CRTC seeks comments on setting penalty amounts for violations of the Voter Contact Registry

OTTAWA-GATINEAU, Nov. 17, 2014 /CNW/ - The Canadian Radio-television and Telecommunications Commission (CRTC) today invited Canadians to comment on the factors that should be considered when setting the penalty amounts for violations of the Voter Contact Registry.

As part of recent amendments to the Canada Elections Act and the Telecommunications Act, the CRTC will be responsible for establishing and maintaining a Voter Contact Registry during federal elections.    

Political entities, including candidates and political parties, corporations, trade associations and other persons or groups using calling service providers to make voter contact calls, either live or using an automatic dialing and announcing device (automatic dialer), will need to register with the CRTC within 48 hours of making the first call. The calling service provider will also need to register.  

In addition, anyone using their own internal services to make voter contact calls using an automatic dialer will have to register with the CRTC.  With the exception of third parties who are corporations or groups, those who make live voter contact calls using their own internal services will not have to register. 

Registrants will be required to complete a registration notice, providing certain identifying information that may include their name, address and telephone number, as well as information on the types of calls they intend to make or have made.  They will also be required to file a piece of identification authorized by the CRTC at the same time.

The CRTC will work to ensure compliance with these requirements, and will be able to impose monetary penalties, ranging from a maximum of $1,500 for individuals to $15,000 for corporations for each violation. Possible factors that would help determine the amount of a penalty could include:

• the nature of the violation
• the number and frequency of complaints and violations
• the relative disincentive of the penalty
• the potential for future violations
• whether the person or group has a history of previous violations, and
• the person's or group's ability to pay the penalty.

Canadians are invited to share their views on these factors, as well as suggest others, by December 17, 2014. They may do so by:

• filling out the online form
• writing to the Secretary General, CRTC, Ottawa, ON, K1A 0N2, or
• sending a fax at 819-994-0218.

Quick facts

• The CRTC is responsible for establishing and maintaining a Voter Contact Registry during federal elections.
• The CRTC is seeking comments on the factors that should be considered when setting monetary penalties for violations of the Voter Contact Registry.
• Certain entities engaged in voter contact calls using an automatic dialer will have to register with the CRTC within 48 hours of the first call being made.

Quote

"The CRTC is looking forward to doing its part to help protect Canadians from rogue or misleading calls during a federal election. While our main objective is to ensure those making calls are familiar with the new requirements, we will have the ability to impose monetary penalties for violations. Based on our experience in enforcing the telemarketing and anti-spam rules, we have set out a list of factors that could be considered in setting the amounts. We look forward to receiving comments on the proposed factors."

Jean-Pierre Blais, Chairman of the CRTC

Related product
Compliance and Enforcement Notice of Consultation CRTC 2014-598

Related links
It's Your CRTC: Here's How to Have Your Say!
For more detail on potential violations, please consult the Fair Elections Act

SOURCE: Canadian Radio-television and Telecommunications Commission

Follow us on Twitter: @CRTCeng; Media relations: Tel.: [phone]; Fax: [phone], General inquiries: Tel.: [phone], TDD: 819-994-0423; Fax: [phone], Toll-free No.: 1-877-249-CRTC (2782), TDD - Toll-free No.: 1-877-909-CRTC (2782); Ask a question or make a complaint: http://www.crtc.gc.ca/rapidsccm/register.asp?lang=e; These documents are available in alternative format upon request.