Do-Not-Call list legislation to receive third reading in Parliament this week

Despite public assertions to the contrary, there are strong indications that the Canadian Newspaper Association (CNA) may try to disrupt the smooth passage of Bill C-37 when it reaches the Senate committee stage. The CNA denies that it has any intention of stirring up trouble for the legislation, but a spokesperson for the lobby group is keeping details of its plans close to his chest.Proposed changes to the Telecommunications Act that would create a national Do-Not-Call registry for organizations and businesses using telemarketing have been tabled in the House of Commons, and according to sources will go to third reading without debate before the House rises. The Standing Committee on Industry, Natural Resources, Science and Technology passed the amendments earlier this month in the House. The amendments were introduced in April. Once passed through third reading, the proposed legislation will head to the Senate as the final leg prior to receiving Royal Assent. Network Letter has learned, however, that passage through the Upper House may not be smooth sailing. Sources are telling NL that Bill C-37 will have to submit to the scrutiny of an as-yet-to-be determined Senate committee and it is at the committee stage where the bill could get a bumpy ride. David Gollob, VP of public affairs for the newspaper lobby group, denies that the association will cause problems for the bill’s passage. "We’re not interested in causing any problems," he tells Network Letter. "It’s not our intention to oppose any amendments" passed by the committee. The newspaper association wasn’t given leave to appear before the lower House’s standing committee and hasn’t yet had an opportunity to enunciate its position. Gollob wasn’t prepared to elicit that position during an interview. Bill C-37 has toiled at various stages of the government process for more than a year, and its passage has been negatively affected by a political environment that can be described as less than ideal. CRTC rules regarding telemarketing, enacted in 2004, also took a major hit after the decision was decried by nearly all users of telemarketing services (NL, May 26/04). Several groups took their criticism of the commission’s telemarketing decision to Cabinet (NL, Sept. 15/04). Beautyrock Inc., an Ontario-based outbound call centre, noted in a Part VII it filed with the commission in August 2004 that the rules don’t effectively balance consumer protection against the right of businesses to use telecommunications to market their products and services. Following the litany of complaints, the CRTC granted a Canadian Marketing Association application seeking to stay implementation of the rules as set out in Telecom Decision 2004-35. The only exception was that the telecommunications carriers had to continue to track and report complaints. Richard French, vice-chair of telecommunications at the CRTC, summed up the void left by the commission’s telemarketing ruling in an appearance before the Industry committee on April 20, 2005. He said there weren’t any start-up funds to create the list; the CRTC lacked effective enforcement powers; and there wasn’t a separate administrator of the registry. Under the amendments passed by the standing committee, charitable organizations will receive an exemption from the Do-Not-Call list. Also exempt are political parties and candidates in elections for all levels of government. Businesses that have had dealings with customers in the prior 18-month period will also be exempted from having to follow guidelines set out in the new legislation. Polling firms will also receive an exemption from a national Do-Not-Call registry. Other key clauses of the new bill focus on the operation and management of such a list. It reads as follows:"The Commission shall, within six months after the end of each fiscal year, deliver a report to the Minister on the operation of the national do not call list in that fiscal year. "The report shall set out any costs or expenditures related to the list, the number of Canadians using the list, the number of telemarketers accessing the list, any inconsistencies in the prohibition or requirements of the Commission under section 41 that are applicable to the operation of the list, and an analysis of the effectiveness of the list."

Do-Not-Call list legislation to receive third reading in Parliament this week

News | June 23, 2005

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