Guidance for financial dealers (investments and mutual funds) and advisors

Different industries have obligations and responsibilities in regards to the Unsolicited Telecommunications Rules and the National Do Not Call List (National DNCL). Find out more about the guidelines and how to comply with the rules.

On this page

• Registration and Subscription to the National Do Not Call List
• Avoiding liability
• Situations and responsibilities
• More information
• Guidance for other industries

Registration and subscription to the National Do Not Call List

In this industry, the responsibility for ensuring compliance with the Unsolicited Telecommunication Rules is on the person or company on whose behalf the telemarketing calls are being made.

For example, if a financial advisor (an employee or an independent agent) is making calls on behalf of the dealer, the dealer is liable for any violations of the Unsolicited Telecommunication Rules made by an advisor. If the advisor is making calls on their own behalf, the advisor is liable for any violations.

Avoiding liability

A dealer is liable for the actions of its employees and any lead generators used by the company or its agents. An advisor, who is making calls on their own behalf, is liable for the actions of any lead generator they hire. (A lead generator is a company that is hired to make telemarketing calls.)

If you own a dealership, make sure your agents and any lead generators they (or you) hire are fully compliant with the Unsolicited Telecommunications Rules. If a lead generator says they will take care of registering and subscribing to the National Do Not Call List, they may be non-compliant. As a result, you could be held liable for any violations that occur while they are calling on your behalf.

Situations and responsibilities (dealers, advisors, lead generators)

• Advisor (employee or agent) making telemarketing calls on behalf of a financial dealer

  The dealer must:

  • register with the National Do Not Call List
  • maintain an internal do not call list
  • purchase a subscription to every area code being called
  • download the subscribed National Do Not Call List every 31 days
  • scrub the call list against the downloaded list and their internal do not call list
  • ensure the advisor does not call any consumer telephone number on any of these lists
  • ensure they follow all Unsolicited Telecommunication Rules
• Advisor making telemarketing calls on their own behalf

  The advisor must:

  • ensure your company is registered with the National Do Not Call List
  • purchase a subscription to every area code on the National Do Not Call List that they intend to call
  • download this subscribed list every 31 days
  • maintain an internal do not call list
  • scrub your call list against the downloaded list and any internal do not call lists (your own list and the dealer’s list, if any)
  • ensure you do not call any consumer telephone number on any do not call list
  • ensure you follow all Unsolicited Telecommunication Rules
• Dealer or advisor hiring a lead generator to make telemarketing calls on their behalf

  The person paying for the lead generation services (dealer or advisor) must:

  • register with the National Do Not Call List
  • purchase a subscription to the National Do Not Call List that includes every area code being called
  • maintain an internal do not call list
  • provide the lead generator with:
    • the list of numbers included in your subscription
    • a copy of your internal do not call list
  • make sure the list of numbers from the National Do Not Call List used by the lead generator is updated no later than every 31 days
  • ensure the lead generator does not call any number on either the National Do Not Call List or on internal do not call lists
  • ensure the lead generator knows they must follow the Unsolicited Telecommunication Rules

  
  

  The lead generator must:

  • confirm your client has a valid registration and subscription to the National Do Not Call List
  • download an updated list of numbers for the subscribed area codes no later than every 31 days
  • scrub the call list against the subscribed list and your client’s internal do not call lists
  • ensure you follow all Unsolicited Telecommunication Rules

More information

• Unsolicited Telecommunications Rules: Know your obligations
• Telecom Information Bulletin CRTC 2010-600 | CRTC
• Frequently asked questions about registration and subscription
• How to register with the National Do Not Call List

Guidance for other industries

• The real estate industry
• The insurance industry
• Mortgage brokers
• Car dealerships
• HVAC, heating and cooling, and duct cleaning companies
• All other industries

The information provided herein is guidance provided by the Canadian Radio-television and Telecommunications Commission, and should not be considered comprehensive, nor legally binding. If you are still unsure of your compliance with the Unsolicited Telecommunications Rules, consider engaging the assistance of private regulatory legal counsel.

Date modified:

2024-02-19