Национальный список "Не беспокоить" в Канаде

Do not call list for residents of Canada
Canada's National Do Not Call List

The National Do Not Call List (DNCL) is a list administered by the Canadian Radio television and Telecommunications Commission (CRTC) that enables residents of Canada to decide whether or not to receive telemarketing calls. It was first announced by the Government of Canada on 13 December 2004. The DNCL has been labelled a "disaster" and over a decade after the law's creation, many telemarketers are either unaware or do not follow the rules imposed by the DNCL. The DNCL continues to receive heavy criticism, the latest being from Senator Percy Downe who referred to it as "totally useless", due to the costly but totally ineffective enforcement, the large number of exempt groups and the ability for anyone from anywhere in the world to purchase sets of phone numbers for relatively low fees, and then abuse the Do Not Call List as a calling list. Senator Downe cited multiple examples of constituents, whom he had personally added to the list, receiving a sudden increase in telemarketing calls three months later. On 20 April 2009, the CRTC announced that telephone and fax numbers on the list would be listed on the DNCL for five years, extended from the three years at the list's inception. Numbers are now on the list indefinitely.

Legislation entitled Bill C 37, An Act to amend the Telecommunications Act, introduced in the House of Commons, was given first reading on 13 December 2004. Starting 30 September 2008, residents of Canada were able to register their telephone numbers on the list online, or by telephone, fax or teletype. Telemarketing calls from organizations with whom residents have an existing business relationship are also exempt. requires that every exempted telemarketer "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 ". Unlike the DNCL Rules, the Act itself makes no provision for a grace period or expiry, so all do not call requests must be honoured immediately and permanently. In letters dated 27 June 2008, to the Canadian Marketing Association (CMA) and the Canadian Bankers Association (CBA), CRTC Chairman Konrad von Finckenstein personally ruled that do not call requests from third parties, such as iOptOut. ca, are to be considered " as valid requests and must be honoured." Due to its overwhelming popularity, iOptOut. ca is currently being upgraded and improved. On 13 November 2008, the CRTC declined a request from telecommunications provider Rogers Wireless to permit Canadian wireless customers to block unsolicited SMS text messages through the DNCL.

The privacy benefits the list will achieve remain uncertain. A working group of the CRTC held hearings concerning the planned implementation of the list. It submitted recommendations on 26 July 2006. On 3 July 2007, the CRTC announced it would be issuing a request for proposals to suppliers willing to provide this service. On 21 December 2007, the CRTC announced that it had picked Bell Canada to operate the National Do Not Call List for five years. It is funded from subscription fees paid by telemarketers, rather than relying on fees by end citizens. It became operational on 30 September 2008.

Michael Geist, professor of law at the University of Ottawa, has criticized the changes adopted in the amended Act. He observed that the legislation contained too many exemptions which would not result in a significant decrease in calls for subscribers of the DNCL. Geist expressed particular concern about the extent and duration of the existing business relationship exception. In a 2009 article for the Toronto Star, Geist labelled the CRTC's do not call list a "disaster" and recommended that parliament return to the original version of Bill C 37 by eliminating all exemptions. He further recommended cross border cooperation to resolve jurisdictional issues and immediate tough enforcement to send a strong signal to violators. In November 2008, it was reported that the CRTC had received thousands of complaints from individuals about the implementation of the Do Not Call List. People reported that they had actually experienced a notable increase in the number of calls since registering for the list, and were starting to get calls at cellular phone numbers that had never received telemarketing calls before. However, a VoxPop study found that 80% of those registered on the DNCL had noticed a reduction in calls, while 13% had seen an increase. The study concluded that the most likely explanation for the increase was due to timing of the launch of the DNCL with the financial crisis of 2007–2010 which was hitting American and other foreign companies harder than Canadian, and where unscrupulous telemarketers that did not care about Canadian laws were using random dialers to find new business. In January 2009, numerous media and consumer advocacy organizations reported that anyone can use false information pretending to be a telemarketer and download a set of numbers from the list for a $50 fee. It took their reporter ten minutes to do so. It has been proposed that list may be being downloaded and used as a telemarketing list overseas, where there's little that can be done as the CRTC has no jurisdiction outside of Canada. Konrad von Finckenstein, Chair of the CRTC, responded to these allegations on 16 June 2009, labeling them an urban myth, and stating that the Government had looked into the claims and that there was "no evidence to substantiate them".