ARCHIVED - Notice of Violation
This page has been archived on the Web
Information identified as archived on the Web is for reference, research or recordkeeping purposes. Archived Decisions, Notices and Orders (DNOs) remain in effect except to the extent they are amended or reversed by the Commission, a court, or the government. The text of archived information has not been altered or updated after the date of archiving. Changes to DNOs are published as “dashes” to the original DNO number. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, you can request alternate formats by contacting us.
Ottawa, 29 May 2013
File No.: PDR 9174-1374
To: Conservative Fund Canada, Chief Agent for the Conservative Party of Canada
Name: Mr. Irving R. Gerstein, C.M., O. Ont., Chair
Address:
Suite 1204, 130 Albert Street
Ottawa ON K1P 5G4
Issue Date of Notice:
29 May 2013
Penalty: $78,000
Payment Due: 28 June 2013
Pursuant to sections 72.02 and 72.07 of the Telecommunications Act, S.C. 1993, c. 38 (the Act), the undersigned has issued this notice of violation finding, Conservative Fund Canada, Chief Agent for the Conservative Party of Canada (the CPC) to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s (CRTC’s) Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act:
On 31 January and 1 February 2013, 190,693 unsolicited telecommunications were made on behalf of the CPC, using an Automatic Dialing-Announcing Device (ADAD) without beginning with a clear message identifying the person on whose behalf the telecommunication was made and including a mailing address and a local or toll-free telecommunications number at which a representative of the originator could be reached contrary to Part IV, subsection 4d) of the Rules.
Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the violations identified above is $78,000.
A copy of the investigation report, including all of the evidence supporting these findings, is attached to this notice.
The penalty of $78,000 must be paid to “The Receiver General for Canada” in accordance with 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 shall 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: 28 June 2013
Pursuant to paragraph 72.07(2)(b) of the Act, the CPC has thirty (30) days after the notice of violation is served to pay the penalty or to make representations.
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.
Representations may only be made in writing and should be submitted to:
Secretary General
Canadian Radio-television and Telecommunications Commission (CRTC)
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 9174-1374
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 and 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.
If no representations are made and the CRTC imposes the penalty set out in this notice, any amount owing that is not paid by the due date set will be assessed interest 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 measures for any amounts owing after the due date. Measures available to the CRTC include referring the debt to the Canada Revenue Agency for refund set-off; referring the debt to a debt collection agency; and recovery of the debt through proceedings in the Federal Court by way of, for example, seizure and sale of assets or garnishment of revenues.
Andrea Rosen
Chief Compliance and Enforcement Officer
- Date modified: