Guidance for mortgage brokers

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

The rules for mortgage brokers depend on the type of agent conducting the telemarketing calls:

Employees and captive agents. Captive agents are those who are employed by the mortgage brokerage. In this situation, the brokerage must be registered with and have a subscription to the National Do Not Call list (DNCL). The company can then share this with its agents. In this situation, the company is responsible for the actions of its agents.

Independent agents. Independent agents working with a brokerage must each have their own registration with and subscription to the National DNCL. In this situation, the agents’ responsibility will be established on a case-by-case basis – the company (brokerage) could be responsible, or not, for the actions of its agents.

Avoiding liability

The brokerage is liable for the actions of its employees and captive agents and any lead generators used by the company or its agents. The independent agents are 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 brokerage, 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)

• Employee or captive agent making telemarketing on behalf of the brokerage

  The 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 brokerage or agent must:

  • scrub the call list against the downloaded list and the internal do not call list
  • ensure they do not call any consumer telephone number on any do not call list
  • ensure they follow all Unsolicited Telecommunication Rules
• Independent, self-employed agent making telemarketing calls on their own behalf

  The agent must:

  • register with the National Do Not Call List
  • purchase a subscription to every area code on the National Do Not Call List you 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 the internal do not call list
  • ensure you do not call any consumer telephone number on any do not call list
  • ensure you follow all Unsolicited Telecommunication RulesExp
• Independent agent making telemarketing calls on behalf of a company they work for

  The agent’s employer must:

  • register with the National Do Not Call List

  
  

  The agent must:

  • 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
  • scrub the call list against the downloaded list and the internal do not call list
  • ensure you do not call any consumer telephone number on any do not call list
  • ensure you follow all Unsolicited Telecommunication Rules
• Brokerage or independent agent hiring a lead generator to make calls

  The brokerage or agent 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
• 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
• The insurance industry
• 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