ARCHIVED - Notice of Violation: Westmar Realty Ltd.
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Ottawa, 22 October 2019
NOTICE OF VIOLATION
File No.: PDR 9174-2790
To: Westmar Realty Ltd.
Address:
203-5188 Westminster Hwy.
Richmond, British Columbia
V7C 5S7
Issue Date of Notice: 22 October 2019
Penalty: $10,000
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 Westmar Realty Ltd. to have committed the following violations contrary to the Canadian Radio-television and Telecommunications Commission’s Unsolicited Telecommunications Rules (the Rules) made under section 41 of the Act.
On and between 27 March 2018 and 8 November 2018, telemarketing telecommunications were made on behalf of an agent of Westmar Realty Ltd., 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 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; and
- Part III, section 3 of the Rules, which states that a telemarketer shall not initiate a telemarketing telecommunication on behalf of a client unless that client has registered with, and provided information to, the National DNCL operator, and all applicable fees charged by the Complaints Investigator delegate associated with that client have been paid.
Pursuant to section 72.16 of the Act, a person is liable for a violation that is committed by an employee, or an agent or mandatary, of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee, 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 of $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.
Alain Garneau
Director - Compliance and Enforcement Sector
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