441-02071 (Media and telecommunications)

Receiving spam phone calls and text messages, including scam calls and messages, is a serious concern for many Canadians. That is why the Government of Canada has introduced a variety of measures to help Canadians in that regard.

Telemarketing and unwanted calls

The Canadian Radio-Television and Telecommunications Commission (CRTC), as Canada’s national telecommunications regulator, enforces rules under the Telecommunications Act that help Canadians reduce the number of unsolicited communications that they receive. The National Do Not Call List (DNCL) Rules allow Canadians to add their telephone numbers to a list of numbers that telemarketers are not allowed to call. The DNCL has been in operation for 15 years and includes 14.7 million telephone numbers. Furthermore, the CRTC enforces other rules that address, among others, the time of day when telemarketing is permitted, as well as the need for telemarketers to identify themselves. Additional rules apply when telemarketers deliver a pre-recorded message, sometimes referred to as ‘robocalls’. 

The CRTC takes violations of these rules very seriously and can issue penalties if a telemarketer breaks them. During the 2022–2023 fiscal year, the CRTC issued over $600,000 in financial penalties against telemarketers.

To combat scammers, the CRTC also works with telecommunications service providers (TSPs) to block and trace such calls. For example, the CRTC requires TSPs to block calls when caller identification (ID) either exceeds 15 digits or when it isn’t in a Canadian format, e.g., 000-000-0000. Additionally, in December 2021, the CRTC approved a request from Bell Canada to permanently implement a call blocking solution that uses artificial intelligence to prevent scam calls originating from outside of Canada from reaching Canadians. From July 2020 to November 2023, it prevented over 2.8 billion calls from doing so. Similarly, the CRTC is working with TSPs to develop a way to trace scam calls back to their point of origin.

The CRTC also works with industry to alert Canadians if an incoming call may be part of a scam. This is important given the rise of caller ID spoofing, where the caller ID is falsified. On November 30, 2021, TSPs implemented a new approach, referred to as STIR/SHAKEN, to combat such calls. This approach works by notifying Canadians whether an incoming call originates from a real number. While it is not currently possible to authenticate all incoming calls, it is expected that, over time, this approach will become more effective as TSPs upgrade their networks and more Canadians use telephones that are compatible with this approach.

There are also other steps that Canadians can take to reduce the number of telemarketing and spam calls that they receive, such as to file a complaint directly with the DNCL Operator at http://www.lnnte-dncl.gc.ca/en/Consumer/File-a-complaint or by calling 1-866-580-3625. The best way for Canadians to assist the CRTC in identifying violations is to file complaints. Such complaints help the CRTC to gather intelligence, identify high-impact cases to investigate, and take enforcement action against violators. Canadians are also encouraged to speak with TSPs about any call management or call blocking options they offer that could be helpful. 

CASL

Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud. Canada’s Anti-Spam Legislation (CASL) plays an important role in building trust in the digital environment, which is essential for continued economic growth: CASL helps protect Canadians from spam and other electronic threats, while ensuring that businesses can continue to compete in the global marketplace. A 2015 Cloudmark study found that within a year of CASL being introduced, there was a 37% reduction in spam originating from Canada and 29% less spam email in Canadians’ inboxes.

CASL prohibits, among other things, sending unsolicited commercial electronic messages (email and text messages spam, for example, but not voice spam calls which fall under the DNCL), altering transmission data, and the installation of computer programs (such as malware) without user’s consent. It does this to protect Canadians from spam and other electronic threats, while ensuring that businesses can continue to compete in the global marketplace.

CASL is enforced by three federal agencies. The CRTC, an independent  administrative tribunal that operates at arm’s length from the federal government, is responsible for interpreting and enforcing CASL provisions related to spam and other electronic threats that can lead to harassment, identity theft, and fraud. The CRTC can issue administrative monetary penalties (AMPs) for violations of sections that prohibit the sending of unsolicited commercial electronic messages, the alteration of transmission data and the installation of software without consent. The Competition Bureau can seek AMPs or criminal sanctions under the Competition Act for acts of false or misleading representations and deceptive marketing practices in the electronic marketplace. The Office of the Privacy Commissioner of Canada also has powers under an amended Personal Information Protection and Electronic Documents Act (PIPEDA) related to the collection of personal information through illicit access to other people’s computer systems and the harvesting of electronic addresses. 

AMPs that could be imposed under CASL can be substantial. The maximum amount of an AMP to be imposed by the CRTC, per violation, for an individual is $1 million. For a business, it is $10 million.

The CRTC has taken action against several violators of the anti-spam provisions, often in collaboration with domestic and international law enforcement.  Recently, The CRTC’s Chief Compliance and Enforcement Officer announced penalties totalling $300,000 to four Canadians for their involvement in the Dark Web marketplace CanadianHQ. To date, the CRTC’s CASL  enforcement efforts have resulted in over $3.2 million issued in AMPs.

Canadians can also contribute to fighting spam by reporting spam messages to the Spam Reporting Centre. Each submission provides valuable information and is an essential part of the intelligence the Spam Reporting Centre gathers on spam and other electronic threats. The information provided may be used to investigate serious cases and take necessary action concerning contraventions to CASL, which can include imposition of AMPs. Submissions to the Spam Reporting Center can be made online at: https://www.fightspam.gc.ca/eic/site/030.nsf/frm-eng/MMCN-9EZV6S.

Scam calls and messages

If Canadians receive a call that appears to be part of a scam, they are encouraged to report it to the Canadian Anti-Fraud Centre (CAFC). The CAFC is jointly operated by the Royal Canadian Mounted Police (RCMP), the Ontario Provincial Police and the Competition Bureau, and works as the central agency in Canada to collect information and criminal intelligence on scams. More information on how Canadians can identify and report scams can be found on the CAFC website at http://www.antifraudcentre-centreantifraude.ca.