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Privacy and Security
Proactive Disclosure

Key facts for exempt telemarketers

The National Do Not Call List (DNCL) is designed to reduce the number of unwanted telemarketing calls and faxes Canadians receive.

There are two types of telemarketers. Regular telemarketers are those who make calls or send faxes to sell or promote a product or service, or to request donations. Exempt telemarketers include registered charities, newspapers, political parties and companies that have an existing commercial relationship with consumers, as well as organizations that conduct market research, polls and surveys.

1. Am I a regular telemarketer?

• If you make calls or send faxes to sell or promote a product or service, or to request donations, then you are a telemarketer.
• If you hire a third-party agency to make telemarketing calls or send faxes on your behalf, both you and the agency must follow the Unsolicited Telecommunications Rules.
• Calls made for the purpose of market research, polls or surveys are not considered telemarketing calls.

2. Am I an exempt telemarketer?

• Certain telemarketing calls and faxes are exempt from the National DNCL Rules, and those who make them are referred to as exempt telemarketers.
• Exempt telemarketers include:
  • registered charities raising funds
  • newspapers looking for subscriptions
  • political parties and their candidates, and
  • companies with whom consumers have an existing commercial relationship; for example, if a consumer has done business with a company in the previous 18 months--such as a carpet-cleaning company--that consumer can be called.
• The National DNCL Rules also do not apply to telemarketing calls and faxes directed to businesses.
• Don't assume that your calls are exempted. For the full details, see Part II of the Unsolicited Telecommunications Rules and the Telecommunications Act.

3. Registration

• Even if you only make exempt calls or send exempt faxes, you must still register with the National DNCL.
• Register online at www.LNNTE-DNCL.gc.ca. There is no charge for registration.
• While registration is mandatory, you do not have to purchase a subscription to, or download, the National DNCL if you only make calls and faxes that are exempted.

4. Maintaining your own do not call list

• You must maintain your own do not call lists even if you only make calls or send faxes that are exempt from the National DNCL.
• If a consumer asks not to be contacted, you must add their name and number to your own do not call list within 31 days.
• You cannot call or send faxes to the consumers on your own do not call lists.

5. Other responsibilities

• You are responsible for making sure your calling lists are current, and that you do not call home phone, cellular or fax numbers that are on your do not call list.
• You must comply with the Telemarketing Rules at all times. For example, you can only make calls and send faxes at certain times of the day, and you must identify yourself at the beginning of every call.
• You must also comply with the Automatic Dialing and Announcing Device Rules, which are devices that dial telephone numbers automatically and deliver a pre-recorded message.

6. Complaints and enforcement

• Canadians can make a complaint through the National DNCL website (www.LNNTE-DNCL.gc.ca) or by calling the toll-free numbers 1-866-580-DNCL (1-866-580-3625) or 1-888-DNCL-TTY (1-888-362-5889).
• The CRTC will investigate complaints and can penalize telemarketers found to be in violation of the Unsolicited Telecommunications Rules, which include the Telemarketing Rules, National DNCL Rules and Automatic Dialing and Announcing Device Rules.
• The CRTC can levy penalties of up to $1,500 for an individual and up to $15,000 for a corporation, for each violation.