Notice of Violation: Sirius XM Canada Inc.
File No.: PDR 9174-3160
To: Sirius XM Canada Inc.
Address:
351 King St. East, Suite 1000
Toronto, Ontario
M5A 0L6
Issue Date of Notice: 10 January 2024
Penalty: $225,000
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 Sirius XM Canada Inc. (Sirius XM) 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 1 June 2021 to 30 November 2022, telemarketing telecommunications were made on behalf of Sirius XM 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 15 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 on behalf of the client to a consumer who is or should be on the client's do not call list.
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 this Act
Pursuant to section 72.01 of the Act, the undersigned has determined that the penalty for the violation identified above is $225,000.
The penalty of $225,000 must be paid to "The Receiver General for Canada" in accordance with subsection 72.09(3) of the Act.
Steven Harroun
Chief Compliance and Enforcement Officer
- Date modified: