ARCHIVED - Notice of Violation: Sun Solar Technologies Inc.
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File No.: 9174-2877
To: Unconquered Sun Solar Technologies Inc.
11600 County Road 42
Tecumseh, Ontario N8N 2M1
Issue Date of Notice:
12 December 2019
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 Unconquered Sun Solar Technologies Inc. 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 and between 17 April 2018 and 11 March 2019, telemarketing telecommunications were made by Unconquered Sun Solar Technologies Inc, resulting in violations of:
- Part II, section 4 of the Rules, which state 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 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; and
- Part III, section 23 of the Rules, which states that a telemarketing telecommunication is restricted to the following hours: 9:00 a.m. to 9:30 p.m. on weekdays (Monday to Friday); and 10:00 a.m. to 6:00 p.m. on weekends (Saturday and Sunday). The hours refer to those of the consumer receiving the telemarketing telecommunication.
Pursuant to section
72.02 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 in accordance with this Act.
Pursuant to section 72.01 of the Act, the undersigned has determined that the total penalty for the violations identified above is of $18,000.
The penalty of $18,000 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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