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

[lovelibby at hushmail.me]

Thanks for putting all this together, Andy!!
I get pervy requests like that once in a while, I think it's just some
weirdo getting off on some fantasy. They never follow up (not that I
would do it).

On 3/13/2018 at 3:52 PM, "Andy Sorfleet"  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 4450cThis 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

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.resist.ca/pipermail/swaf-potluck/attachments/20180313/c2a87e3b/attachment-0001.html>