Mr. Speaker, I am pleased to rise today to speak on the referral stage debate of Bill C-37, an act to amend the Telecommunications Act. The goal of the bill is to create the right regulatory environment for sensible, smart telemarketing. We want to safeguard the privacy of Canadians and their right to choose with whom they wish to communicate.
Bill C-37 deals with unsolicited telemarketing and proposes to create a national do not call list. Such a list, administered by the CRTC, is preferable to other more regulatory approaches. Through the bill, the government is taking steps to give Canadians an effective and easy way to curtail intrusive telemarketing and protect their privacy.
Canada is not alone in facing the challenge of balancing the wishes of consumers with the needs of the telemarketing industry. I would remind the House that telemarketing activities span a very broad spectrum, from legitimate commercial enterprises with existing customers to fraudulent calls that prey on seniors and the unsuspecting.
Legitimate telemarketers and the marketing industry require an environment where they can conduct their business in a way that is acceptable to most Canadians. They have asked for a regulatory environment where their integrity is not undermined by the activities of the less scrupulous telemarketers.
The bill before us creates a model that would promote a positive atmosphere for legitimate businesses to undertake commercial communications within a well regulated structure. The amendments would strengthen the role of the CRTC under the Telecommunications Act with respect to the regulation of telecommunications facilities for unsolicited telecommunications to prevent undue inconvenience or nuisance.
Public opinion polls tell us that unsolicited telecommunications have become an inconvenience and a nuisance for many Canadians. In fact, during a survey conducted in 2003, 97% of respondents reported a negative reaction to unsolicited calls, with 38% saying they tolerate the calls, 35% reporting being annoyed by them, and 24% saying they hated receiving them. The majority of respondents, nearly four out of five, supported the creation of a national do not call list. Some two-thirds indicated they would likely sign up for a do not call list service.
I would like to remind the House that the CRTC imposed limitations on telemarketing in 1994. These limitations included a requirement that telemarketers maintain individual do not call lists. This provision, however, required consumers to enlist with each telemarketer separately, and there may be hundreds of telemarketers. The consumer has no way of knowing when his or her number may find its way onto another telemarketing list. It is not surprising, therefore, that many consumers consider this practice unsatisfactory.
Earlier this year, however, the regulator rendered Telecom Decision CRTC 2004-35, “Review of telemarketing rules”. In this decision, the CRTC concluded that a national do not call list had considerable merit and recommended a do not call list as approach that is preferable to other regulatory approaches. In its decision, the regulator also noted that changes to legislation would be necessary to enable it to operate a do not call list effectively.
What is required?
The bill before us would enable the CRTC to do three things: first, impose fines for non-compliance; second, establish a third party administrator to operate a database; and third, give the ability to set fees to recover costs associated with maintaining the list.
When the bill has been passed, we expect that the CRTC will undertake consultations to find an administrator of the do not call list. It will also determine how the list will operate and how much it will cost.
The CRTC will also consider whether any types of calls should be exempt from the do not call list.
In particular, I would like to make a recommendation that was raised by one of my constituents of Don Valley East. At all hours of the day and night he is harassed by unwanted fax transmissions. Similar to unwanted telephone solicitations, unwanted faxes can be equally intrusive and a waste of paper in home offices.
When the CRTC announced interim rules on telemarketing as a result of telecom decision CRTC 2004-35, the industry stakeholders maintained that these rules imposed too high a regulatory burden. The industry itself prefers a national do not call list. The CRTC has stayed its interim rules and awaits the passage of this bill before implementing a new regulatory regime.
In fact the industry may become more efficient and productive as a result of the creation of a do not call list. This would eliminate calls to individuals who do not want to be contacted and thereby reduce the number of unsuccessful calls. By passing the bill we would enable the CRTC to move forward on this issue.
Telemarketing has become more and more pervasive. There is no sign that it is going away. The inability to control a telemarketer's access to phones in our homes and businesses has become a source of frustration for a large percentage of Canadians. With this bill we provide the CRTC with the necessary tools it requires to enforce a national do not call list. In that way we give Canadians an easy and effective way to curtail intrusive calls. We will take steps to protect their privacy.
I urge hon. members in the House to support the bill.