A published phone number isn't consent, and an AI voice isn't a loophole — it's a specifically-regulated category of its own.
Short answer
Only with the consumer’s express consent. An AI-voice outbound calling tool is an Automatic Dialing-Announcing Device (ADAD) under the CRTC’s telemarketing rules, and unlike an ordinary live call, implied consent from an existing business relationship is not stated as sufficient for an ADAD call — you need express consent, full stop.
Per the CRTC’s Unsolicited Telecommunications Rules — note the correct path has no “/phone/telemarketing/” segment; the commonly-circulated variant with it 404s — “a telemarketer shall not initiate…a telemarketing telecommunication via an ADAD unless express consent has been provided by the consumer.” ADAD explicitly covers synthesized and recorded voice calling, which is exactly what an AI outbound-calling tool produces. Ordinary telemarketing calls have a broader existing-business-relationship exemption; the ADAD-specific rule does not extend that exemption the same way.
The CRTC’s real-estate-specific telemarketing guidance states this directly: “a person sharing their phone number on a website to sell their house does not constitute valid consent on their part to receive calls from a real estate agent.” The same logic covers an AI caller reaching out to a number scraped from a FSBO listing — publishing the number is not consent to be called, by a human or by AI.
National Do Not Call List registration “is done at the brokerage level and not at the parent company or agent level,” and the same guidance is explicit that “the brokerage is liable for the actions of its agents and any lead generators used by its agents” — a brokerage can be held responsible for a lead generator’s or an AI-calling vendor’s violations even where that vendor’s own contract claims compliance. Practical obligations that follow: subscribe to the DNCL for every area code you call into, download updated DNCL numbers every 31 days, and scrub call lists before an AI tool ever dials.
CREA’s own AI guidance states plainly: “the adoption of AI does not alleviate the professional responsibilities of REALTORS®. REALTORS® must remain fully accountable for the information, advice and services they provide to clients.” “The AI called them, not me” is not a defence under either the CRTC’s rules or your own regulator’s.
See also: writing an AI use policy for yourself and what a team agreement should say about leads.
A 30-minute call is enough to check your prospecting workflow against the ADAD rule before you dial.
