Compliance and enforcement processes: Voter Contact Registry
Receiving an enforcement action from the Canadian Radio-television and Telecommunications Commission (CRTC) for possibly violating the Voter Contact Registry (VCR) can be a concerning experience. The VCR is a set of regulations that helps protect Canadians from rogue and misleading telephone calls during federal elections, and to ensure that those who contact voters during an election do so transparently.
If you are facing an enforcement action from the CRTC due to a suspected violation of the VCR, it is important to know you have options. This page provides information on what to do if you receive an enforcement action from the CRTC, including how to respond, timelines and who to contact.
On this page
Notice of violation
Notices of violations are formal enforcement actions from the CRTC’s investigation staff, issued to persons found to have allegedly committed a violation. A notice of violation is typically accompanied with an administrative monetary penalty (AMP or penalty) based on the severity, number of alleged violations and a variety of other relevant factors.
You can receive a notice of violation if the investigation staff believes that you have committed violations of the VCR under the Canada Elections Act.
Important timelines
The person that receives the notice of violation typically has 30 days to pay the penalty or submit representations to the CRTC for a review. Refer to the notice of violation to confirm the deadline.
How to respond
If you agree with the notice of violation
- You pay the penalty to the Receiver General. The instructions can be found in the notice of violation.
If you disagree with the notice of violation
- You can contact the investigation staff and come to a formal agreement. The contact information can be found in the notice.
- Alternatively, you can formally request that the CRTC review the notice of violation by submitting written representations to the CRTC.
- Representations should address the questions that the CRTC has to answer during its review, mainly whether you committed the violations and whether the penalty is appropriate.
- Any documentation that supports your arguments should be submitted with your representations.
- Representations can be submitted to the CRTC by regular mail, fax or My GcKey. Refer to the notice of violation for specific details.
If you choose not to pay the penalty and do not respond to the notice of violation
- You will be deemed to have committed the violations and the CRTC will determine whether to impose the penalty.
- A decision will be rendered even in the absence of representations.
Things to keep in mind when requesting a CRTC review
- The payment of the penalty is suspended until the CRTC renders a review decision.
- Once representations have been submitted, a typical CRTC review proceeding will not provide you with another opportunity to submit additional information.
- The CRTC makes its decision based on the record of the proceeding, which includes the notice of violation, the investigation report and the accompanying evidence that you received, as well as your representations and supporting documentation.
- In the decision, the CRTC will determine, on a balance of probabilities, whether the violations set out in the notice were committed by that person and if so, whether the proposed penalty set out in the notice of violation is appropriate.
- The decision will be sent to the person and will be made public on the CRTC’s website on the same day. A new deadline will be provided for payment if a penalty is imposed.
For additional information, refer to Information Bulletin 2023-368, (see section Procedural guidelines starting at paragraph 73).
Citation
Citations are an alternative enforcement measure used by the investigation staff when there is a problem identified under the VCR. They can be sent to any person the investigation staff believes to be in violation of the VCR.
Why you received this letter
The investigation staff believes that you are in violation of the VCR, but the severity, number of violations and a variety of other factors do not warrant the issuance of a notice of violation.
Important timelines
You typically have 14 days to respond to the citation. Refer to the citation to confirm the deadline.
How to respond
If you agree with the citation
- You should confirm receipt of the citation and indicate you intend on implementing the corrective measures proposed in the citation.
- You should implement the corrective measures proposed in the citation as soon as possible.
If you disagree with the citation
- You can submit written representations to the investigation staff.
- Representations should establish that you have a valid defence.
- Any documentation that supports your arguments should be submitted with your representations.
- Representations can be submitted to the investigation staff by regular mail, fax or email. Refer to the citation for specific details.
Things to keep in mind regarding citations
- The responsibility is on you to respond to the citation within 14 days and provide sufficient details for the investigation staff to assess the validity of your defense.
- Citations are published on the CRTC’s website 30 days after issuance unless a valid defence is made.
- Citations identify the person and provisions at issue but are not accompanied by a penalty.
- Citations do not reflect formal findings by the CRTC.
For additional information, refer to paragraphs 53 to 56 of Information Bulletin 2023-368.
Warning letter
Warning letters are an alternative enforcement measure used by the investigation staff to ensure compliance with the VCR. They can be addressed to any person the investigation staff believes to be in possible violation of the VCR.
Why you received this letter
The investigation staff believes that you are in possible violation of the VCR, but the severity, number of violations and a variety of other factors do not warrant a stronger enforcement measure.
Important timelines
You should implement the corrective measures proposed in the letter to resolve the problem and prevent further violations as soon as possible.
How to respond
- There are no obligations to respond to a warning letter, and there is no formal review mechanism for warning letters. However, you should implement the corrective measures proposed in the letter.
Things to keep in mind regarding warning letters
- Warning letters are not published on the CRTC’s website, but may be referenced in other CRTC reports or communications.
- Warning letters do not reflect formal findings by the CRTC.
- A warning letter does not prevent the investigation staff from imposing other enforcement measures if the proposed corrective measures have not been implemented.
For additional information, refer to paragraphs 57 to 59 of Information Bulletin 2023-368.
Related links
- Enforcement processes: Canada’s Anti-Spam Legislation (CASL)
- Enforcement processes: Unsolicited Telecommunications Rules (UTR)
- Compliance and enforcement processes: What you should know
- Enforcement actions
- Information Bulletin 2023-368
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