ARCHIVED - Notice of Violation
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Ottawa, 30 November 2009
File No : PDR 9174-445
To : Aloplast Duke Windows & Doors Inc
Name: Dov Weig,
President
Address:
2727 Steeles Ave W
Suite # 200, Toronto, Ontario
M3J 3G9
Issue Date of Notice: 30 November 2009
Penalty: $6,000
Payment Due: 30 December 2009
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 that Aloplast Duke Windows & Doors Inc., has committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s Unsolicited Telecommunications Rules made under section 41 of the Act:
Between the dates of approximately 4 November 2008 and 20 October 2009, two telemarketing telecommunications were made by Aloplast Duke Windows & Doors Inc. to consumers whose telecommunication numbers were registered on the National Do Not Call List (DNCL) in violation of Part II, section 4 of the Unsolicited Telecommunications Rules. The two telemarketing telecommunications were made when Aloplast Duke Windows & Doors Inc. was not a registered subscriber of the National DNCL and had not paid all applicable fees to the National DNCL operator in violation of Part II, section 6 and of Part III section 2 of the Unsolicited Telecommunications Rules.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for each of the six violations identified above is $1,000, for a total penalty of $6,000.
A copy of the investigation report, including all of the evidence supporting these findings, is attached to this notice.
The penalty of $6,000 must be paid to "The Receiver General for Canada" as stated in subsection 72.09(3) of the Act.
Payment must be received on or before the payment due date identified in this notice. Payment should be mailed to the following address:
Canadian Radio-television and Telecommunications Commission (CRTC)
Ottawa, Ontario, Canada K1A 0N2
Attn.: Director General, Finance and Administrative Services
or sent by courier to the following address:
Canadian Radio-television and Telecommunications Commission (CRTC)
Les Terrasses de la Chaudière
Central Building
1 Promenade du Portage
Gatineau, Quebec, Canada J8X 4B1
Attn.: Director General, Finance and Administrative Services
Payment must be made by certified cheque or money order payable to "The Receiver General for Canada". A copy of this notice should accompany the payment.
The penalty must be paid before the following date:
30 December 2009
If you wish to have this notice of violation reviewed by the CRTC, you may, pursuant to paragraph 72.07(2)(b) of the Act, make written representations with respect to the violations to the CRTC before the date indicated above. If you choose to make representations relating to the amount of the penalties set out in this notice, such representations must include the most recent audited financial statements of the entity named in this notice. If audited financial statements are unavailable, you are to provide unaudited financial statements signed by a senior officer of the entity named in this notice, attesting to the accuracy of the financial statements.
Representations may only be made in writing and should be submitted to:
Secretary General
Canadian Radio-television and Telecommunications Commission (CRTC)
Ottawa, Ontario, Canada, K1A 0N2
File No.: PDR 9174-445
Pursuant to paragraph 72.07(2)(c) and subsection 72.08(3) of the Act, if you do not pay the penalty specified in this notice OR make representations in accordance with this notice, you will be deemed to have committed the violations outlined in this notice, and the CRTC may impose the penalty.
Pursuant to subsection 72.08(1) of the Act, if full payment of the specified amount is received, you will be deemed to have committed the violations. Payment will be accepted in complete satisfaction of the penalty and no further action will be taken.
Payment or representations must be actually received, not merely sent, by the date set out above.
Where representations are not made, any penalty not paid by the due date will be assessed interest on the unpaid amount beginning on the due date and ending on the day before the day on which payment is received by the CRTC. The CRTC will charge interest calculated and compounded monthly at the average bank rate plus three percent (3%). The CRTC will pursue collection easures for any amounts owing after the due date, which may include setting-off such amounts against any defunds-owing to the debtor by the Canada Revenue Agency.
Len Katz
Vice-Chairman
Telecommunications
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