Do-Not-Call Legislation Enacted in Canada

Bill C-37, Canada's "Do-Not-Call" legislation, has been enacted by Parliament as one of its last acts before calling the general election. Through amendments to the Telecommunications Act, the Bill provides a legislative framework for a national, bilingual, do-not-call list aimed at reducing the number of unwanted telephone calls to consumers. Once a consumer has been added to the list, telemarketers who call will face a fine of up to $1,500 (for individuals) or up to $15,000 (for corporations). The Bill received Royal Assent on November 25, 2005, and it is now in force. The impetus for the Bill was increased use of telemarketing to provide goods and services, as well as by greater concern about consumer privacy. Consumer groups were not part of a formal consultative process. Extensive industry lobbying efforts were apparently successful in carving out a number of exceptions including those for newspapers, registered charities, political candidates and surveys, and where a pre-existing business relationship exists with the consumer. Commentators have criticized the pre-existing relationship exception. It generally arises in relation to a purchase or contract within the 18 month-period preceding the call in question. However, a simple inquiry by the consumer within the preceding six months allows the company to ignore the do-not-call list. For commentary by Prof Michael Geist, see: http://makeashorterlink.com/?D2992154C For the legislative history and links to the full text of Bill C-37, visit: http://makeashorterlink.com/?Z1B96254C Summary by: Nyall Engfield