ARCHIVED - Notice of Violation: Just Energy Corp.
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Ottawa, 31 March 2016
File No.: PDR 9174-1489
To: Just Energy Corp.
6345 Dixie Road, Suite 200
Mississauga, Ontario L5T 2E6
Date of Notice: 31 March 2016
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 Just Energy Corp. 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:
Between 5 March 2012 to 15 July 2014, Just Energy Corp. authorized a third party to initiate voice telemarketing telecommunications on its behalf, resulting in violations of:
- Part II, section 4 of the Rules which states that a telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate, a telemarketing telecommunication to a consumer's telecommunications number that is on the National DNCL, unless express consent has been provided by such consumer to be contacted via a telemarketing telecommunication by that telemarketer or the client of that telemarketer;
- Part II, section 7 of the Rules which states that a telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client is a registered subscriber of the National DNCL and the applicable fees to the National DNCL operator associated with that client's subscription have been paid.
- Part II, section 13 of the Rules which states that a telemarketer and a client of a telemarketer shall use a version of the National DNCL obtained from the National DNCL Operator no more than thirty-one (31) days prior to the date that any telemarketing telecommunication is made.
- Part III, section 15 of the Rules which states that a telemarketer shall not initiate, and a client of a telemarketer shall make all reasonable efforts to ensure that the telemarketer does not initiate a telemarketing telecommunication on behalf of the client to a consumer who is or should be on the client’s internal do not call list.
Pursuant to section 72.16 of the Act, a person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violations identified above is $240,000.
The penalty of $240,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Chief Compliance and Enforcement Officer
Cadre en chef de la conformité et des enquêtes
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