Notice of Violation: Nineb Capital Inc.
File No.: PDR 9174-3328
To: Nineb Capital Inc.
Address:
250-8150 boul. Métropolitain
Montréal, Québec
H1K 1A1
Issue Date of Notice: 4 February 2025
Penalty: $24,000
Payment Due: according to section 5.1 of the agreement
Pursuant to section 72.07 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding Nineb Capital Inc. to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC’s) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act:
From March 2021 to October 2022, telemarketing telecommunications were made by or on behalf Nineb Capital Inc. resulting in violations of:
- Part III, section 2 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it has registered with, and provided information to, the National DNCL operator, and has paid all applicable fees charged by the Complaints Investigator delegate; and
- Part III, section 23 of the Rules, which states that subject to section 24, a telemarketing telecommunication is restricted to the following hours: 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday); and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday). The hours refer to those of the consumer receiving the telemarketing telecommunication.
As per section 72.16 of the Act, a person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is $24,000.
The penalty of $24,000, payable according to the terms outlined in section 5.1 of the agreement signed between the parties on 28 January 2025, must be paid to the Receiver General of Canada, in accordance with subsection 72.09(3) of the Act.
Alain Garneau
Director – Telecommunications Enforcement
- Date modified: