Guidance for the insurance industry

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

An insurance agent is someone who promotes or sells insurance products for one particular insurance company. Therefore, an agent making telemarketing calls is considered to be acting on behalf of that company. In that situation, the insurance company, not the agent, is responsible for ensuring they comply with the Unsolicited Telecommunications Rules.

An insurance broker, however, promotes or sells insurance products for more than one company. Indeed, part of a broker's service is to help a consumer find the insurance product or service that best meets their needs. As such, an insurance broker engaging in telemarketing is considered to be acting on their own behalf. Therefore, the broker is responsible for registering with and subscribing to the National Do Not Call List and complying with the Unsolicited Telecommunications Rules.

Avoiding liability

An insurance company is liable for the actions of its employees and any lead generators used by the company or its agents. An insurance broker 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 an insurance company, 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)

• Insurance agent making telemarketing on behalf of an insurance company or brokerage

  The insurance company or brokerage must:

  • register with the National Do Not Call List
  • purchase a subscription to every area code on the National Do Not Call List the agent intends to call
  • download this subscribed list every 31 days
  • maintain an internal do not call list

  
  

  The agent must:

  • ensure the company or brokerage has met the above requirements
  • 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 company or brokerage 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
• Insurance company or brokerage hiring a lead generator to make calls

  The insurance company or brokerage 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 lead generator downloads an updated list of numbers from the National Do Not Call List no later than every 31 days
  • ensure the lead generator does not call any number on either the National Do Not Call List or your internal do not call list
  • 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 2009-282 | 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
• Financial dealers (investments and mutual funds) and advisors
• 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