> Telemarketing Update: Federal Government Announces Proposed New Financing of Do Not Call List (Telemarketing) Investigations | COMPETITION LAW

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On April 29, 2012, the Federal Government announced proposed amendments to the Telecommunications Act that, if passed, would allow the CRTC to recover the cost of Do Not Call List investigations and enforcement efforts directly from the telemarketing industry in the form of fees.

In making the announcement, the Government said:

“Today, the Honourable Christian Paradis, Minister of Industry and Minister of State (Agriculture), announced additional action to protect consumers through sustainable funding for the National Do Not Call List.

‘The National Do Not Call List is a successful program that many Canadians rely on to protect them from unwanted telemarketing calls,’ said Minister Paradis. ‘Today’s announcement reinforces our government’s commitment to protecting consumers.’”

This new proposed initiative to assist with the financing of Do Not Call List investigations and enforcement would be implemented through amendments to the Telecommunications Act, introduced as part of provisions in the federal Jobs, Growth and Long-term Prosperity Act, introduced late last week in the House of Commons (see: Bill C-38).

Other proposed changes as part of Bill C-38 include increasing the transparency of Canada’s Investment Canada Act review process (see: Federal Government announces Investment Canada Act changes to add transparency to Canadian foreign investment review process).

The Government also announced upcoming consultations on the proposed new fee structure for Do Not Call List investigations and enforcement, which, if passed, would come into effect in the Spring of 2013.

Canadian enforcement authorities, including the Competition Bureau and the CRTC, have recently been distinctly more aggressive in seeking penalties in a variety of advertising and marketing law cases – for example the recent sweeping enforcement steps taken by the CRTC against 85 companies for violating Canada’s telemarketing rules: 85 companies face CRTC telemarketing enforcement action.

For the Federal Government’s news release see:

Harper Government Takes Action to Protect Consumers

For more about the regulation of telemarketing in Canada see:

Do Not Call List

Telemarketing

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