Notice of Violation: Dominion Newenergy Inc.
Ottawa, 30 April 2020
NOTICE OF VIOLATION
File No. : PDR 9174-2850
To: Dominion Newenergy Inc.
100-16766 Rte Transcanadienne
Date of Notice and Payment: 30 April 2020
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 Dominion Newenergy 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 25 March 2017 and 25 March 2019, telemarketing telecommunications were made on behalf of Dominion Newenergy Inc. 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 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;
- Part III, section 23 of the Rules, which states that subject to Part III, section 24, 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), where the hours refer to those of the consumer receiving the telemarketing telecommunication.
As per 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 total penalty for the violations identified above is of $43,000.
The penalty of $43,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Director – Telecommunication Enforcement
Compliance and Enforcement Sector
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