[SWAF-Potluck] Some rules about age and sex industry

[Andy Sorfleet]

Hi, I did my research.

Susan, I apologize, you are right in several respects with regard to B.C.
and City of Vancouver regulations. I was concerned because according to our
Triple-X bylaws you must be 18 years of age or older. Non-profit societies
are governed by provincial (B.C.) legislation, so this opened the situation
where we would need a special resolution to amend the bylaws, if Triple-X
was not in alignment with provincial statutes. Anyway, here is what I found
out!

Provincial Legislation

B.C. Societies Act

Membership (s.67(2)) "Unless the bylaws provide otherwise, an individual
under the age of 19 years MAY BE admitted as a member of a society."

Liquor Control and Licensing Act

This legislation refers to LICENCES for businesses, operating without a
licence is it's own offence. These regulations are also specific to
establishments that serve liquor. It is unclear regarding adult
entertainment in establishments that are unlicensed for serving liquor.

- "Adult" means 19 years of age or older.
- "Adult entertainment" means entertainment intended for adults that is not
appropriate for minors.

Under: "Employment of minors — entertainment"

- Minors must not be employed in providing adult entertainment (s.166(3)(b))
- If adult entertainment is provided in an establishment, minors must leave
the establishment.

Municipal Bylaws - City of Vancouver Licensing Bylaw 4450c
This bylaw refers specifically to business licensing, so it is not clear
how exactly they would affect a self-employment situation.

"Adult Publications" and "Adult Motion Pictures"

- "No person carrying on the business of an adult entertainment store shall
permit any person to be on the licensed premises at any time unless such
person is 18 years of age or over. (s.10.1(1))

- Body-rub studios, body painting studios and model studios may not employ
any person under the age of 19 or over. (s.11.5(3)(a)

- Body-rub studios, body painting studios and model studios may not "permit
any person to be on the licensed premises at any time unless such person is
19 years of age or over." (s.11.5(3)(a)

Federal laws: Criminal Code

Age of consent for sex in Canada is 16. Being a provider of sexual services
is not "a position of trust," such as a teacher or coach. If you are not
paying someone under 18 for sex, it is not "sexual exploitation." The law
making anal sex under the age of 18 is still on the books, however there
has been some case law regarding discrimination against homosexuals.

Production and possession of images of anyone under the age of 18 or *who
are "depicted as being" under the age of 18* are crimes under section 163.1
Child Pornography. As well, any visual or written material that advocates
or counsels sexual activity under the age of 18 is a crime. (s.163.1(1)(b)

Canada's new prostitution laws, section 286, make it crime to communicate
anywhere near where there might be persons under the age of 18. It is a
crime (s.286.1(2)) to communicate for services for someone under the age of
18.

The procuring laws (material benefit) also state specifically penalties for
under the age of 18. (s.286.3(2)).

As far as I can determine, if you were to see a client the age of 16 or
over who consented to sex, you would not technically be breaking any laws
in the Criminal Code as an independent provider. However, the age of 18 is
consistently mentioned in relation to sexual matters in the Criminal Code,
so best practice would be age restriction for services for 18 years or
older.

Under federal criminal laws, (if we were to assume that independent sex
workers are not breaking the law by working together), co-workers must be
18 years of age or older, including camming, video or still photography.

Hope this is somewhat useful.

Cheers,
Andy
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