Notice of Violation: of Via Capitale du Mont-Royal (9034-1496 Québec Inc.)
NOTICE OF VIOLATION
File No.: PDR 9174-1588
To: Ms. Nathalie Clément, Via Capitale du Mont-Royal (9034-1496 Québec Inc.)
1152 Mont-Royal Avenue East
Montreal, Quebec, H2J 1W8
Issue Date of Notice: 17 January 2017
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 Via Capitale du Mont-Royal to have committed the following violations contrary to the Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act:
On and between 12 November 2013 to 15 April 2015 telemarketing telecommunications were made by Via Capitale du Mont-Royal 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 Do Not Call List (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 6 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it is a registered subscriber of the National DNCL and has paid all applicable fees to the National DNCL Operator;
- Part III, section 2 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on its own behalf unless it has registered with, and provided information to, the National DNCL Operator, and has paid all applicable fees charged by the Complaints Investigator delegate.
Section 72.16 of the Act stipulates that 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 total penalty for the violations identified above is $10,000.
The penalty of $10,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Director - Telecommunications Enforcement
Directeur - Mise en application, Télécommunications
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