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Bill C-419

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2nd Session, 36th Parliament,
48 Elizabeth II, 1999-2000

The House of Commons of Canada

BILL C-419

An Act to amend the Telecommunications Act (restrictions on telemarketing)

1993, c. 38

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Telecommunications Act is amended by adding the following after section 41:

Telemarketing

41.1 (1) In subsections (2) to (6), ``telemarketing'' means the practice of making an unsolicited telephone call or sending an unsolicited facsimile, by wire or by cell, radio, satellite or other wireless means of communication, and whether made or sent by an individual or automatically by any device or equipment, for the purpose of selling products or services or soliciting opinions or preferences respecting the use or acquisition of products or services, and "telemarketer" has a corresponding meaning.

``No telemarketing' ' list

(2) The Commission shall establish by regulation a process whereby any person may, in the manner prescribed by the regulations, place a record on a list to be maintained by the Commission that the person wishes to receive no telemarketing at the telephone of which the person specifies the number.

Removing name from list

(3) A person who places a record on the list pursuant to subsection (2) may have the record removed from the list by notice to the Commission in the manner prescribed by the regulations.

Publication of list

(4) The list referred to in subsection (2) shall be published electronically by the Commission no less than four times a year.

Telemarketer to respect list

(5) Every telemarketer must ensure that no telephone number on the list referred to in subsection (2) is subjected to telemarketing by the telemarketer or by anyone employed by, contracted to or under the control of the telemarketer or by means of any device or equipment owned or leased by or under the control of the telemarketer.

Offence

(6) Every telemarketer who contravenes subsection (5) is guilty of an offence.