Canada’s Unsolicited Telecommunications Rules set out responsibilities for Canada’s telemarketers and clients of telemarketers. Here are some of the responsibilities and rules that your organization needs to be aware of.

1. What are the Unsolicited Telecommunications Rules
2. Rules Regarding the National Do Not Call List
3. How to Register with the National Do Not Call List
4. Automatic Dialing-Announcing Device (ADAD) Rules
5. Tips for Compliance with Telecommunications Rules

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Note: This post does not constitute advice regarding compliance with the Rules. You should consult the Telecommunications Act, the Rules, and relevant CRTC Decisions such as Telecom Decision 2007-48, Telecom Decision 2008-6-1, Telecom Regulatory Policy 2009-200, and Compliance and Enforcement Regulatory Policy 2014-155 prior to engaging in unsolicited telecommunications.

Telecommunications Rules

1. What are the Unsolicited Telecommunications Rules

Both telemarketers and clients of telemarketers need to follow the Telemarketing Rules

As previously noted, Canada’s Unsolicited Telecommunications Rules outline the responsibilities of Canada’s telemarketers and clients of telemarketers. The Unsolicited Telecommunications Rules include the following:

• Telemarketing Rules
• Automatic Dialing-Announcing Device (ADAD) Rules
• The National Do Not Call List (DNCL) Rules

Both telemarketers and clients of telemarketers need to follow the Telemarketing Rules and the ADAD Rules even if they are making calls that are specifically exempted from the National DNCL Rules. The ADAD rules also contain provisions which apply to calls that are not telemarketing.

To read the full set of rules, click here.
To read a condensed version of the rules, click here.

2. Rules Regarding the National Do Not Call List

The National DNCL is a list of consumers who do not want to receive telemarketing calls

The National Do Not Call List is a component of Canada’s Unsolicited Telecommunications Rules. It is a list of consumers who have chosen to not receive telemarketing calls.

Here is a list of those who must register with the National Do Not Call list:

Telemarketers:

All telemarketers who make unsolicited telemarketing calls on their own behalf. These telemarketers have to register even if they are making calls that fall under the National DNCL exemptions.

Clients of Telemarketers:

If you have telemarketers make calls on your organization’s behalf, then you also need to register even if the calls fall under the National DNCL exemptions. 

Third-Party Organizations:

Any third-party organization that has been given the authorization to access subscriptions on behalf of clients also needs to register. This includes telemarketers who make unsolicited telemarketing calls only on behalf of their clients as well as organizations that provide services to the telemarketing industry. An example of this type of service could be list scrubbing.

3. How to Register with the National Do Not Call List

Register your business online with the National DNCL

You can register your business online with the National Do Not Call List by clicking here.

You will need the following information to complete the registration:

• Your business information including your legal name, address, phone number, etc.
• Contact information for the person who will be the primary account manager for your business
• Your current registration number in accordance with the Dun & Bradstreet database. Dun & Bradstreet® will perform an identification validation process for all new telemarketers, clients of telemarketers, or third-party organizations before they can get access to the National DNCL

Using the DNCL will help you reach consumers who are more likely to be receptive to your calls.

4. Automatic Dialing-Announcing Device (ADAD) Rules

ADAD’s are types of equipment that can store or produce telecommunications numbers

An Automatic Dialing-Announcing Device (ADAD) refers to any type of equipment that can store, or produce telecommunications numbers. It can be used by itself or in conjunction with other devices to send pre-recorded or synthesized voice messages to phone numbers. Here are some of the telecommunications rules that apply to ADAD.

Identification at the Start:

ADAD calls are required to begin with a clear message that identifies the person or organization on whose behalf the call is being made. It must also briefly describe the purpose of the call.

Contact Information:

In addition, it needs to include an email address or mailing address and a local or toll-free number where you can reach a representative of the organization sending the message. This contact information needs to be valid for at least 60 days after the call has been made.

Longer Messages:

If the message lasts longer than 60 seconds, then you need to repeat the identification information again at the end of the message.

Screen Display:

The screen on the called person’s phone needs to display the original calling number.

Disconnection:

The calls need to disconnect within 10 seconds after the called person has hung up their phone.

For a complete list of rules that apply to ADADs, click here.

5. Tips for Compliance with Telecommunications Rules

The following tips will help you stay compliant with telecommunications rules

Here are some great tips that will help you ensure that your business remains compliant with Canada’s telecommunications rules.

• Make sure that you register and subscribe to Canada’s National Do Not Call List (DNCL) before you make any telemarketing calls.
• Make sure that any third-party company that is doing calls for your business is also registered and subscribed to the National DNCL.
• Make an internal “do not call list” and keep it up to date.
• If a customer asks you to remove their name from your list, make sure you do so within 14 days of their request.
• Set up a corporate compliance program and review your policies and procedures on a regular basis.
• Keep current and accurate records of all of the following:
  • Your call logs and scripts
  • Third-party contracts
  • A copy of your subscription and registration to the National DNCL

If you have any questions, or are unsure about any telecommunications rules, get in touch with the Canadian Radio-television and Telecommunications Commission (CRTC).