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

[Andrew Sorfleet]

Thank you to Susan for pointing out this strange misalignment between the federal and provincial definitions of "minor" with regard to adult entertainment. It's quite confusing. It never occurred to me, being from Ontario, that Age of Majority might factor into adult business licence regulations.

This is something to be contemplated in a post-decrim sex industry. What powers to regulate, such as age restrictions will provinces have? It's been interesting to watch the division of authority between federal and provinces with regard to the recent legalization of cannabis.

At least I am now confident that this doesn't impact Triple-X membership criteria of 18 years or older as a non-profit association.

In solidarity,
Andy

Sent from my iPhone

> On Mar 13, 2018, at 1:43 PM, James Smith <james at skydancer.ca> wrote:
> 
> Thank you so much for this Andy.  Immensely helpful. :) 
> 
> 
> http://www.skydancer.ca/
> 
> 
> 
>> On 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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