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Guidance for the real estate 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.

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Registration and subscription to the National Do Not Call List

Registration and subscription to the National Do Not Call List is done at the brokerage level and not at the parent company or agent level. The brokerage must register and subscribe to the National Do Not Call List prior to making any unsolicited calls. It can then share its subscription with its agents and employees. The brokerage must also maintain an internal brokerage-wide do not call list of consumers who have asked not to be called.

For example, ABC Realty West and ABC Realty Space are brokerages of the parent company, ABC Realty Inc. Therefore, ABC Realty West and ABC Realty Space must each register and purchase a subscription to the National Do Not Call List (DNCL). They can then cover their agents with their respective subscription. A set out in Telecommunications Decision 2007-48, the CRTC prohibits subscribers to the DNCL from selling, renting, leasing, publishing, or otherwise disclosing the National DNCL or any portion thereof to any person outside of their organizations, including any affiliate – it is therefore under distinct subscriptions that ABC Realty West and ABC Realty Space will have access to the DNCL. As a parent company, ABC Realty Inc. cannot subscribe to the National Do Not Call List.

Avoiding liability

The brokerage is liable for the actions of its agents and any lead generators used by its agents. (A lead generator is a company that is hired to make telemarketing calls.) The agents are liable for the actions of any lead generator they hire.

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.

A person sharing their phone number on a website to sell their house does not constitute valid consent on their part to receive calls from a real estate agent offering their services. Agents must always make sure that rules are respected, including checking if a given person is registered on the DNCL, should they wish to call that person. This could represent a violation of the rules and result in an administrative monetary penalty.

It is important to show care when using lead generators: indeed, you could be held responsible of any violation they commit. You are responsible for making sure lead generators respect the rules. Even if a lead generator’s contract stipulates that it abides by the rules, this is not enough; you could still be held responsible of its actions. Make sur to show reasonable diligence when you hire one.

Situations and responsibilities (dealers, advisors, lead generators)

More information

Guidance for 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.

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