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

[Andy Sorfleet]

Addendum

I should also add, that under B.C.'s Age of Majority Act, persons under the
age of 19 are considered minors. In other words, the legal definition of
"adult" in B.C. is 19 years and older. However, it is unclear what this has
to do with consenting to commercial sex activity. Federal laws hold
jurisdiction over age of consent laws. On the B.C. government's website,
"Sexual Exploitation of Youth" is defined as under the age of 18.
https://www2.gov.bc.ca/gov/content/safety/crime-prevention/community-crime-prevention/exploitation

The age of majority is 18 in six provinces: Alberta, Manitoba, Ontario,
Prince Edward Island, Quebec, and Saskatchewan. The age of majority is 19
in four provinces and the three territories: British Columbia, New
Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, and
Yukon.

Cheers,
Andy

On Tue, Mar 13, 2018 at 12:26 PM, Andy Sorfleet <a.sorfleet at gmail.com>
wrote:

> 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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