Cold Calling Laws in Canada

Which rules cover cold calling in Canada?

The CRTC's Unsolicited Telecommunications Rules have three parts: the National Do Not Call List (DNCL) Rules, the Telemarketing Rules, and the rules for automatic dialing-announcing devices. The Telecommunications Act gives the CRTC its enforcement powers.

Canada's Anti-Spam Legislation (CASL) doesn't apply to live, two-way voice calls. Privacy law (PIPEDA, and Quebec's own privacy law) covers the personal information you use.

Is B2B cold calling legal in Canada?

Yes. The CRTC says business-to-business calls are exempt from the National DNCL Rules. A business can register its number on the list, but calls to business numbers are only regulated by the Telemarketing Rules and the automatic dialing rules. The Telemarketing Rules apply whether or not a call is exempt from the DNCL.

Do you have to register to cold call businesses?

Yes. Every telemarketer must register with the National DNCL operator, even if it only makes exempt calls. Registration is free. A telemarketer can't call on behalf of a client unless that client has registered too.

If you hire a calling service, your business is the client. You're responsible for violations the service commits on your behalf, so check that both of you are registered before calls start.

What are the legal cold calling hours in Canada?

The hours are those of the person receiving the call, so plan around your prospects' time zones.

What callers must say and show

• The caller's name, and the name of the company they're calling for.
• The originating phone number, or another number where the telemarketer can be reached.
• Anyone who asks not to be called again goes on the internal do-not-call list, kept for 3 years and 14 days from the request. Clients must keep their own list too.

Penalties for breaking the rules

Under the Telecommunications Act, the CRTC can impose penalties of up to $1,500 per violation for an individual and $15,000 per violation for a company. Businesses are also liable for violations by the calling services and lead generators they hire.

Calling Quebec

The same federal rules apply in Quebec, but Quebec has its own privacy law, and most Quebec businesses expect to be called in French.

Can you call a lead in Canada who asked you to?

Allowed if they enquired in the last 6 months · 6 months from an enquiry, 18 months from a purchase

• An inquiry or application in the past 6 months is an existing business relationship, which is exempt from the National DNCL Rules. So is a purchase, lease or rental, or a written contract, in the past 18 months.
• Express consent also works: permission on a written, electronic or online form, or a recording of their spoken permission.
• Exempt callers must still keep their own do-not-call list, add requests within 14 days and keep them for three years.

Source: National DNCL: Exemptions · Do not call exemptions by country