Association for Healthcare Philanthropy Canada (AHP): CRTC Decision

CRTC Decision - Application for Variance

September 27, 2004

A message from Pearl Veenema, FAHP, Chair, Governemnt Relations, AHP Canada, regarding the CRTC Regulations

AHP Canada will be endorsing the AFP submission but it would be most appreciated if many more institutions across Canada follow through with personalized letters. You will want to use the generic letter kindly provided by AFP with your institution's history, practice and impact.

Thank you and do note the October 15 deadline for submissions.

On behalf of the sector, AFP has filed an application for variance with the CRTC to have charities exempted from these new burdensome regulations. You can download a copy of the application and its cover letter. But it's critical that the CRTC hear from charities across the country about the impact of these rules. The CRTC must have evidence from charities (stories, statistics, numbers, etc.) that these rules will indeed be harmful.

To support the application, charities need to document the burdens and potential damage the regulations will have on them by completing and submitting an affidavit form to the CRTC. The new regulations, most of which are already in effect, will have a
dramatic impact on telemarketing for charities, especially smaller organizations.

What the Regulations Require

The regulations of particular concern would require that: The caller (whether a charity or telemarketer) must provide a toll-free
telephone number that an individual can use to provide questions and comments about the call. This disclosure must also come before the caller can ask for a particular individual. This number must be staffed during business hours.

Beginning October 1, a caller must provide to an individual who wants to be placed on a do-not-call list a unique registration number to confirm receipt of each do-not-call request. If an individual requests to be placed on a do-not-call list during a call, then the telemarketer must ask if the individual wants to be placed on ALL of the do-not-call lists of organizations represented by the telemarketer.

The new regulations will affect both charities that make their own telemarketing calls in-house and third-party, for-profit telemarketing firms that represent charities. There are no exceptions or exemptions for volunteers, existing or past donors, or individuals with a previous relationship with the charity.

In its application, AFP argued that the CRTC has not created a balance between an individual's right to privacy and the need for legitimate charities to raise funds for program that benefit all Canadians. AFP also noted precedents established by the recent federal privacy bill that applies only to commercial activities and essentially exempts charitable fundraising.

For these reasons, AFP requested that all charities be exempt from the CRTC's new telemarketing regulations. In the alternative, AFP requested the CRTC to provide a two year period for charities to adapt to, and comply with, the new regulations.

How to Contact the CRTC

AFP has created a sample letter for charities to use when contacting the CRTC. The letter is available as a word document. AFP has also created an affidavit form for charities to use. The affidavit should be submitted to the CRTC along with the letter. Please download the PDF document.

In the letter and affidavit, charities should describe clearly and concisely the impact these new requirements will have on your
fundraising and your organization's ability to deliver critically needed services and programs.

Deadline for Submission

The CRTC has set a deadline of October 15, 2004 for submissions to be received in order to be considered.