regular place of business in a manner such that they are readily accessible in order to facilitate the activities authorized under section 72.06 of the Telecommunications Act; c) such records shall be provided to the Commission within thirty (30) days of a request from the Commission; and d) in the event of any termination of the business of a telemarketer or a client of a telemarketer, a principal of that person shall maintain the records and shall comply with paragraphs (a), (b), and (c). In the event of any sale, assignment, or other change in ownership of the business of a telemarketer or a client of a telemarketer, the successor business shall maintain the records and shall comply with paragraphs (a), (b), and (c).

Part VII: Liability

1.A person will not be held liable for violating the Unsolicited Telecommunications Rules if a) the person demonstrates, as part of its due diligence defence, that the telecommunication resulted from an error and that as part of its routine business practices: (i) the person has established and implemented adequate written policies and procedures to comply with the Unsolicited Telecommunications Rules and to honour consumers' requests that they not be contacted by way of a telemarketing telecommunication; (ii) the person provides adequate ongoing training to employees and makes all reasonable efforts to ensure that adequate ongoing training is provided to any person assisting in its compliance with the Unsolicited Telecommunications Rules and any written policies and procedures established under paragraph (i); (iii) the person uses the National DNCL obtained from the National DNCL operator no more than thirty-one (31) days prior to the date any telemarketing telecommunication is made; (iv) the person uses the telemarketer's or, where applicable, the client of the telemarketer's do not call list that was updated no more than thirty-one (31) days prior to the date any telemarketing telecommunication is made; (v) the person uses and maintains records documenting a process to prevent the initiation of a telemarketing telecommunication to any telecommunications number that has been registered for more than thirty-one (31) days on the National DNCL, the telemarketer's do not call list or, where applicable, the client of the telemarketer's do not call list; (vi) the person monitors and enforces compliance with the Unsolicited Telecommunications Rules and its written policies and procedures, referred to in paragraph (i); and (vii) in the case of a person that has retained a telemarketer to engage in telemarketing on its behalf, the person has entered into an agreement between itself and the telemarketer requiring that the latter comply with the Unsolicited Telecommunications Rules. b) In the case when a telemarketing telecommunication is made to a consumer's telecommunications number registered on the National DNCL, the person demonstrates that at the time of the telecommunication: (i) the consumer had an existing business relationship, within the meaning of subsection 41.7(2) of the Telecommunications Act, with the telemarketer or, as applicable, the client of the telemarketer; (ii) the telemarketing telecommunication qualified under one of the other exemptions specified in subsection 41.7(1) of the Telecommunications Act; (iii) the consumer was a business; (iv) the person had a personal relationship with the recipient consumer of the telemarketing telecommunication; or (v) there was valid prior express consent from the consumer to be contacted via a telemarketing telecommunication by the telemarketer or, as applicable, the client of the telemarketer. c) The circumstances described in paragraphs (a) and (b) are not exhaustive. Subsection 41.7(2) of the Telecommunications Act provides: (2) The following definitions apply in subsection (1). "candidate" means a candidate as defined in subsection 2(1) of the Canada Elections Act or a candidate whose nomination has been confirmed, for the purposes of a provincial or municipal election, by a political party that is registered under provincial law. "existing business relationship" means a business relationship that has been formed by a voluntary two-way communication between the person making the telecommunication and the person to whom the telecommunication is made, arising from a) the purchase of services or the purchase, lease or rental of products, within the eighteen-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made from the person or organization on whose behalf the telecommunication is made; b) an inquiry or application, within the six-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made; or c) any other written contract between the person to whom the telecommunication is made and the person or organization on whose behalf the telecommunication is made that is currently in existence or that expired within the eighteen-month period immediately preceding the date of the telecommunication. "leadership contestant" means a leadership contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for the leadership of a political party that is registered under provincial law. "nomination contestant" means a nomination contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for nomination by a political party that is registered under provincial law as its candidate in a provincial or municipal election.

Compliance and Enforcement Regulatory Policy CRTC 2015-155

Review of the Unsolicited Telecommunications Rules

File numbers: 8665-C12-201304485 and 8662-C131-201115832 The Commission denies the Canadian Marketing Association’s application requesting that the use of an automatic dialing-announcing device (ADAD) be permitted for telemarketing when there is an existing business relationship between the telemarketer or client of the telemarketer and the called party. In addition, the Commission reviews and modifies its framework for unsolicited telemarketing calls and other unsolicited telecommunications received by consumers. This framework includes rules for the National Do Not Call List (DNCL) as well as rules regarding telemarketing and ADADs (collectively, the Unsolicited Telecommunications Rules [UTRs]). In order to facilitate better communication between consumers and telemarketers, this decision modifies several sections of the rules which called for the provision of a postal mailing address, and gives telemarketers the option of substituting an electronic mailing address instead, provided that address can receive and process do not call requests from consumers. Telemarketers and other parties subject to the UTRs will also now be required to ensure that any contact information provided to consumers as a requirement under these rules remains valid for a minimum of 60 days. In addition, the UTRs have been modified to reduce the grace period within which telemarketers must process requests from consumers to be placed on an organization’s internal do not call list from 31 days to 14, in order to further reduce the volume of unwanted telemarketing telecommunications received. The change to the grace period for internal do not call requests will take effect on 30 June 2014, and will apply to all requests made on that day forward. The remaining modifications to the UTRs take effect immediately. Introduction 1. The Commission regulates unsolicited telecommunications pursuant to sections 41 to 41.7 and 72.01 to 72.15 of the Telecommunications Act (the Act). Section 41 of the Act specifies that The Commission may, by order, prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications to the extent that the Commission considers it necessary to prevent undue inconvenience or nuisance, giving due regard to freedom of expression. 2. The Commission, in Telecom Decision 2007-48, established the Unsolicited Telecommunications Rules (UTRs), which is a comprehensive framework for the regulation of unsolicited telecommunications. The UTRs include the National Do Not Call List (DNCL) Rules, the Telemarketing Rules, and the Automatic Dialing-Announcing Device (ADAD) Rules. The UTRs and the National DNCL came into operation on 30 September 2008. 3. The National DNCL Rules and the Telemarketing Rules apply only to "telemarketing," or the use of telecommunications facilities to make unsolicited telecommunications for the purpose of solicitation. Part I of the UTRs defines "solicitation" as the selling or promoting of a product or service, or the soliciting of money or money’s worth, whether directly or indirectly and whether on behalf of another party. The ADAD Rules are broader in scope as they include restrictions even in circumstances where there is no attempt to solicit. 4. The Commission received an application from the Canadian Marketing Association (CMA), dated 6 December 2011, in which the CMA proposed changes to the ADAD Rules. By letter dated 23 December 2011, the proceeding initiated by CMA’s application was suspended pending consideration of whether the matters raised by the application should be reviewed in a broader context. 5. In Compliance and Enforcement Notice of Consultation 2013-140, the Commission initiated a proceeding to review (i) a number of areas relating to the UTRs that it considered would benefit from public consultation, and (ii) the matters raised in the CMA’s application. The Commission noted that since the implementation of the UTRs, there had been a steady increase in the number of consumer telecommunications numbers registered on the National DNCL and a significant volume of consumer complaints received about telemarketing calls, indicating significant public interest in the program. The Commission noted that with the benefit of several years’ experience in the administration and enforcement of the UTRs, it had been able to identify a number of areas that would benefit from further review and public consultation, beyond the scope of those matters raised in the CMA’s application. Accordingly, the Commission invited comments, with supporting rationale, on the following: I. ADAD Rules II. Caller name display III. Record keeping IV. Duration and scope of an internal do not call request V. Grace period for a do not call request VI. Application of the Telemarketing Rules regarding internal DNCL requests to telecommunications whose purpose is not solicitation VII. Business-to-business exemption VIII. Period of validity of contact information IX. Other changes to the UTRs 6. The Commission also stated that it seeks to craft its rules and enforcement practices in a manner that is the least-intrusive necessary to achieve its objectives and would carefully weigh the benefit of any proposed rules or modifications against the administrative burden that may result, particularly for small businesses. The Commission further stated that it would review the matters in this proceeding in light of the policy objectives set out in section 7 of the Act. 7. The Commission received interventions from 107 individuals and the following companies and organizations: Bell Aliant Regional Communications, Limited Partnership; Bell Canada; Bell ExpressVu Limited Partnership; Bell Media Inc.; Bell Mobility Inc.; Northwestel Inc.; Télébec, Limited Partnership; and their affiliates (collectively, Bell Canada et al.); Bragg Communications Inc., operating as Eastlink (Eastlink); Campaign Research Inc. (Campaign Research); the Canadian Association of Direct Relationship Insurers (CADRI); the Canadian Bankers Association (CBA); the Canadian Blind Sports Association (CBSA); the Canadian Life and Health Insurance Association Inc. (CLHIA); the CMA; the Canadian Network Operators Consortium Inc.; the Canadian Wireless Telecommunications Association (CWTA); Cogeco Cable Inc. (Cogeco); the Consumers Council of Canada (Consumers Council); Elections Canada; iMarketing Solutions Group Inc. (iMarketing); the Insurance Bureau of Canada (IBC); the Marketing Research and Intelligence Association; Mouvement Desjardins (Desjardins); MTS Inc. and Allstream Inc. (collectively, MTS Allstream); the Office of the Privacy Commissioner of Canada (OPC); the Public Interest Advocacy Centre, the Consumers’ Association of Canada, and the Council of Senior Citizens’ Organizations of British Columbia (collectively, PIAC/CAC/COSCO); Quebecor Media Inc. (QMI); Rogers Communications Partnership (RCP); Shaw Communications Inc. (Shaw); TBayTel; TELUS Communications Company (TCC); and Ventriloquist Customer Communication Solutions (Ventriloquist). The public record of this proceeding, which closed on 25 June 2013, is available on the Commission’s website at www.crtc.gc.ca under "Public Proceedings" or by using the file numbers provided above. I. ADAD Rules 8. Part IV, section 2 of the UTRs states that a telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication via an ADAD unless express consent has been provided by the consumer to receive a telemarketing telecommunication via an ADAD from the telemarketer or the client of that telemarketer. 9. Part IV, section 4 of the UTRs sets out the requirements for ADAD telecommunications where there is no attempt to solicit. For instance, the telecommunication must begin with a clear message identifying the person on whose behalf the telecommunication is made and include a mailing address and a local or toll-free telecommunications number at which a representative of the originator can be reached. Positions of parties The CMA’s application and related proposals 10. In its application, the CMA proposed that the use of ADADs be permitted for telemarketing when there is an existing business relationship, as defined in subsection 41.7(2) of the Act, between the telemarketer or client of the telemarketer and the called party, if the called party has not made an internal DNCL request to the organization on whose behalf the call was made. 11. The CMA submitted that advances in ADAD technology, in particular, the ability for consumers to interact with live agents, should remove the concerns expressed by the Commission in previous decisions that ADAD telecommunications are more intrusive and present a greater nuisance than do telemarketing calls made to consumers by live agents. 12. The CMA indicated that technological advances include the following potential features: customizable messages, personalized to the recipient of the call; proper party verification, prompting consumers to confirm that they are the intended recipient of a call; opt out features, allowing consumers to register the called number on the telemarketer’s or telemarketer’s client’s internal DNCL; and direct connection during the call to a live agent or a voice mail system. 13. The CMA noted that the Commission has undertaken enforcement actions in relation to ADAD-generated calls by Bell Canada, RCP, and TCC to their respective prepaid wireless service customers. These calls provided a notification related to the status of the customer’s account and indicated that the customer could purchase more minutes to avoid a service interruption. The CMA characterized these calls as providing good customer service by anticipating problems before they occurred, avoiding customer complaints about such problems, and providing information to the customer as to how to correct the situation. 14. The CMA concluded that the Commission’s enforcement staff must have inferred that the purpose of these calls was to make a sale and, as such, they were telemarketing calls, which are not permitted under the ADAD Rules unless express consent is obtained. The CMA submitted that such apparent differences in interpretation create significant uncertainty for organizations that need to reach their customers with service-related messages and could be viewed as an expansion to the original intent of the rules. 15. The CMA argued that allowing the use of ADADs for telemarketing calls only to persons with whom the telemarketer has an existing business relationship establishes a clearer and more objective measure that can be readily assessed for enforcement purposes, would not be susceptible to conflicting interpretations, and would result in improved compliance. 16. In addition, the CMA submitted that businesses will want to avoid annoying their customers or increasing the number of internal DNCL requests, factors that will impose discipline with respect to how ADADs are used for solicitation. 17. The CMA considered that allowing businesses to use cost-effective technologies to support good customer service would benefit consumers, and that the associated calls would not likely cause the type of nuisance the Commission has sought to prevent through previous decisions. 18. Bell Canada et al. and the CMA submitted that implied consent to be contacted is created by an existing business relationship, and accepting this in place of express consent would be consistent with other legislation, including Canada’s Anti-Spam Legislation (CASL),Footnote 1 and with their interpretation of the existing UTRs. RCP argued that the requirement for express consent is not consistent with the Policy Direction. 19. Bell Canada et al. and TCC argued that the requirement for express consent, as well as the current interpretation of "solicitation" in relation to the ADAD Rules, are both contrary to the right to freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms (the Charter). Bell Canada et al. submitted that the existing ADAD Rules do not minimally impair protected expression, as the CMA’s proposal would. 20. Ventriloquist argued that the current UTRs prevent consumers from exercising greater control over the calls they receive through the interactive features offered by ADADs, and impede the use of newer technologies. They further submitted, as did Bell Canada et al. and RCP, that consumer frustration is largely caused by rogue telemarketers that knowingly violate the UTRs or have no business relationship with the called party, and not by the types of calls that would be allowed under the CMA proposal. 21. TBayTel and TCC referenced the Commission’s Wireless Code,Footnote 3 which places an obligation on service providers to provide notifications in certain circumstances. They argued that this obligation is in conflict with the current UTRs, which prohibit the use of ADADs for solicitation purposes, without express consent. Bell Canada et al. argued that used responsibly, ADADs generate benefits for consumers in the form of timely service reminders. 22. RCP supported the CMA’s proposal, but also encouraged the Commission to, at a minimum, relax the rule requiring express consent for what the company characterized as "dual-purpose calls," where there is an existing business relationship. RCP defined dual-purpose calls as calls that are primarily service-related or informational in purpose but may require or afford an opportunity to the consumer to take action of a commercial nature. RCP proposed that such a call should not constitute either direct or indirect solicitation, provided that the call relates to a product or service already supplied to the customer, that the organization’s name is displayed on the call recipient’s caller identification (ID) display, and that the ADAD has the functionality to either connect the call recipient instantly to a live agent, or to process an internal DNCL request. 23. TCC offered a similar proposal that would allow for promotional messages for products or services to which customers already subscribe. The company submitted that contacting customers about service interruptions, account status, or usage levels are messages that should not be considered as solicitation. It indicated that this was a particular issue for prepaid wireless customers who do not have data plans or have not provided an email address at which they can be contacted. 24. Individual interveners submitted that no matter what the technological changes associated with ADADs, the calls will continue to present a nuisance. Some individuals noted that some businesses already use these technologies to offer choices to consumers, but that these choices are often at the end of a very long message, and thus offer no alleviation from nuisance. 25. The Consumers Council argued that there was insufficient evidence to support the proposed changes to the ADAD Rules, which would result in a higher volume of telemarketing calls, to which consumers would not be receptive. It referred to a 2004 Environics survey that found that 97 percent of respondents had a negative reaction toward unsolicited calls, and a 2013 Insights West survey where 91 percent of respondents were opposed to automated calls, with 74 percent being strongly opposed, and only 2 percent somewhat in favour. PIAC/CAC/COSCO referred to a 2001 EKOS survey, which found that 61 percent of respondents would prefer to stop receiving all telemarketing calls, even if it meant missing out on good opportunities. 26. The Consumers Council drew a parallel with Telecom Regulatory Policy 2012-183, in which the Commission concluded that unsubscribe mechanisms for electronic communications should be consumer-friendly and that consumers clearly benefit from not having to opt out of being contacted. 27. The OPC opposed the CMA’s application, submitting that telemarketing calls raise privacy concerns. In 2011, 88 percent of respondents to an OPC survey indicated that they were concerned or somewhat concerned about organizations sending unwanted emails, faxes, letters, or phone calls. In 2009, 84 percent of respondents to an OPC survey indicated that they were not comfortable providing personal information to a telemarketer, a number which the OPC noted was higher than the level of discomfort expressed over online transactions, loyalty programs, or social networking sites. 28. PIAC/CAC/COSCO argued that, as consumers have many business relationships with various organizations, the aggregate volume of ADAD calls would be very high, imposing a greater burden on consumers to manage a greater number of internal DNCL requests. 29. PIAC/CAC/COSCO also noted that in 2008, the U.S Federal Trade Commission rejected the idea that reputational harm would act as a sufficient break on the nuisance of ADAD telemarketing, and both it and the U.S. Federal Communications Commission have revoked the existing business relationship exemption for ADADs. RCP noted in reply however that this revocation by the Federal Communications Commission was not absolute, and maintained an exemption specifically targeted at facilitating communications between wireless carriers and their customers. 30. PIAC/CAC/COSCO further noted that the Commission has already found on numerous occasions that the ability to decline the message and request not to be contacted via an ADAD is not sufficient to alleviate consumer inconvenience or nuisance. 31. PIAC/CAC/COSCO also submitted that none of the technological improvements promoted by the CMA have changed human nature. They argued that there is an assumption on the part of consumers that a human voice on a telephone call emanates from a human caller, and that the realization that a call is actually automated is a key component of why consumers find ADAD calls disturbing. 32. The Consumers Council criticized the CMA’s proposed rule that would allow telemarketers the option of connecting consumers to either a live agent or routing them to a voice mail system. The CMA’s application had framed the voice mail option as a less costly alternative for small businesses, and the Consumers Council submitted that most telemarketers would choose to rely on the least costly option. It was joined by TCC in submitting that the rules should be applied symmetrically, and that the options available should not change with the size of a business. 33. The OPC noted that although it supported the creation of the National DNCL, it was concerned about the number of exemptions, including the existing business relationship exemption, contained in the Act. In the OPC’s view, the use of ADADs in situations where live agents are not available to answer questions or note complaints is not acceptable. Other proposed changes to the ADAD Rules 34. TCC, supported by Campaign Research, Cogeco, and the CWTA, also made two proposals regarding the requirement for contact information in non-solicitation ADAD messages: allowing an email address to be supplied rather than a mailing address, and allowing contact information to be placed at any point in the call rather than the beginning, as is currently required. The Consumers Council supported the proposal to permit contact information at any point in the call when an ADAD is used for survey purposes. 35. With respect to the requirement in the ADAD Rules that contact information be placed at the beginning of an ADAD message, interveners raised the propensity of consumers to hang up or terminate the call before understanding the purpose of the message, which may be service-related. They proposed allowing contact information to be placed at any point in the call rather than the beginning. 36. Campaign Research and TBayTel proposed that the UTRs permit call recipients to be referred to a subordinate message (via a key press) for contact information. QMI argued that non-solicitation ADAD messages should only have to identify the party on whose behalf the call is made, without providing contact information. 37. iMarketing and Ventriloquist also proposed that registered charities or public-benefit non-profit organizations be allowed to use ADADs to communicate with their supporters. iMarketing further suggested that virtual town hall meetings initiated by an ADAD should be seen as creating an existing business relationship, which would dispense with the need to obtain consent from participants for the purpose of soliciting donations. 38. PIAC/CAC/COSCO opposed the use of ADADs for all solicitation calls. They submitted that the Commission had concluded in past decisions that there was no evidence that consumers expected to be solicited by ADADs or live calling when an existing business relationship had been established with the calling party. Commission’s analysis and determinations The CMA’s application and related proposals 39. The Commission notes that it previously considered in Telecom Decision 94-10 that ADAD calls cause greater inconvenience and nuisance than live voice calls, and are more likely to be perceived as an intrusion because they do not permit the called party to interact with the caller. The Commission maintained this position in Telecom Decisions 2004-35 and 2007-48, rejecting proposals that would have relaxed the restrictions on ADAD calls. 40. Specifically, in Telecom Decision 2007-48, the Commission noted that no party had provided specific evidence of technological advances with ADADs and the effect such technology would have on alleviating the inconvenience or nuisance experienced by consumers. The Commission considered that the ability to decline the message and request not to be contacted via an ADAD was not sufficient to alleviate consumer inconvenience or nuisance. 41. In establishing its requirements regarding the use of ADADs, the Commission has sought to balance the intent of section 41 of the Act and the protection of individual privacy against the need to permit legitimate uses of telemarketing telecommunications. The considerations that follow are particularly relevant to evaluating this balance with respect to the proposals to relax the restrictions on telemarketing telecommunications using ADADs. a) Developments in ADAD technology 42. The Commission notes the ADAD technological features put forward by the CMA and others to address concerns raised by the Commission in past decisions. However, the Commission considers that none of these features would address the basic characteristic of ADAD technology, i.e. a pre-recorded message that prevents the called party from immediately interacting with the caller and causes consumer inconvenience or nuisance. 43. In addition, the Commission considers that it is not evident that the advanced technological features promoted by the CMA would necessarily be applied if the proposed rule changes were implemented. For instance, the Commission notes that the CMA’s proposal would not require that telemarketers offer features such as customizable messages or proper party verification during ADAD calls. 44. The CMA’s proposal that consumers be given an opportunity to connect to a live agent during an ADAD call would not be imposed as a strict requirement either, as telemarketers could allow consumers to connect to a voice mail system instead. While RCP proposed that instantaneous connection to a live agent be mandatory, the Commission considers that there is insufficient evidence on the record of this proceeding with respect to how many telemarketers could successfully meet such a standard. Other parties did not generally support making connection to a live agent mandatory or creating different standards depending on the size of the telemarketer. b) Impact on the number of telemarketing calls received by consumers 45. The Commission notes TCC’s submission that an ADAD call is a thousand times more cost efficient to place than a similarly messaged live voice call. As such, the Commission considers that there is a strong incentive for telemarketers to substitute ADAD calls for live calls and other marketing channels, and use ADADs to potentially exploit existing business relationships that do not, at present, lead to telemarketing calls because employing live agents is cost prohibitive. The Commission therefore considers that under the above-noted proposal, consumers would likely receive substantially more telemarketing telecommunications in general, a higher proportion of which would be ADAD calls as compared to live-voice calls. 46. The Commission notes that parties in favour of relaxing the ADAD Rules did not provide evidence that consumers would be receptive to an increase in ADAD calls. Apart from anecdotal references that consumers appreciate and would benefit from the types of calls referred to in various submissions, the Commission considers that no substantive evidence was submitted in this proceeding on which to base any such conclusion. 47. Conversely, the Commission notes that those opposed to a rule change presented survey data suggesting that consumers would not be receptive to receiving more telemarketing calls, and a large majority of individuals commenting on this issue in this proceeding expressed opposition to the CMA’s proposal. 48. Further, the Commission notes that under the existing rule, parties can use ADADs for the purpose of telemarketing provided they obtain express consent from consumers to do so. Neither the CMA nor any other party in favour of relaxing the ADAD Rules provided evidence that the various means of obtaining express consent from customers are onerous or prohibitive. The Commission considers that this absence of evidence may be because there is a lack of consumer demand to receiving telemarketing calls via an ADAD. 49. The Commission also considers that the CMA’s proposal is ambiguous with respect to whether a DNCL request processed by an ADAD would be limited to further ADAD messages, or would apply to all telemarketing telecommunications. In the case of the former, this would require the compilation of two internal lists, and necessitate other changes to the UTRs relating to internal DNCL requests, with an underlying possibility that consumers may not understand the distinction and may find such a system confusing. c) Dual-purpose calls and indirect solicitation 50. The Commission notes that some parties suggested that the UTRs, or the Commission’s interpretation of them, should be modified to permit calls using an ADAD which can be classified as "dual-purpose" or involving only indirect solicitation. Some parties argued that the Wireless Code obligations, which require wireless service providers to provide notifications to their customers in certain circumstances, create uncertainty or conflict with the existing ADAD Rules. 51. The Commission considers that it would be impractical to treat some ADAD calls containing solicitation as non-solicitation calls, as it would be extremely difficult to determine the point from which solicitation is the primary or direct purpose of a call and thus requires express consent. The Commission considers that this would cause confusion among both consumers and businesses. 52. The Commission is also concerned that telemarketers could circumvent the rule by crafting their messages to give the false impression that solicitation is not the primary or direct purpose of the ADAD call. The Commission considers that the current definition of solicitation presents the advantage that it is clear that an ADAD telecommunication involving any solicitation is not permitted, whether direct or indirect, unless express consent has been provided. 53. To the extent that businesses consider that consumers would benefit from receiving these ADAD telecommunications, the Commission notes that businesses are free to explain to consumers the value of these calls and seek express consent to make them under the existing rule. 54. With respect to compliance with the Wireless Code, the Commission notes that in Telecom Regulatory Policy 2013-271, it did not specify the means by which the notifications must be delivered and notes that there are various ways by which wireless service providers can satisfy the requirements for notification. d) Compliance with the Policy Direction and the Charter 55. With respect to arguments by certain parties that the current rules governing ADADs are contrary to the Policy Direction and the Charter, the Commission notes that the UTRs do not prohibit the use of ADADs for telemarketing purposes, but rather give the consumer the choice to receive these ADAD calls by providing their express consent. Given the submissions received in this proceeding and its experience in the administration and enforcement of the UTRs, the Commission considers that the existing rule is efficient and proportionate to its purpose of reducing undue consumer nuisance and inconvenience. The Commission also considers that the current rule is applied symmetrically and in a competitively neutral manner across the industry. 56. The Commission considers that if the existing ADAD Rules were found to be a restriction on freedom of expression under the Charter, the limit is reasonable pursuant to section 1. The Commission considers that its rules are minimally impairing and proportionate: they do not limit the content of the message, which can be delivered by other means such as through a live call, but how that message is delivered through a particular technology. The restriction only applies in circumstances where express consent has not been obtained. The Commission considers that its existing ADAD Rules for telemarketing telecommunications appropriately balance the objectives of the Act against the need to permit legitimate uses of telemarketing telecommunications, and is consistent with the Charter. 57. In light of all the above, the Commission denies the CMA’s application and similar requests from other parties to change the ADAD Rules relating to the use of ADADs for telemarketing. Other proposed changes to the ADAD Rules 58. With respect to the position taken by PIAC/CAC/COSCO that ADADs should be banned for all telemarketing calls, as noted above, the Commission is of the view that the current rule requiring express consent for ADAD telemarketing telecommunications strikes the appropriate balance. Accordingly, the Commission denies the proposal by PIAC/CAC/COSCO to institute a ban on the use of ADADs for telemarketing. 59. Regarding the provision of contact information during an ADAD call, the Commission is aware that some consumers rely on the postal address provided as part of the identification message to verify the legitimacy of a calling party and that not all consumers have access to the Internet. However, the Commission is of the view that, on balance, allowing calling parties the option of including either a postal address or an email address, in addition to a valid telephone number, would provide consumers with sufficient means to contact the caller if needed. 60. Further, the Commission is of the view that allowing the calling party to identify itself and briefly state the purpose of the call at the beginning of an ADAD message would meet many of the concerns expressed in the submissions about consumers prematurely terminating calls containing important service notifications, while still providing consumers with the necessary contact information at the beginning of the call. 61. In light of the above, the Commission modifies the UTRs as follows (changes are indicated in bold italics): Part III, section 17(b), relating to the initiation of a voice telemarketing telecommunication by a telemarketer, is replaced with the following: the name and electronic mail address or postal mailing address of an employee or other representative of the telemarketer to whom the consumer can write for the purpose of asking questions, making comments about the telemarketing telecommunication, or making or verifying a do not call request. Part III, section 19(e), relating to the initiation of a fax telemarketing telecommunication by a telemarketer, is replaced with the following: the name and electronic mail address or postal mailing address of an employee or other representative of the telemarketer and, where applicable, the client of the telemarketer, to whom the consumer can write for the purpose of asking questions, making comments about the fax, or making or verifying a do not call request. Part IV, section 4(d), relating to the identification message required for non-solicitation ADADs, is replaced with the following: such telecommunications shall begin with a clear message identifying the person on whose behalf the telecommunication is made and a brief description of the purpose of the telecommunication. This identification message shall include an electronic mail address orpostal mailing address and a local or toll-free telecommunications number at which a representative of the originator of the message can be reached. In the event that the actual message relayed exceeds sixty (60) seconds, the identification message shall be repeated at the end of the telecommunication; II. Caller name display 62. Part III, section 25 of the UTRs requires that, except where the number display is unavailable for technical reasons, a telemarketer initiating a telemarketing telecommunication shall display on the call recipient’s caller ID the originating number or an alternate number where consumers can reach the telemarketer. There is no requirement that the name of the caller be displayed. Positions of parties 63. Several parties commented on this requirement, with most supporting a rule change to implement mandatory caller name display. Bell Canada et al. submitted that such a change would promote consumer privacy by allowing unwanted calls to be screened, which would increase consumers’ confidence in knowing who they are communicating with, thereby reducing customer complaints. Eastlink similarly argued that such a requirement would be beneficial to telemarketers because consumers would be more likely to answer a call if they recognized from whom it is coming. RCP supported a rule change, noting the common and low-cost nature of caller ID technologies, and the minimal nature of any costs that such a change would impose on organizations. 64. TCC argued that the proposed change was an efficient and proportionate balancing of interests, but noted, in addition to comments by Eastlink, Shaw, and Ventriloquist, that caller name display technology is not universal and is prone to technical limitations, including those with carriers and networks that may not be within the control of the telemarketer. Ventriloquist noted that in its experience, "last mile" telecom delivery companies have a variety of widely different protocols, which makes consistently inserting caller name display information an erratic and unreliable process. 65. PIAC/CAC/COSCO supported displaying intermittently the name of both the telemarketer and the client, arguing that without an associated name, the displayed telephone number has no obvious meaning. However, many parties who supported a rule change argued that it would be more meaningful to consumers to display the name of the party or the "brand behind the call," as opposed to the name of a telemarketing firm. RCP argued that it might not be possible to display both names due to space limitations, and might create confusion about who is calling. 66. CLHIA submitted that most consumers already screen incoming calls by answering calls from familiar names, and letting other calls go to voice mail. It also suggested that the inconsistent application of name display due to technological limitations would place an added burden on the Commission, which would have to investigate complaints. Desjardins submitted that consumers would find the names confusing if they were unfamiliar, and that additional confusion would result if, for example, the telemarketer's number was displayed, but the client's name was used. 67. The IBC expressed concern that this proposal would require significant and costly upgrades to existing telephone systems, and the CBA was concerned about uniformly implementing such a requirement, given the variety of numbers from which telemarketing calls can be made. 68. Cogeco submitted that the proposed change was redundant, noting that the existing UTRs already require telemarketers to identify themselves at the start of a call. It also took the view that the proposed change was inconsistent with the rationale set out in Telecom Decision 2007-48, in which number display was considered necessary to enable consumers to file complaints, obtain more information, or make internal DNCL requests; not as a screening mechanism, as suggested by other parties. Commission's analysis and determinations 69. In the Commission's view, the UTR objective of reducing undue inconvenience and nuisance and protecting the privacy of Canadians is furthered when Canadians are able to determine who is calling them before they choose to answer a call. The Commission considers that the information most useful to consumers on call display would, in many cases, be the name of the party on whose behalf the call is made, rather than the name of the telemarketer. 70. However, the Commission is concerned that the technical limitations noted by various parties surrounding the delivery of caller name display may not allow the expected benefits of a requirement relating to caller name display. In particular, the Commission is concerned about implementing a requirement that may not be consistently applicable, and might rely on technological factors beyond the control of telemarketers. The Commission is also of the view that there is currently insufficient evidence to fully evaluate the technical aspects of such a requirement. 71. The Commission further considers that the implications of such a proposed rule would need to be more carefully considered within the context of caller ID spoofing, in which inaccurate, false, or misleading caller ID information is transmitted to consumers, giving a name or number other than the one that is the source of the call. The Commission notes that a growing number of complaints received from consumers relate to this problem, and considers that even in the context of such a rule, caller names might still be falsified or misrepresented to consumers. The Commission takes note of the efforts undertaken by various stakeholders to address caller ID spoofing, but considers that the proposed rule would not have enough of an impact in light of the technical limitations noted above. 72. In light of the above, the Commission determines that it will not require telemarketers initiating telemarketing telecommunications to display a caller name at this time. III. Record keeping 73. Under the existing UTRs, telemarketers and clients of telemarketers are required to maintain records showing that they have registered with the National DNCL operator, proof of any subscriptions they have purchased, and records of their abandonment rates, if using predictive dialers. Positions of parties 74. Several parties argued that as a general matter, the Commission should avoid making changes to the UTRs unless there is compelling rationale or solid evidence that there is a problem to be addressed. Most argued that the existing UTRs related to record keeping are generally sufficient and that the status quo should be maintained. Parties including Bell Canada et al., Cogeco, Shaw, and TCC submitted that expanding the record-keeping requirements would impose an undue burden on telemarketers in relation to increased costs relating to changes to internal business practices. They also raised privacy issues regarding data retention. MTS Allstream noted that the Commission already has the authority to impose specific record-keeping requirements on individual companies, for instance, where there is a prevalence of complaints or repeated violations. 75. Ventriloquist submitted that telemarketers and/or their clients should be required to create and maintain full detailed records such as calling logs, citing its own practice of retaining information for a period of five years. In its view, these requirements are a cost of doing business and that the same rule should be applied regardless of the size of telemarketer, client, or the nature of the campaign. 76. RCP acknowledged that calling logs, when available, would ensure more timely resolution of consumers’ complaints, and suggested that it would be reasonable for the Commission to impose additional requirements with respect to calling logs and scripts, so long as they do not create onerous operational complexities and costs. 77. TCC submitted that there did not appear to be an outcome in which increased record keeping translated into a benefit for consumers in a manner that would outweigh the administrative and financial burdens on telemarketers. 78. CLHIA and IBC submitted that if record-keeping requirements are expanded, they should be scaled to the operation of the telemarketer. 79. PIAC/CAC/COSCO was not opposed to expanding the requirements. They argued, however, that consumers should be notified when a conversation is recorded at the outset of the call and be given the option to continue the call without it being recorded. PIAC/CAC/COSCO suggested a retention period of two years. 80. The Consumers Council also supported the suggestion that the Commission should be able to direct or order telemarketers to collect, retain, and provide additional information on an individual basis, as required for an investigation. Commission’s analysis and determinations 81. In Telecom Decision 2007-48, the Commission considered that a failure to keep records does not itself give rise to nuisance telecommunications, and that many other records that might be relevant to a telemarketer’s conduct would likely be kept in the ordinary course of business. Moreover, the Commission considered that the ability to establish a defence of due diligence regarding any alleged violation of the UTRs would serve as an incentive for telemarketers and clients of telemarketers to keep records of their unsolicited telecommunication activities. 82. The Commission notes that pursuant to section 72.05 of the Act, a designated person can require that a person submit information that is necessary for the administration of section 41 of the Act. The Commission also notes that designated persons can obtain relevant information through on-site inspections conducted pursuant to section 72.06 of the Act. The Commission notes that these are broad information-gathering powers that allow the Commission’s enforcement staff to effectively obtain relevant information regarding compliance with the UTRs in a targeted manner. 83. In addition, the Commission is concerned that adopting additional uniform record-keeping requirements would have a disproportionately negative impact on smaller businesses that may be subject to unique cost or technological limitations. The Commission considers that imposing new record-keeping requirements that vary depending on the size of a business would be difficult to determine and would depart from the Commission’s approach of creating rules of general application. 84. In light of the above, the Commission determines that it would not be appropriate to alter the UTRs to impose any additional record-keeping requirements on telemarketers and their clients. IV. Duration and scope of an internal DNCL request 85. Currently, a consumer's name and number remain valid on the internal DNCL of a telemarketer for three years following the initial 31-day grace period. Telemarketers and their clients are not required to place consumers’ names and numbers on the internal DNCL of their affiliates. 86. Recently, in Compliance and Enforcement Decision 2013-528, the Commission extended the registration period for telecommunications numbers on the National DNCL from five to six years. The Commission also initiated a proceeding in Compliance and Enforcement Notice of Consultation 2013-527 to consider the appropriate duration of registrations on the National DNCL. Positions of parties 87. Most parties that submitted comments on this issue argued to retain the existing three-year period for internal DNCL requests. The OPC, PIAC/CAC/COSCO, and Ventriloquist argued for a five-year period to align with the National DNCL registration period in effect at that time. TCC initially proposed reducing the period to two years, but in reply stated that the current period is a proportionate regulatory measure. The Consumers Council submitted that there should be a mechanism to notify consumers that their internal DNCL requests would expire soon. 88. Only PIAC/CAC/COSCO supported automatically extending internal DNCL requests to affiliates. Parties opposed to such an extension noted the costs that would be involved, privacy issues, and the fact that affiliates may cross into separate unrelated industries that a consumer might not be aware of. 89. TCC supported offering consumers the choice at the time of the call to include affiliates in an internal DNCL request. However, other parties again expressed concerns about costs, privacy issues, and affiliates’ participation in other industries. Commission's analysis and determinations 90. The Commission notes that the majority of parties commenting on this issue supported maintaining the current duration for an internal DNCL request. The Commission notes that unlike registration with the National DNCL, an internal DNCL request prevents telemarketing even to consumers with whom the telemarketer has an existing business relationship. The Commission therefore considers that the three-year period for internal DNCL requests continues to strike the appropriate balance between the privacy interests of consumers and the ability of businesses to market goods and services through telemarketing. 91. The Commission also considers the Consumers Council’s proposal that telemarketers be required to notify consumers that their internal DNCL registrations are about to expire would be too costly to implement and could lead to more unsolicited telecommunications to consumers. 92. With regard to automatically extending an internal DNCL request to all affiliates, the Commission considers that, in many instances, consumers would not be aware of the full extent of their request. The Commission also acknowledges the objections raised by parties with respect to cost and privacy issues. The Commission considers that the financial, privacy, and organizational concerns cited by parties for not automatically extending an internal DNCL request to affiliates would similarly apply where a consumer is provided with the option of doing so during a call. 93. In light of the above, the Commission finds it appropriate to maintain the three-year validity period for internal DNCL requests, and will not require that these requests be automatically or optionally extended to telemarketers’ affiliates. V.Grace period for a do not call request 94. Telemarketers are afforded an administrative grace period of 31 days following a consumer’s registration of their telecommunications number with the National DNCL. To ensure compliance, telemarketers are obligated to use a version of the list obtained from the National DNCL operator no more than 31 days prior to the date that any telemarketing telecommunication is made. The grace period for an organization to process an internal DNCL request is aligned at 31 days as well. Positions of parties 95. A majority of parties commenting on this issue argued that the current rule should be maintained. They submitted that there was insufficient evidence of consumer harm arising from the 31-day grace period or that shortening the period would benefit consumers. They also argued that this period allowed for the operational requirements of processing the requests and disseminating lists to call centres and third-party vendors. Some parties submitted that introducing different grace periods for National DNCL versus internal DNCL requests would result in additional complexity and cost. 96. PIAC/CAC/COSCO supported maintaining the 31-day grace period for the National DNCL, but advocated 48 hours for internal DNCL requests. MTS Allstream noted that a 10-to-14-day period might be feasible for internal DNCL requests. The OPC submitted that after several years of experience with the UTRs, the 31-day grace period seemed excessive, and recommended shortening it. 97. The Consumers Council and Ventriloquist submitted that there should be a separate grace period for internal DNCL requests in respect of ADAD calls, suggesting 5 and 10 days, respectively. 98. Elections Canada noted that federal election campaigns are typically 36 days long, and submitted that the grace period should be shortened to a maximum of 3 or 4 days to better respect the preferences of voters not wanting to receive unsolicited political calls. Commission’s analysis and determinations 99. The Commission notes that many parties supported maintaining the 31-day grace period for National DNCL requests, and that most submissions were focused on whether to reduce the internal DNCL request grace period. 100. The Commission notes that while parties opposed to shortening the grace period commented on the costs involved, they provided little to no detail on the nature and magnitude of those costs. 101. The Commission considers that consumers should be assured that when they make an internal DNCL request it will be implemented as quickly as possible. The Commission considers that a period of 14 days to process such requests reflects an appropriate balance of meeting consumer expectations with the costs associated with adding telecommunications numbers to internal DNCLs more frequently. The Commission considers that in light of this determination, and its decision not to change the requirement for express consent where ADADs are used for telemarketing, it is unnecessary at this time to implement a shorter grace period for internal DNCL requests in respect of ADAD calls. 102. With respect to Elections Canada’s request to shorten the grace period for calls made by political entities during election periods, the Commission notes that no other elections regulator or other political stakeholders filed interventions in this proceeding. The Commission also notes that the circumstances noted by Elections Canada in support of its proposed rule change are unique to political campaigns and do not apply to most unsolicited telecommunications. The Commission further notes that the Fair Elections Act currently tabled before Parliament (Bill C-23) includes legislative provisions which, if passed into law, would establish rules with respect to voter contact calls. Accordingly, the Commission finds that it would not be appropriate to amend the rules in this regard at this time. 103. In light of the above, the Commission makes the following modifications to the UTRs, which take effect on 30 June 2014 (changes are indicated in bold italics): Part III, section 8, is amended as follows: A telemarketer initiating a telemarketing telecommunication on its own behalf shall maintain its own do not call list and shall keep a consumer’s name and telecommunications number on the list for a period of three (3) years and fourteen (14) days from the date of the consumer's do not call request. Part III, section 9, is amended as follows: A client of a telemarketer shall maintain its own do not call list and shall keep a consumer’s name and telecommunications number on the list for a period of three (3) years and fourteen (14) days from the date of the consumer's do not call request. Part III, section 11, is amended as follows: A telemarketer initiating a telemarketing telecommunication on its own behalf shall add a consumer’s name and telecommunications number to its do not call list within fourteen (14) days of the consumer's do not call request. Part III, section 12, is amended as follows: A telemarketer initiating a telemarketing telecommunication on behalf of a client shall make all reasonable efforts to ensure that the client adds a consumer's name and telecommunications number to the client’s do not call list within fourteen (14) days of the consumer’s do not call request. Part III, section 13, is amended as follows: A client of a telemarketer shall add a consumer’s name and telecommunications number to the client’s do not call list within fourteen (14) days of the consumer's do not call request. VI. Application of the Telemarketing Rules regarding internal DNCL requests to telecommunications whose purpose is not solicitation 104. In their current form, the rules relating to internal DNCL requests only apply to telemarketing telecommunications. Conversely, subsection 41.7(4) of the Act creates internal DNCL requirements for exempt entities (registered charities, political parties, riding associations and candidates, newspapers of general circulation, and organizations with whom a consumer has an existing business relationship) that are not limited to telemarketing telecommunications. Positions of parties 105. Parties generally opposed any change to the scope of internal DNCL requests. Many argued that expanding internal DNCL requests to apply to non-solicitation calls would restrict calls that are essential and beneficial to consumers. The examples proposed included arranging or modifying service call appointments, notifications related to safety or health, service disruptions, warranties, credit card fraud alerts, and high data usage warnings. A number of parties submitted that if a particular problem was identified by the Commission relating to political entities, as suggested by Compliance and Enforcement Notice of Consultation 2013-140, that the Commission’s response should be narrowly constructed to address that particular issue, rather than introducing a new, broad restriction. 106. PIAC/CAC/COSCO considered that broadening the internal DNCL requirement to include non-solicitation calls would be consistent with the objectives of the Act, but joined the majority in cautioning against restricting the ability of service providers to communicate with customers about their service. Elections Canada and the OPC supported including non-solicitation calls within the scope of the internal DNCL rules. However, Ventriloquist argued that the nature of the call should not be relevant if the recipient does not wish to hear further from the individual or organization. Commission’s analysis and determinations 107. The Commission notes that political entities have been identified as making unsolicited telecommunications for purposes other than solicitation, such as polling and messaging, which has led to some consumer complaints regarding internal DNCL requests. The Commission also notes concerns raised by parties regarding expanding the scope of the internal DNCL requirements to capture other exempt entities in the absence of complaints or other evidence of a need to do so. 108. The Commission considers that there is an insufficient basis upon which to amend the rules to expand the internal DNCL requirements. 109. In light of the above, the Commission does not find it appropriate to impose the requirements regarding non-solicitation telecommunications in the UTRs to internal DNCL requests. VII. Business-to-business exemption 110. In Telecom Decision 2007-48, the Commission determined that the National DNCL Rules should not apply to telemarketing telecommunications made to business consumers, noting that little evidence had been received of undue inconvenience or nuisance to business consumers as a result of receiving telemarketing telecommunications. The Commission undertook to monitor complaints from businesses to determine whether it was necessary to revisit this issue in the future. 111. Since the implementation of the UTRs in 2008, the Commission has received several thousand complaints from the business sector, focusing primarily on the receipt of unwanted faxes, and the receipt of telemarketing calls on lines for home-based businesses that serve both business and private residential purposes (dual-purpose lines). Positions of parties 112. There was a broad consensus among the organizations that made submissions on this issue that there should be no overall removal of the exemption which now exists, and that any changes which are made should be targeted toward specific issues. 113. iMarketing argued that a removal of the overall exemption would jeopardize the efforts of charities to solicit support from businesses. 114. In this regard, several organizations suggested tailored responses to the problems identified by the Commission in relation to unsolicited faxes. Shaw proposed allowing businesses to put their fax numbers on the National DNCL. RCP suggested conditions including a requirement that faxes be sent to a specific and named individual in the business, that the product be one that would ordinarily be useful to the business, and that unsolicited faxes not be sent during regular business hours. 115. Eastlink raised a number of practical concerns, including who from a business would have authorization to register on the National DNCL if that were permitted, and how telemarketers would go about determining the size of a business, were that a consideration in the UTRs. 116. The OPC and RCP further argued that in the situation of dual-purpose lines and home-based businesses, the associated telecommunications numbers should be allowed to be registered on the National DNCL, and that this could be achieved through a clarification of, rather than an actual change to, the UTRs. The OPC also supported limiting the business exemption for both live and fax telecommunications to products or services that would ordinarily be used by the business contacted. 117. Bell Canada et al., Cogeco, Shaw, and TCC suggested that the issues in question impact a small percentage of companies and businesses, and that affected businesses still have the option of making an internal DNCL request to specific telemarketers. The CBA, CMA, Desjardins, Eastlink, iMarketing, RCP, and Ventriloquist all similarly pointed out that the internal DNCL rules provide a viable solution within the current framework for the UTRs. Commission’s analysis and determinations 118. In Telecom Decision 2007-48, the Commission considered that while certain business consumers may view all telemarketing telecommunications as a source of inconvenience or nuisance, they do not, in general, experience the same inconvenience and nuisance as residential consumers. 119. The Commission notes the lack of submissions from the small-business community on these issues as part of this proceeding, and finds that while complaints have been received from the business community about unsolicited faxes, and telecommunications on dual-purpose lines, the evidence available is inconclusive that such practices are presenting a significant impact on businesses in general. As such, the Commission is of the view that the findings set out in Telecom Decision 2007-48 regarding the level of nuisance or inconvenience as a result of these telemarketing telecommunications continue to be valid. 120. In light of the above, the Commission considers it appropriate to maintain the current business-to-business exemption set out in the UTRs. VIII. Period of validity of contact information 121. The UTRs require that telemarketers proactively disclose or provide upon request certain contact information that consumers may use to make inquiries or comments, and to make or verify internal DNCL requests. However, the UTRs do not set any time period during which the contact information must remain valid. Positions of parties 122. A majority of the parties that commented on this issue, including major telecommunications service providers, the CMA, Elections Canada, and the OPC, supported setting out an explicit period during which contact information would remain valid. Sixty days was commonly recommended, which several parties noted aligned with requirements under CASL. TCC and iMarketing recommended 30 and 31 days, respectively. 123. Shaw supported retaining contact information for a set period of time, but argued that it was unrealistic to require that information for individual agents be maintained, given the possibility of staff turnover. Bell Canada et al. and QMI suggested maintaining contact numbers. TCC offered detailed comments on the nature of the information that should be covered by the rule, effectively identifying all instances in which contact information is required by both the Telemarketing Rules and the ADAD Rules. This would include the names of telemarketers and clients, telecommunications numbers displayed or provided upon request, and mailing addresses. 124. The CBA and IBC opposed requiring an explicit time period for the maintenance of contact information. They submitted that, unlike electronic communications, telemarketing occurs in real time and consumers have the opportunity to ask questions or make or verify an internal DNCL request during or immediately following the call, rendering it unnecessary to specify an explicit time period for which contact information must remain valid. They further suggested that it was reasonable to expect that telemarketers will already ensure that contact numbers remain valid for an appropriate period of time, and that this determination should be left to individual businesses, rather than being a requirement of the UTRs. Commission’s analysis and determinations 125. The Commission notes that there appears to be a broad consensus for maintaining the validity of contact information for a specified period. Several parties supported aligning the period with the provisions set out in CASL, which the Commission considers to be reasonable. iMarketing and TCC did advocate for a shorter period, but neither made reference to any specific impediments to maintaining the information for a longer period of time. 126. In light of the above, the Commission modifies the UTRs as follows: The following is added as Part III, section 31 of the Rules: A telemarketer who initiates a telemarketing telecommunication and a client of a telemarketer – if different – shall ensure that the electronic mail addresses, postal mailing addresses, and local or toll-free telecommunications numbers referred to in sections 17, 19, 20, 21, and 25 are valid for a minimum of sixty (60) days after the telecommunication has been initiated. The following is added as Part IV, paragraph 4(j) of the Rules: the person making the telecommunication and the person – if different – on whose behalf the telecommunication is made shall ensure that the electronic mail address, postal mailing address, and local or toll-free telecommunications number referred to in paragraphs (d) and (e) are valid for a minimum of sixty (60) days after the telecommunication has been made. IX. Other suggested changes to the UTRs 127. In addition to the CMA’s application and the issues specifically set out in Compliance and Enforcement Notice of Consultation 2013-140, the Commission invited interested persons to comment on what changes, if any, should be made to the UTRs. The CBSA, iMarketing, and a number of individual interveners made other suggestions, including those requiring legislative amendments or other action by the Commission falling outside the scope of the notice. Suggestions relating to changes to the UTRs are discussed below. Registered Canadian amateur athletic associations (RCAAAs) and all other incorporated not-for-profit organizations whose activities are deemed to be charitable should be exempt from the National DNCL 128. The Commission considers that the Income Tax Act provides that RCAAAs have as their primary purpose the promotion of amateur athletics in Canada on a nationwide basis. Registered charities have as their primary purpose the promotion of charitable purposes. RCAAAs may be subject to a similar level of oversight, but there is no indication in any of the submissions that they have the same status as registered charities. As such, the Commission is not persuaded that the proposed change is appropriate. The Commission therefore denies the requests by the CBSA and iMarketing to create a broader exemption for other non-profit organizations. Lengthen the period of time used in the definition of an existing business relationship 129. The Commission considers that the proposed change would constitute a significant shift from the status quo, and significantly increase the number of telemarketing telecommunications received by consumers. The Commission therefore denies the request by iMarketing to modify the definition of an existing business relationship. Allow registration on a telemarketer's internal DNCL through websites 130. The Commission considers that this suggestion reflects a good business practice for telemarketers that have adopted it, but that there is insufficient information in this proceeding to evaluate the impact of this proposal, including the costs that would be borne by businesses. The Commission notes that under the changes being implemented to contact information requirements, an email address can be substituted for a postal mailing address provided that the email address can facilitate an internal DNCL request. 131. The Commission considers that enabling businesses to choose this approach where it is appropriate to their operations is a more balanced alternative. Accordingly, the Commission denies the proposal that telemarketers be required to facilitate internal DNCL requests through their websites. Treat any termination of a telemarketing call by a consumer as a DNCL request 132. The Commission considers that such a rule would be overly broad. The Commission considers that there may be many reasons for terminating a call, and that doing so is not a clear indication that a consumer does not wish to be contacted by that business again. The current practice of requiring some positive indication from consumers that they wish to be placed on an internal DNCL is a fair balancing of interests. Accordingly, the Commission denies the proposal that any termination of a telemarketing call by a consumer should be interpreted as a DNCL request. Ban telemarketing and automated calls to mobile phones 133. The Commission considers that a ban on telemarketing or automated calls to mobile phones would be overly broad. Further, number portability has blurred the distinction between wireless and wireline numbers, which would make it difficult for telemarketers to identify which numbers they were or were not permitted to call. The Commission therefore denies the proposal to ban telemarketing and ADAD calls to mobile phones. Institute alternative calling hours 134. The Commission recognizes that many consumers have different periods throughout the day when receiving a phone call may be particularly disruptive. However, tailoring the restriction to the least-permissive hours tolerable to all consumers would result in a complete ban on telemarketing, and would not be reasonable. The Commission therefore denies the proposals from individual interveners to modify the permitted calling hours. 135. The Commission further considers that establishing different rules for calling hours based on the intended recipient of a telemarketing call could create significant confusion among both consumers and businesses. The Commission therefore denies iMarketing’s proposal to extend the permitting calling hours for calls to businesses. Ban the use of predictive dialers 136. The Commission notes that the existing UTRs already address the use of predictive dialers by telemarketers, and require that call abandonment be kept to a reasonable rate and that calls not be placed to numbers registered on the National DNCL. The Commission considers that implementing a complete ban on predictive dialers would unreasonably preclude businesses from using a cost-saving and effective technology, and accordingly denies this proposal. Require telemarketers to leave a message for the consumer, instead of calling back 137. The Commission notes that a rule requiring telemarketers to leave a message instead of calling back would in effect impose a one-call rule on the industry. The Commission considers this would be too restrictive and considers that many consumers would find managing a greater number of voice mails as disruptive as or more disruptive than simply ignoring and choosing not to answer such calls. The Commission therefore denies this proposal.