Canadian Do Not Call List

The Canadian Do Not Call List allows Canadians to decide whether or not to receive telemarketing calls. [cite web |url=https://www.lnnte-dncl.gc.ca/index-eng |accessdate=2008-10-02 |title=What is the National Do Not Call List? |publisher=Canadian Radio-television and Telecommunications Commission] It was first announced by the Government of Canada on December 13, 2004.Cite web |url=http://www.parl.gc.ca/common/Bills_ls.asp?Parl=38&Ses=1&ls=C37 |accessdate=2008-10-02 |title=Bill C-37: An Act to amend the Telecommunications Act |publisher=Parliament of Canada] It follows the model set by the National Do Not Call Registry established in the United States in June 2003.

Overview

A legislation entitled "Bill C-37, An Act to amend the Telecommunications Act", introduced in the House of Commons, was given first reading on December 13, 2004. It addressed telemarketing calls in Canada and would allow Canadians to sign up to prevent certain telemarketers from contacting them. It received royal assent on November 25, 2005 and came into force September 30, 2008. The legislation gives the Canadian Radio-television and Telecommunications Commission (CRTC) authority to establish a national do not call list, to establish procedures to administer the Act and to levy penalties for violations. [Cite web |url=http://www.crtc.gc.ca/eng/INFO_SHT/t1022.htm |accessdate=2008-10-02 |title=New and revised Unsolicited Telecommunications Rules |publisher=Canadian Radio-television and Telecommunications Commission] Starting September 30, 2008, Canadians can sign up online or by telephone to be put on the list. [https://www.lnnte-dncl.gc.ca/]

Exemptions

The Do Not Call List exempts Canadian registered charities, political parties, riding associations, candidates, and newspapers of general circulation for the purpose of soliciting subscriptions.cite web |url=https://www.lnnte-dncl.gc.ca/cofi-fico-eng |title=Who Can Still Call You? |publisher=Canadian Radio-television and Telecommunications Commission |accessdate=2008-10-02] Telemarketing calls from organizations with whom residents have an existing business relationship are also exempt. Telemarketers may also still call if a resident gave them permission in a written form or verbally. This law also does not extend its protections to non-Canadian phone numbers.

Implementation

The privacy benefits the list will achieve remain uncertain. A working group of the CRTC held hearings concerning the implementation of the list. It submitted recommendations [cite web| last =CRTC| title =Do not call list Operations Work Group (DOWG) Reports|title= Consensus and Non Consensus reports dated July 26, 2006|url =http://www.crtc.gc.ca/cisc/eng/cisf4hd.htm| accessdate = 2007-07-03] on July 26, 2006.

On July 3, 2007 [cite web| last =CRTC | title = CRTC moved a step closer to establishing a National Do Not Call List| url =http://www.crtc.gc.ca/eng/NEWS/RELEASES/2007/r070703.htm| accessdate = 2007-07-03] , the CRTC announced it would be issuing a request for proposals to suppliers willing to provide this service. On December 21, 2007 [cite web| last = [http://CBCNEWS.CA CBC News] | title = Bell to administer telemarketer do-not-call list| url =http://www.cbc.ca/consumer/story/2007/12/21/tech-calling.html| accessdate = 2007-12-23] , the CRTC announced that it had picked Bell Canada to operate the National Do Not Call List for five years. It will be funded from subscription fees paid by telemarketers [cite web
url = http://www.crtc.gc.ca/eng/INFO_SHT/t1026.htm
title = Facts about September 2008 launch of the National Do Not Call List
accessdate = 2008-08-04
author = CRTC] , and became operational on September 30, 2008.

On August 5, 2008, letters from the CRTC to the Canadian Marketing Association (CMA) and the Canadian Bankers Association (CBA) were made public. These letters warned that do not call requests from third parties, such as [http://ioptout.ca iOptOut.ca] , are to be considered as valid requests and must be honoured. [cite web
url = http://www.cbc.ca/technology/story/2008/08/05/tech-dncl.html
title = Telemarketers rebuked by CRTC over do-not-call objections
accessdate = 2008-08-05
author = [http://CBCNEWS.CA CBC News] ]

The Canadian Marketing Association offers a free "Do Not Contact Service". The service is limited to screening telemarketing from participating companies only. Registration can be sought by mail, phone or online at their website http://www.the-cma.org. After registration, it takes six weeks to be effective and lasts for three years.

Criticism

Professor Michael Geist, an authority on technology, Internet and copyright law and holder of the prestigious Canada Research Chair in Internet and E-Commerce Law at the University of Ottawa has criticized the changes adopted in the amended Act. He observes that the legislation contains too many exemptions. Professor Geist expresses particular concern about the extent and duration of the existing business relationship exception.

On March 28, 2008 Professor Geist introduced [http://ioptout.ca iOptOut.ca] , a free service which assists in the process of creating a personal do not call list. The service notifies callers selected by the user that the individual exercises his or her right under privacy laws not to receive communications from the notified business. It is intended to cover those organizations excluded from the Do Not Call List.

ee also

* Robinson list
* United States National Do Not Call Registry
* New Zealand Name Removal Service

References

External links

* [https://www.lnnte-dncl.gc.ca/ Canadian Radio-television and Telecommunications Commission National Do Not Call List (DNCL)]

ources

* [http://www.crtc.gc.ca/eng/dncl.htm Facts about the National Do Not Call List] CRTC information regarding the September 2008 launch of the National Do Not Call List
* [http://www.michaelgeist.ca/index.php?option=com_content&task=view&id=951&Itemid=98&nsub= Canada's Do Not Hesitate to Call List] , Geist, September 11, 2005
* [http://michaelgeist.ca/component/option,com_content/task,view/id,985/Itemid,85/ Canada's Do-Not-Hesitate-To-Call List Goes From Bad to Worse] Geist, October 20, 2005
* [http://www.ic.gc.ca/cmb/welcomeic.nsf/0/85256a5d006b972085256f690056a4a8?OpenDocument Industry Canada announcement] of December 13, 2004
* [http://www.parl.gc.ca/38/1/parlbus/chambus/house/bills/government/C-37/C-37_4/C-37-2E.html Bill C-37]
* [http://www.crtc.gc.ca/ CRTC Web Site]
* [http://www.crtc.gc.ca/archive/ENG/Notices/2006/pt2006-4.htm Notice of May 2, 2006 CRTC Hearing] See references cited in the announcement for submissions and applications by interested parties.
* [http://www.cbc.ca/news/background/telemarketing/ Do Not Call:Hanging Up on the Telemarketers] , CBC In Depth Report, November 25, 2005