Canadian Do Not Call List

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The government of Canada announced on December 13, 2004 that they would introduce legislation to create a Canadian Do Not Call List. The Canadian list was expected to follow the model set by the National Do Not Call Registry established in the United States in June 2003.

Bill C-37, An Act to amend the Telecommunications Act, S.C. 2005, c.50 was the legislation which followed this announcement. It received royal assent on November 25, 2005 and will come into force when proclaimed. It 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.

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 exempts charities, political parties, polling companies and companies with existing business relationships. Professor Geist expresses particular concern about the extent and duration of the existing business relationship exception.

The form the list will take and the privacy benefits it will achieve remain uncertain. A working group of the CRTC has held hearings concerning the implementation of the list. It submitted recommendations ^[1] on July 26, 2006.

On July 3, 2007 ^[2], the CRTC announced it would be issuing a request for proposals to suppliers willing to provide this service. On December 21, 2007 ^[3], the CRTC announced that it had picked Bell Canada to operate the National Do Not Call List for five years. It is to be funded from fees paid by subscribers to the list and is to be operational by September 30, 2008.

On March 28, 2008 Professor Geist introduced 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.

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.