Marginal note:Do not call list

41.1 Sections 41.2 to 41.7 create a legislative framework for a national do not call list.

Marginal note:Administration by Commission

41.2 The Commission may, for the purposes of section 41,

• (a) administer databases or information, administrative or operational systems; and

• (b) determine any matter, and make any order, with respect to the databases or the information, administrative or operational systems.

Marginal note:Delegation of powers

• 41.3 (1) The Commission may, in writing and on specified terms, delegate to any person, including any body created by the Commission for that purpose, any of its powers under section 41.2 and any of its powers to conduct investigations to determine whether there has been a contravention of any prohibition or requirement of the Commission under section 41.

• Marginal note:Decision of delegate

  (2) For the purposes of sections 62 and 63, a decision of a delegate is deemed to be a decision of the Commission.

• Marginal note:Decision of Commission

  (3) For greater certainty, a delegation of powers is a decision of the Commission.

• Marginal note:Revocation of delegation

  (4) The Commission may, in writing, revoke a delegation of powers. A revocation is deemed not to be a decision of the Commission.

Marginal note:Rates

• 41.4 (1) A delegate may charge rates for exercising delegated powers.

• Marginal note:Financial Administration Act does not apply

  (2) Despite the Financial Administration Act, money collected by a delegate is deemed not to be public money.

Marginal note:Regulation of rates and delegated powers

41.5 The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise, and the manner in which the delegate exercises any of the delegated powers.

Marginal note:Report to Minister

• 41.6 (1) The Commission shall, within six months after the end of each fiscal year, deliver a report to the Minister on the operation of the national do not call list in that fiscal year.

• Marginal note:Content of report

  (2) The report shall set out any costs or expenditures related to the list, the number of Canadians using the list, the number of telemarketers accessing the list, any incon­sistencies in the prohibitions or requirements of the Commission under section 41 that are applicable to the operation of the list, and an analysis of the effectiveness of the list.

• Marginal note:Tabling of report

  (3) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.

Marginal note:Exemptions

• 41.7 (1) An order made by the Commission that imposes a prohibition or requirement under section 41 that relates to information contained in any database or any information, administrative or operational system administered under section 41.2 for the purpose of a national do not call list does not apply in respect of a telecommunication

  • (a) made by or on behalf of a registered charity within the meaning of subsection 248(1) of theIncome Tax Act;

  • (b) made to a person

    • (i) 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

    • (ii) who has not made a do not call request in respect of the person or organization on whose behalf the telecommunication is made;

  • (c) 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;

  • (d) 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 a contestant or candidate;

  • (e) made by or on behalf of an association of members of a political party described in paragraph (c) for an electoral district;

  • (f) made for the sole purpose of collecting information for a survey of members of the public; or

  • (g) made for the sole purpose of soliciting a subscription for a newspaper of general circulation.

• Marginal note:Definitions

  (2) The following definitions apply in subsection (1).

  “candidate”

  « candidat »

  “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”

  « relation d’affaires en cours »

  “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”

  « candidat à la direction »

  “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”

  « candidat à l’investiture »

  “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.

• Marginal note:Identification of purpose

  (3) Any person making a telecommunication referred to in subsection (1) must, at the beginning of the telecommunication, identify the purpose of the telecommunication and the person or organization on whose behalf the telecommunication is made.

• Marginal note:Distinct do not call lists

  (4) Every person or organization that, by virtue of subsection (1), is exempt from the application of an order made by the Commission that imposes a prohibition or requirement under section 41 shall maintain their own do not call list and shall ensure that no telecommunication is made on their behalf to any person who has requested that they receive no telecommunication made on behalf of that person or organization.

• Marginal note:Exception

  (5) Subsections (3) and (4) do not apply in respect of a person making a telecommunication referred to in paragraph (1)(f).