Notice of Violation: 9463-3377 Québec inc. (ONI Call Group)
File No.: PDR 9174-3387
To: 9463-3377 Québec inc. (ONI Call Group)
Address:
3960, 49e avenue
Laval, Québec
H7R 5K5
Issue Date of Notice: 6 November 2023
Penalty: $6,000
Payment Due: $1,500 due on 1 December 2023; $1,500 due on 1 May 2024; $1,500 due on 1 December 2024; and $1,500 due on 1 May 2025.
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 9463-3377 Québec inc. (ONI Call Group) 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 15 April 2021 and 15 April 2023, telemarketing telecommunications were made on behalf of ONI Call Group, 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 III, section 23 of the Rules, which states that, subject to 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). The hours refer to those of the consumer receiving the telemarketing telecommunication.
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 in accordance with the Act.
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violation identified above is in the amount of $6,000.
The penalty must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act, no later than 1 May 2025.
Alain Garneau
Director - Compliance and Enforcement Sector
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