The Canadian Do-Not-Call List — Is Disconnection Coming?

Barely nine months after the Canadian Radio-television and Telecommunications Commission launched its long-awaited Do-Not-Call List (DNCL) to cut down on unwanted telemarketing calls, the Canadian government introduced legislation that will, if implemented in its current form, kill off the DNCL and replace it with a much stricter regime.

The source of this unexpected initiative is Bill C-27, the Electronic Commerce Protection Act (ECPA), Canada's proposed legislation to curtail spam and spyware. Under the ECPA, all electronic messages to encourage participation in a commercial activity are banned unless they fall under certain permitted exemptions (e.g., where prior consent is obtained or a pre-existing relationship exists between sender and recipient that is not more than 18 months old).