Item - 2019.GL5.2
Tracking Status
- This item was considered by General Government and Licensing Committee on May 21, 2019. The General Government and Licensing Committee has referred this item to an official or other body without making a decision. Consult the text of the decision for further information on the referral.
GL5.2 - Review of Body Rub Parlour and Holistic Centre By-laws - Consultation and Research Findings
- Decision Type:
- ACTION
- Status:
- Referred
- Wards:
- All
Committee Decision
The General Government and Licensing Committee:
1. Referred the item to the Executive Director, Municipal Licensing and Standards, with a request to include the following in a report to the General Government and Licensing Committee in the fourth quarter of 2019:
a. Maintain the existing licensing system for body rub parlours and holistic centres, subject to amendments, as necessary, to update the applicable By-laws;
b. Update the Body Rub Parlour and Holistic Centre By-laws consistent with the findings of the City of Toronto's Auditor General and with consideration of:
1. The following principles:
a. Ensuring the general safety, workplace safety, health, safety, human rights, and well-being of persons are protected;
b. Consumer and worker protection; and
c. Ensuring the general well-being of the City of Toronto, including mitigating community impacts.
2. Consultation with human trafficking survivors and advocates, body rub parlours and body rubbers, and holistic centres and practitioners;
3. Increasing safety for workers in body rub parlours and holistic centres;
4. Strengthening the oversight of professional holistic associations, including the requirement to develop internal regulations to revoke the membership of individuals or organizations providing unlicensed services;
5. Clarifying or increasing the General Government and Licensing Committee's role in monitoring the licensing system and appeals adjudication outcome;
6. Consultation with municipal, provincial, and federal law enforcement agencies in the Greater Toronto Area and the Ministry of Children, Community and Social Services' Ontario Anti-Human Trafficking Office;
7. Modernizing medical requirements which support regular access to health care for workers; and
8. The feasibility of requesting legislation to allow property forfeiture similar to that allowed under cannabis legislation.
c. Consider the feasibility and impacts of ensuring there are appropriate resources to identify the necessary investment of resources needed for the effective oversight to deter exploitation and trafficking, including a feasibility study of additional Municipal Standards Officers funded by body rub parlours.
d. Engage in consultations with the Medical Officer of Health and relevant stakeholders to review any proposed amendments to the City of Toronto Municipal Code Chapter 545 (Licensing), as they relate to worker and consumer health and safety, and bring forward a concurrent report to the General Government and Licensing Committee with findings and recommendations in the fourth quarter of 2019.
2. Referred the motions below by Councillor John Filion to the Executive Director, Municipal Licensing and Standards:
Motion 4
That:
1. City Council direct the Executive Director, Municipal Licensing and Standards, as part of their report to the General Government and Licensing Committee in the fourth quarter of 2019 on proposed amendments to the Body Rub Parlour and Holistic Centre By-laws, to consider major increases in fees for body rub parlours to cover the cost of the following:
a. Frequent and thorough inspections;
b. Stringent and effective enforcement; and
c. Programs designed to provide frequent, safe, and confidential opportunities for victims of human trafficking or abuse to seek advice and help.
Motion 5
That the General Government and Licensing Committee amend Recommendations 1 and 2 as follows:
1. City Council adopt the following principles for regulating the body rub industry:
a. Ensuring the health, safety, and well-being of persons;
b. Consumer protection; and
c. Ensuring the general well-being of the City of Toronto, including mitigating community impacts; and.
d. Ensuring that all By-laws can be effectively enforced.
2. City Council direct the Executive Director, Municipal Licensing and Standards, to report to the General Government and Licensing Committee in the fourth quarter of 2019 with proposed amendments to the Body Rub Parlour and Holistic Centre By-laws that are informed by the principles in Recommendation 1 and include an analysis of the feasibility and impacts of:
a. Removing the licence requirements for holistic centres and practitioners;
b. Amending Modernizing the requirements of the Body Rub Parlour By-law, with or without including increasing or removing the cap on the number of body rub parlours permitted in the City of Toronto; and
c. Increasing safety requirements in the Body Rub Parlour By-law.
Origin
Summary
This report provides an update on the research and consultations completed to date that inform the ongoing review of the Body Rub Parlour (BRP) and Holistic Centre By-laws. It seeks City Council's endorsement on an approach to regulating these industries based on the principles of ensuring the health, safety, and well-being of persons; consumer protection; and ensuring the general well-being of the City of Toronto, including mitigating community impacts.
The City regulates adult entertainment parlours, including BRPs, to ensure the health and safety of workers and the public and to mitigate for community nuisance. In 1998, the City began regulating holistic services to ensure public health and safety and consumer protection. Since its introduction, the misuse of the licensing category by providers of services that are not holistic services has undermined this original intent.
Many holistic centres currently providing unauthorized services would be better captured under the BRP licence category. However, the BRP licences in the City of Toronto are capped at 25, preventing new businesses from obtaining a BRP licence. The BRP licence category and cap have not been reviewed formally since the rules were first enacted in 1975.
Staff are considering a number of amendments to modernize the BRP licence category and better reflect the changes within the industry. The central amendment being considered is the removal of the cap on BRPs. This would allow businesses offering body rub services to qualify for a licence with an appropriate level of regulations and oversight.
Staff are also considering general updates to the BRP By-law to bolster health and safety requirements for BRPs. These changes would include requiring that BRP managers are licensed and undergo criminal record checks; removing the requirement for workers to work for only one parlour owner; and requiring that workers be provided with information on how to access resources and supports.
In conjunction with the review of the BRP By-law, City staff are reassessing the need to license holistic services. With this proposed approach, those holistic centres and practitioners providing body rub services would be required to obtain body rub licences.
Staff are seeking Council direction to report back in the fourth quarter of 2019 with further analysis and final recommendations on modernizing the BRP licence category, reviewing the cap on the number of BRPs, and re-evaluating the need for holistic licensing.
Staff have consulted with Legal Services, Social Development, Finance and Administration, Toronto Public Health, and City Planning in the preparation of this report.
Background Information
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-132769.pdf
Attachment 1 - Consultation Report
https://www.toronto.ca/legdocs/mmis/2019/gl/bgrd/backgroundfile-132933.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94665.pdf
(May 17, 2019) Letter from Councillor Kristyn Wong-Tam (GL.New.GL5.2.2)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94685.pdf
(May 21, 2019) Submission from Brianna Greaves, Showing Up For Racial Justice Toronto (GL.New.GL5.2.3)
(May 21, 2019) Submission from Anna Willats (GL.New.GL5.2.4)
(May 20, 2019) Letter from Bernice Li, King Thai Massage Health Care Centre (GL.New.GL5.2.5)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94707.pdf
(May 21, 2019) E-mail from Kennes Li, Chinese Canadian National Council Toronto Chapter (GL.New.GL5.2.6)
(May 20, 2019) Letter from Rupaleem Bhuyan, Factor-Inwentash Faculty of Social Work, University of Toronto (GL.New.GL5.2.7)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94709.pdf
(May 21, 2019) Submission from Debbie Pond, Defend Dignity (GL.New.GL5.2.8)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94686.pdf
(May 21, 2019) Letter from 17 persons, submitted by Kamala Kempadoo, Department of Social Science, York University (GL.New.GL5.2.9)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94687.pdf
(May 20, 2019) E-mail from Michelle Shao (GL.New.GL5.2.10)
(May 20, 2019) Submission from Jenny Bonnor-Moris, Ontario Polarity Therapy Association (GL.New.GL5.2.11)
(May 21, 2019) Submission from Elene Lam, Butterfly (Asian and Migrant Sex Workers Support Network) (GL.Main.GL5.2.12)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94712.pdf
(May 21, 2019) Letter from Edward Nye (GL.Main.GL5.2.13)
(May 21, 2019) Submission from John Cassells, Men Ending Trafficking and SIM Canada (GL.Main.GL5.2.14)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94729.pdf
(May 21, 2019) Submission from Tim Lambrinos, Emery Village Business Improvement Area (GL.New.GL5.2.15)
https://www.toronto.ca/legdocs/mmis/2019/gl/comm/communicationfile-94730.pdf
Speakers
Richard Dunwoody
Deena Ladd, Workers' Action Centre
Jacqueline Eboh, Defend Dignity
Eric Tsui, Seduction Spa
John Cassells, Men Ending Trafficking and SIM Canada
Laksamee Windhager
Julia Drydyk, Canadian Centre to End Human Trafficking
Barbara Gosse, Canadian Centre to End Human Trafficking
Sandra Ka Hon Chu, Canadian HIV/AIDS Legal Network
Taisia Scobeleva, Aura Freedom
Justin Kong, Chinese Workers Network
Anuradha Dugal, Canadian Women's Foundation
Garry James
Tim Lambrinos, Emery Village Business Improvement Area
Aaron Yu, Ontario Holistic License Practitioner Association
Jazz McEwan, School of Gender, Sexuality and Women's Studies, York University
Anna Willats
Luis Alberto Mata, FCJ Refugee Centre
Brianna Greaves, Showing Up For Racial Justice Toronto
Linda Beaudoin, Advocate for Child Protection and Public Safety
Elene Lam, Butterfly (Asian and Migrant Sex Workers Support Network)
Kennes Lin, Chinese Canadian National Council Toronto Chapter
Beixi Liu
Gitanjali Lena, Springtide Resources
Shawn Yuan
Jenny Duffy, Maggie's: Toronto Sex Workers Action Project
Dongmei Liang, Ontario Holistic License Practitioner Association
Li Jun Wang, Ontario Holistic License Practitioner Association
Kai Wang, Ontario Holistic License Practitioner Association
Wenchao Zhu, Ontario Holistic License Practitioner Association
Li Xiang, Ontario Holistic License Practitioner Association
Lu Ying, Ontario Holistic License Practitioner Association
Kate Armstrong, Bahn Thai Spa
Councillor Kristyn Wong-Tam
Motions
1. That speakers who have not pre-registered be allowed to register to speak until 11:30 a.m. on May 21, 2019, after which no further registration is allowed and the speakers list will be closed.
2. That the length of public presentations be limited to three minutes.
3. That questions to staff from Members of Council (including Committee members) take place after the public deputations and be limited to five minutes in total.
4. That questions to speakers from Members of Council (including Committee members) be limited to three minutes.
5. That speaking times for all Members of Council (including Committee members) be limited to five minutes.
Vote (Set Committee Rule) May-21-2019
| Result: Carried | Majority Required |
|---|---|
| Total members that voted Yes: 4 | Members that voted Yes are John Filion, Stephen Holyday, Jim Karygiannis, Frances Nunziata |
| Total members that voted No: 2 | Members that voted No are Paul Ainslie (Chair), Josh Matlow |
| Total members that were Absent: 0 | Members that were absent are |
That the item be referred to the Executive Director, Municipal Licensing and Standards, with a request to include the following in a report to the General Government and Licensing Committee in the fourth quarter of 2019:
1. Maintain the existing licensing system for body rub parlours and holistic centres, subject to amendments, as necessary, to update the applicable By-laws;
2. Update the Body Rub Parlour and Holistic Centre By-laws consistent with the findings of the City of Toronto's Auditor General and with consideration of:
1. The following principles:
a. Ensuring the general safety, workplace safety, health, safety, human rights, and well-being of persons are protected;
b. Consumer and worker protection; and
c. Ensuring the general well-being of the City of Toronto, including mitigating community impacts.
2. Consultation with human trafficking survivors and advocates, body rub parlours and body rubbers, and holistic centres and practitioners;
3. Increasing safety for workers in body rub parlours;
4. Strengthening the oversight of professional holistic associations, including the requirement to develop internal regulations to revoke the membership of individuals or organizations providing unlicensed services;
5. Clarifying or increasing the General Government and Licensing Committee's role in monitoring the licensing system and appeals adjudication outcome;
6. Consultation with municipal, provincial, and federal law enforcement agencies in the Greater Toronto Area and the Ministry of Children, Community and Social Services' Ontario Anti-Human Trafficking Office;
7. Modernizing medical requirements which support regular access to health care for workers; and
8. The feasibility of requesting legislation to allow property forfeiture similar to that allowed under cannabis legislation.
That the item be referred to the Executive Director, Municipal Licensing and Standards, with a request to include the following in a report to the General Government and Licensing Committee in the fourth quarter of 2019:
1. Consider the amendments below to Recommendations 1 and 2:
1. City Council adopt the following principles for regulating the body rub industry and relevant industries:
a. Ensuring the general safety, workplace safety, health, safety, human rights, and well-being of persons are protected;
b. Consumer and worker protection; and
c. Ensuring the general well-being of the City of Toronto, including mitigating community impacts.
2. City Council direct the Executive Director, Municipal Licensing and Standards, to report to the General Government and Licensing Committee in the fourth quarter of 2019 with proposed amendments to the Body Rub Parlour and Holistic Centre By-laws that are informed by the principles in Recommendation 1 and include an analysis of the feasibility and impacts of:
a. Removing the licence requirement for holistic centres and practitioners, in consultation with human trafficking survivors and advocates and holistic centres and practitioners;
b. The best ways to modernize Modernizing the requirements of the Body Rub Parlour By-law, including increasing or removing the cap on the number of body rub parlours permitted in the City of Toronto; and, in consultation with human trafficking survivors and advocates, holistic centres and practitioners, and body rub parlours and body rubbers;
c. Increasing safety requirements for workers in the Body Rub Parlour and Holistic Centre By-laws;
d. Measures and policies aimed at addressing the consequences of human trafficking from the perspective of health and safety; and
e. Ensuring there are appropriate resources to identify the necessary investment of resources needed for the effective oversight to deter exploitation and trafficking, including a feasibility study of additional Municipal Standards Officers funded by body rub parlours.
2. Engage in consultations with the Medical Officer of Health and relevant stakeholders to review any proposed amendments to the City of Toronto Municipal Code Chapter 545 (Licensing), as they relate to worker and consumer health and safety, and bring forward a concurrent report to the General Government and Licensing Committee with findings and recommendations in the fourth quarter of 2019.
That:
1. City Council direct the Executive Director, Municipal Licensing and Standards, as part of their report to the General Government and Licensing Committee in the fourth quarter of 2019 on proposed amendments to the Body Rub Parlour and Holistic Centre By-laws, to consider major increases in fees for body rub parlours to cover the cost of the following:
a. Frequent and thorough inspections;
b. Stringent and effective enforcement; and
c. Programs designed to provide frequent, safe, and confidential opportunities for victims of human trafficking or abuse to seek advice and help.
That the General Government and Licensing Committee amend Recommendations 1 and 2 as follows:
1. City Council adopt the following principles for regulating the body rub industry:
a. Ensuring the health, safety, and well-being of persons;
b. Consumer protection; and
c. Ensuring the general well-being of the City of Toronto, including mitigating community impacts; and.
d. Ensuring that all By-laws can be effectively enforced.
2. City Council direct the Executive Director, Municipal Licensing and Standards, to report to the General Government and Licensing Committee in the fourth quarter of 2019 with proposed amendments to the Body Rub Parlour and Holistic Centre By-laws that are informed by the principles in Recommendation 1 and include an analysis of the feasibility and impacts of:
a. Removing the licence requirements for holistic centres and practitioners;
b. Amending Modernizing the requirements of the Body Rub Parlour By-law, with or without including increasing or removing the cap on the number of body rub parlours permitted in the City of Toronto; and
c. Increasing safety requirements in the Body Rub Parlour By-law.
That, in accordance with the provisions of the City of Toronto Municipal Code Chapter 27 (Council Procedures), the General Government and Licensing Committee reconsider this item.
That the item and the motions by Councillor John Filion be referred to the Executive Director, Municipal Licensing and Standards, with a request to include the following in a report to the General Government and Licensing Committee in the fourth quarter of 2019:
a. Maintain the existing licensing system for body rub parlours and holistic centres, subject to amendments, as necessary, to update the applicable By-laws;
b. Update the Body Rub Parlour and Holistic Centre By-laws consistent with the findings of the City of Toronto's Auditor General and with consideration of:
1. The following principles:
a. Ensuring the general safety, workplace safety, health, safety, human rights, and well-being of persons are protected;
b. Consumer and worker protection; and
c. Ensuring the general well-being of the City of Toronto, including mitigating community impacts.
2. Consultation with human trafficking survivors and advocates, body rub parlours and body rubbers, and holistic centres and practitioners;
3. Increasing safety for workers in body rub parlours and holistic centres;
4. Strengthening the oversight of professional holistic associations, including the requirement to develop internal regulations to revoke the membership of individuals or organizations providing unlicensed services;
5. Clarifying or increasing the General Government and Licensing Committee's role in monitoring the licensing system and appeals adjudication outcome;
6. Consultation with municipal, provincial, and federal law enforcement agencies in the Greater Toronto Area and the Ministry of Children, Community and Social Services' Ontario Anti-Human Trafficking Office;
7. Modernizing medical requirements which support regular access to health care for workers; and
8. The feasibility of requesting legislation to allow property forfeiture similar to that allowed under cannabis legislation.
c. Consider the feasibility and impacts of ensuring there are appropriate resources to identify the necessary investment of resources needed for the effective oversight to deter exploitation and trafficking, including a feasibility study of additional Municipal Standards Officers funded by body rub parlours.
d. Engage in consultations with the Medical Officer of Health and relevant stakeholders to review any proposed amendments to the City of Toronto Municipal Code Chapter 545 (Licensing), as they relate to worker and consumer health and safety, and bring forward a concurrent report to the General Government and Licensing Committee with findings and recommendations in the fourth quarter of 2019.