PRIORITIES AND PLANNING COMMITTEE – JUNE 20, 2019
The Committee adopted the following resolution:
That a supplemental report be prepared which outlines the licensing, enforcement and legal implications respecting Option B (licensing regime) and Option D (ban), as well as the engagement undertaken with Indigenous groups and academic experts for consideration by City Council at a future meeting to be determined by the City Manager..
Mayor Michael Fougere (Chairperson), Councillors: Lori Bresciani, Sharron Bryce, Jerry Flegel, Bob Hawkins, Jason Mancinelli, Councillor Joel Murray, Andrew Stevens, and Barbara Young were present during consideration of this report by the Priorities and Planning Committee.
The Priorities and Planning Committee, at its meeting held on June 20, 2019, considered the following report from the Executive Committee:
RECOMMENDATION OF THE EXECUTIVE COMMITTEE
- JUNE 12, 2019
1. That an approach to massage parlours in Regina be adopted that regulates the industry as a business and that focuses on harm reduction for workers, operators and their clients.
2. That the City Solicitor be directed to prepare the necessary bylaw to amend the Regina Zoning Bylaw No. 9250 and its successor which may be in force at the time of implementation (The Regina Zoning Bylaw, 2019 No. 2019-19) to:
(a) distinguish between massage parlours and therapeutic massage by:
(i) amending the definition of Personal Service Establishment to include massage therapy, defined as therapy provided by a Registered Massage Therapist within the context of the bylaws and ethics of the Massage Therapist Association of Saskatchewan, Inc. (MTAS) or the Natural Health Practitioners of Canada (NHPC); and
(ii) removing the term Massage Parlour and substituting Body Rub Establishment wherever it occurs; and
(b) allow massage parlours as a discretionary use in industrial and major arterial commercial zones (MAC or the equivalent in any new zoning bylaw). This amendment would:
(i) apply separation distances equal to the equivalent of one city block between massage parlours and:
§ schools;
§ churches;
§ daycares; and
§ other massage parlours; and
(ii) apply the separation distances in (i) to existing massage parlours as follows:
§ the separation distance between massage parlours and schools, churches and daycares would apply immediately. This will require some massage parlours to relocate or shut down as soon as the bylaw comes into force; and
§ existing massage parlours that do not meet separation distances between massage parlours, but otherwise comply with zoning regulations, would be grandfathered until one of the establishments moves or shuts down.
3. That the plan to develop a licensing program for massage parlours as outlined in Option B of this report be approved. That plan requires massage parlours to:
(a) operate only within specified hours of operation;
(b) comply with health and safety standards;
(c) ensure workers are of legal age and legally able to work in Canada; and
(d) ensure that workers receive training in safe practices and community resources as determined by the City of Regina.
4. That the Administration return to City Council with details of the licensing program in accordance with the policy intentions outlined in Recommendation 3 by March 31, 2020 to allow the City Solicitor to prepare bylaw amendments and/or new bylaws by June 30, 2020.
5. That the implementation plan contained in Appendix A – High Level Implementation Plan be approved.
6. That this report be forwarded to the June 24, 2019 meeting of City Council for approval.
EXECUTIVE COMMITTEE – JUNE 12, 2019
The following addressed the Committee:
- Randall Donison
- Marilyn Degelman
- Graham A. Beke, representing, International Student Assistance Association of Regina
- Janette Rieger
- Ed Smith
- Andrew Waithe, representing, Regina Evangelical Ministerial Association
- Roy Beuker
- Mira Krahn
- Terry Murphy, Regina Victory Church
- Shayna Stock, representing, Heritage Community Association
- Terri Lynne Murphy, representing, Fearlessly Me Women's Group
- Jane Gattinger
- Steve Selenski
- Logan Rohatyn
- Kristen Hill
- Devon Hill, representing, Freedom Catalyst Regina
- Rev. Glen Povey, representing, Morning Star Ministries
- Fred Hill
The Committee adopted a resolution to table this report to a future meeting to be determined by the City Clerk.
Mayor Michael Fougere, Councillors: Joel Murray (Chairperson), Lori Bresciani, Sharron Bryce, John Findura, Jerry Flegel, Bob Hawkins, Jason Mancinelli, Mike O’Donnell, Andrew Stevens and Barbara Young were present during consideration of this report by the Executive Committee.
The Executive Committee, at its meeting held on June 12, 2019, considered the following report from the Administration:
RECOMMENDATION
1. That an approach to massage parlours in Regina be adopted that regulates the industry as a business and that focuses on harm reduction for workers, operators and their clients.
2. That the City Solicitor be directed to prepare the necessary bylaw to amend the Regina Zoning Bylaw No. 9250 and its successor which may be in force at the time of implementation (The Regina Zoning Bylaw, 2019 No. 2019-19) to:
(a) distinguish between massage parlours and therapeutic massage by:
(i) amending the definition of Personal Service Establishment to include massage therapy, defined as therapy provided by a Registered Massage Therapist within the context of the bylaws and ethics of the Massage Therapist Association of Saskatchewan, Inc. (MTAS) or the Natural Health Practitioners of Canada (NHPC); and
(ii) removing the term Massage Parlour and substituting Body Rub Establishment wherever it occurs; and
(b) allow massage parlours as a discretionary use in industrial and major arterial commercial zones (MAC or the equivalent in any new zoning bylaw). This amendment would:
(i) apply separation distances equal to the equivalent of one city block between massage parlours and:
§ schools;
§ churches;
§ daycares; and
§ other massage parlours; and
(ii) apply the separation distances in (i) to existing massage parlours as follows:
§ the separation distance between massage parlours and schools, churches and daycares would apply immediately. This will require some massage parlours to relocate or shut down as soon as the bylaw comes into force; and
§ existing massage parlours that do not meet separation distances between massage parlours, but otherwise comply with zoning regulations, would be grandfathered until one of the establishments moves or shuts down.
3. That the plan to develop a licensing program for massage parlours as outlined in Option B of this report be approved. That plan requires massage parlours to:
(a) operate only within specified hours of operation;
(b) comply with health and safety standards;
(c) ensure workers are of legal age and legally able to work in Canada; and
(d) ensure that workers receive training in safe practices and community resources as determined by the City of Regina.
4. That the Administration return to City Council with details of the licensing program in accordance with the policy intentions outlined in Recommendation 3 by March 31, 2020 to allow the City Solicitor to prepare bylaw amendments and/or new bylaws by June 30, 2020.
5. That the implementation plan contained in Appendix A – High Level Implementation Plan be approved.
6. That this report be forwarded to the June 24, 2019 meeting of City Council for approval.
CONCLUSION
The Administration recommends approval of a number of initiatives to address the regulation of massage parlours. The regulations respond to the growth the City of Regina (City) has seen in the number of massage parlours in recent years, and are intended to ensure that these establishments:
§ do not unduly affect the character of a neighbourhood; and
§ do not create unsafe circumstances for the surrounding neighbourhood, the workers in the establishments and their clients.
Regulatory options vary depending on the City’s policy rationale for massage parlours. The Administration is recommending a regulatory framework that moderately regulates the industry instead of prohibiting it and focuses on safety and harm reduction for those working and using massage parlours. The proposed regulations will also serve to minimize the negative impacts of such establishments on the character of the neighbourhood within which it is located.
The recommendations were arrived at after extensive engagement with the public, workers and operators of massage parlours, with other cities regarding their regulatory approaches, with the Regina Police Service (RPS) Vice Unit, and with academics with expertise in criminology and sex work.
BACKGROUND
This report responds to the Executive Committee’s direction in December 2018 that Administration implement an engagement plan on the options to regulate massage parlours (E18 – 35 Plan to Engage the Public and Stakeholders on the Regulation of Massage Parlours).
This report summarizes the results of that engagement plan and recommends a regulatory framework.
The historic decisions related to this issue are outlined in Appendix B – Historical Background.
Engagement Results
Administration undertook extensive engagement and consultations with the general public, community interest groups, workers and operators. A full report of the engagement process is provided in Appendix C – Summary of Engagement on Regulating Massage Parlours. Highlights of the results are outlined below.
Participants
- 50 residents participated in the public meetings; 46 residents provided written responses; and 4 engaged in private interviews. As well, two community organizations provided written comments.
- 6 operators participated in a workshop session, 1 provided a written response and 4 agreed to private meetings.
- 3 interviews with front-line workers were conducted by proxy through a trusted service organization, the Regina Sexual Assault Centre.
- An information session was conducted with 2 academics, and representatives from the City of Edmonton and with the Regina Police Service Vice Unit, to provide additional context.
Key engagement findings include:
- The vast majority of residents consulted want massage parlours banned, based on their perceptions that they contribute to trafficking and sexual exploitation and that they are immoral and illegal. A minority of participants recognized the risk in banning massage parlours entirely. Participants agreed with the need to distinguish between licensed registered massage therapy and other services. Most agreed on the need for resources to support workers leaving the sector.
- Operators said they want their businesses to stay where they are. A map of the suspected locations of massage parlours in Regina can be found in Appendix D – Map of Suspected Massage Parlours. They expressed concerns about licensing one type of sex worker and not others, such as escorts, and suggested an outright ban would put workers at risk. Operators indicated they are willing to be licensed, subject to regular inspections and with appropriate separation distances.
- Front line workers indicated they support a zoning and licensing framework, with requirements for age, photo identification and eligibility to work in Canada, health and safety standards and training on how to leave the sector.
- Industry academics and the City of Edmonton support a harm reduction approach where the work is regulated, not banned. They cautioned against creating a system so onerous that workers would not be willing to participate.
- The RPS Vice Unit suggested that licensing fees should be affordable but with tough penalties for non-compliance to make it in the businesses’ interest to comply.
DISCUSSION
There are four options for regulating massage parlours discussed below, along with their advantages and disadvantages. A full description of the issues and choices associated with each option is included in Appendix E – Issues and Choices.
All options discussed below require amendments to the Regina Zoning Bylaw No. 9250 (Zoning Bylaw) and its successor (The Regina Zoning Bylaw, 2019 No. 2019-19) which may be in force at the time of implementation, to change the term massage parlours to body rub establishments (the term most commonly used in other jurisdictions) and to specifically define massage therapy as therapy provided by a Registered Massage Therapist within the context of the bylaws and ethics of Massage Therapist Association of Saskatchewan (MTAS) or the Natural Health Practitioners of Canada (NHPC). These amendments will improve the City’s ability to enforce its current or any future zoning for massage parlours by distinguishing them from establishments providing therapeutic massage.
A. Status Quo (with definitions clarified)
This option assumes that the Zoning Bylaw is amended as described above to distinguish between therapeutic massage and other forms of massage. Massage parlours would continue to be a discretionary use in industrial zones with no required separation distances, but not allowed in other areas of the City.
Pros | Cons |
|---|
+ Addresses concerns about the character of neighbourhoods. + Responds to community input preferences on location if massage parlours are not banned. | - Would likely require intensive enforcement efforts at the outset to ensure massage parlours operating outside of industrial zones are shut down or moved. - Does not address safety concerns for workers or clients – work would take place in low traffic, unpatrolled areas with few public transportation options. - Only two suspected massage parlours currently operate in the industrial zone. All other operations would be required to shut down or move. - Ignores CPTED (for more background see Appendix E) principles regarding the location of massage parlours, requiring them to operate in an area that most workers consider unsafe and is difficult for the RPS to patrol. - Isolating massage parlours will likely contribute to greater stigmatization of sex workers. |
B. Expand zoning of massage parlours as a discretionary use in major arterial commercial (MAC or the equivalent in any new zoning bylaw) with separation distances, and license massage parlours (RECOMMENDED OPTION).
This option combines the regulatory force of both zoning and licensing to achieve the dual objectives of safety for workers and clients and protecting the character of the neighbourhoods within which massage parlours are located. Crime Prevention Through Environmental Design (CPTED) principles are generally more evident in MAC zones than in industrial. There is more consistent street lighting, pedestrian and vehicular traffic, as well as routine police patrols, improving safety for both clients and workers. Licensing can also be used to enhance safety features with requirements for building entrances, windows, and lighting.
This option would allow most massage parlours to continue to operate in their current locations provided they meet the required separation distances from schools, churches and daycares (see map in Appendix D). With the Zoning Bylaw changes, Development Control Officers could order massage parlours to comply with separation distances from schools, churches and daycares under the authority of The Planning and Development Act. Since none of the current massage parlours are fully compliant with existing zoning regulations, they would not be considered to be non-conforming should the zoning requirements change. While separation distances would apply between massage parlours, existing businesses that are otherwise compliant with zoning and licensing requirements would be grandfathered until such time as the non-compliant business moves or closes.
The Administration is recommending that massage parlours be a discretionary, rather than a permitted, use consistent with the current regulation. Making the use discretionary allows Council to consider the land use effects of each location individually. However, Section 53 of The Planning and Development Act provides that, if a council passes a bylaw that makes a particular use a discretionary use, council is deemed to have approved the use if the use exists at the time of passing of the bylaw. Any existing massage parlour that is compliant with the amended zoning bylaw would be deemed to have been approved at the time the amending bylaw is approved. For any future massage parlours, every discretionary use application will need to be approved by Council. Given the separation distances and licensing requirements related to business hours and lighting, Council may determine that it prefers to rely on those requirements rather than assess each location individually. If so then the use should be amended to permitted.
This option would license massage parlours, and not workers, but with licence requirements that would apply to both businesses and workers. This is the same approach used to regulate establishments that serve alcohol under provincial legislation, which require businesses to ensure workers are of legal age and have training so that customers are not over-served. Note that licensing allows for routine compliance inspections. It is recommended that Regina follow Edmonton’s example in this regard and treat inspections as outreach and relationship building opportunities with the sector, with a focus on harm reduction rather than strict enforcement. Accordingly, most inspections would be conducted by City employees rather than the RPS.
This option provides an appropriate balance between best practice (as described by academics) and the interests of those consulted through the engagement process. Those who are calling for a ban were most concerned about the safety of sex workers. This option addresses that concern but avoids the risk of further victimization that might arise from a ban. It also avoids the potential legal implications that might arise from imposing a ban.
Pros | Cons |
|---|
+ The onus is on operators to ensure that the business is operating within the regulations. + Protects the privacy of workers. + Minimizes the impact of massage parlours on adjacent properties and the surrounding neighborhood through licence requirements for signage, hours of operation, and property appearance. + Increases the safety of workers and clients. + There are some suspected massage parlours that currently operate in residential areas. These would be required to move or shut down. + With fewer than 20 licences per year expected, the City would not require new licensing software. If workers were licensed, new software would be required to allow licence information to be searched by police outside of normal business hours. + Applies CPTED principles to the location of most current massage parlours while still allowing the one suspected business operating in the industrial zone to continue to do so. | - Creates an expectation on the operator to ensure workers meet criteria, which may be vulnerable to falsification on the part of workers. - Because of the low number of licences, only a small proportion of the costs will be recovered by licence fees. - Treats massage parlours differently than other businesses doing ‘body’ work. |
C. Expand zoning of massage parlours as a discretionary use to include major arterial commercial zones (or the equivalent in any new zoning bylaw) with separation distances, and license both massage parlours and workers.
This option is similar to Option #B except it licenses both operators and workers. While this is the most common approach used by other jurisdictions, Administration is not recommending it due to privacy concerns. Saskatchewan’s privacy laws consider licence information to be public information, which means it cannot be protected except in limited circumstances. During the engagement process, workers expressed fears that public disclosure would violate their right to privacy and potentially expose them to life-threatening consequences, including violence, eviction, and social shaming.
Pros | Cons |
|---|
+ The onus is on both operators and workers to ensure that the business is operating within the regulations. + Minimizes the impact of massage parlours on adjacent properties and the surrounding neighborhood through licence requirements for signage, hours of operation, and property appearance. + Increases the safety of workers and clients. + There are some suspected massage parlours that currently operate in residential areas. These would be required to move or shut down. + Consistent with the City’s jurisdiction and Supreme Court of Canada rulings regarding the regulation of sex work. + Applies CPTED principles regarding the location of most current massage parlours while still allowing the one suspected business operating in the industrial zone to continue to do so. + May recover a higher proportion of the licensing costs because more licenses will be issued, although it is still not likely to recover all costs. | - Does not protect the privacy of workers. - Would require new licensing software to allow licence information to be searched by police outside of normal business hours. This would increase the costs and delay the implementation. - Treats massage parlour workers differently than other businesses doing ‘body’ work, adding to the stigmatization of the work. |
D. Ban massage parlours.
This is the preferred option for the majority of residents who participating in the public engagement process. This option does not support the stated goal of protection of workers. In 2013 the Supreme Court of Canada found that the criminal laws prohibiting the sale of sexual services from a building violated of the Charter rights of the workers to security of the person. This case and others present significant jurisdictional and constitutional risks as further outlined in Appendix E, Issues and Choices.
Pros | Cons |
+ Responds to significant community input. | - Is likely to result in sector workers moving to more high-risk sex work such as street prostitution or moving to other cities where massage parlours are not banned, potentially increasing their vulnerability. Does not result in harm reduction. - While improvements to the definition of therapeutic massage in the Zoning Bylaw would help in enforcing a ban, enforcement challenges remain. Without additional enforcement resources, a ban may result in massage parlours simply continuing to operate and is unlikely to reduce the amount of sex work in Regina. |
RECOMMENDATION IMPLICATIONS
Financial Implications
Resources to implement the recommendation would be required as part of the 2020 and 2021 budget processes. Personnel costs would include costs related to the transition and implementation of the new program in 2020, including outreach to massage parlours. Ongoing costs beginning in 2021 relate to personnel costs for zoning approvals and enforcement, licensing, and RPS support for criminal record, property ownership and business ownership checks. Additional costs for training of body rub practitioners, in partnership with a community organization, through an annual grant, may also be incurred.
The estimated annualized cost of the program is $310,000 plus any grant provided to a community partner organization for training of workers.
| 2020 | 2021 |
Development Officer | $ 100,000 | $ 100,000 |
Licensing Officer | 90,000 | 90,000 |
RPS Personnel | 0 | 120,000 |
Annual Costs | $ 190,000 | $ 310,000 |
From a cost recovery perspective, the City is allowed to recover a percentage of the administrative and enforcement costs of a licensing system. However, full cost recovery is seldom achievable because it makes the cost of licensing prohibitive. Indeed, Edmonton found that prohibitive licence costs simply lead to non-compliance. Taking a harm-reduction approach to the sector has more effect from the perspective of safety and neighbourhood impact. This makes the program heavily subsidized by tax-revenues.
Environmental Implications
None related to this report
Policy and/or Strategic Implications
The recommended option is consistent with the City’s vision as outlined in Design Regina: The Official Community Plan, Bylaw No 2013-48 on pages 5-6:
“Some of the key considerations in the development of the Plan are outlined as follows:
* * *
§ Harmony – Empathy and understanding come from, and lead to, being safe in our homes and neighbourhoods; building strong social networks throughout the community creates synergy and sense of belonging.”
And on pages 55-57:
“Social Development
* * *
Goal 3 – Community Security
Ensure that Regina is a safe community where everyone feels secure in their homes and neighbourhoods.
* * *
Policy 13.12: Promote health and safety by embracing the principles of Crime Prevention through Environmental Design (CPTED).”
Other Implications
An implementation plan has been developed and is attached to this report as Appendix A. It will require significant resources and oversight during the implementation phase. The financial implications above do not attempt to cost these resources but assumes they will come from current resources. This suggests that other work may need to be deferred to achieve the timeline.
Accessibility Implications
None related to this report
Legal Implications
The legal implications of the options presented in this report are discussed Appendix E, Issues and Choices.
COMMUNICATIONS
The key message of the recommended option is: The City of Regina is committed to protecting the character of neighborhoods while still ensuring the safety of its most vulnerable.
Significant cross jurisdictional research has been undertaken in the development of this report. Engagement has occurred with the following:
§ City of Saskatoon
§ City of Edmonton
§ Saskatchewan Health Authority
§ Regina Police Service (which participated in the project team developing these recommendations)
§ Residents
§ Workers and operators from massage parlours
DELEGATED AUTHORITY
The recommendations in this report require City Council approval.
Respectfully submitted,
PRIORITIES AND PLANNING COMMITTEE
