Workers continue to raise questions about Newmarket's new body rub rules

Alternative massage workers in Newmarket are bracing for what the future may hold in the wake of the town's approval of new rules for body rub parlours.

While the town says the regulations are aimed at curbing sexual services at these parlours, Asian advocates such as Friends of Chinatown TO organizer Tanya Mok said it could cost many massage workers their livelihoods, whether or not they offer sexual services.

Mok said workers could struggle to find alternative incomes and should not be forced to find new jobs.

“It’s incredibly unrealistic for Newmarket to expect these women to drop their current status of employment to pursue certification in a system that doesn’t really exist yet,” Mok said.

The town's regulations on “personal wellness establishments," approved June 21, will require more licensing and worker accreditation for alternative massage businesses.

Workers are required to have post-secondary accreditation for their field. But there is an exception meant to capture non-Western practices, allowing workers to qualify if no such accreditation exists for their practice. 

Elene Lam spoke against the rules on behalf of Butterfly, a Toronto-based Asian and migrant sex worker advocacy group. She said the policy would need to use an anti-racism lens in its implementation to address the barriers workers might face, such as language. 

“If they do not really have the understanding of systematic racism, they will not be able to understand how to make it accessible,” Lam said.

Newmarket manager of regulatory services Flynn Scott said third-party translation would be available for every step of the process, and translated applications would be available. He said workers will be evaluated on a case-by-case basis.

"Any person with some level of credentials will be evaluated," Scott said. "The process is simple: submit your application with your applicable credentials and a review will be conducted with the applicant."

But applicants seeking an exemption to post-secondary training will need to establish they meet requirements somehow, depending on the type of massage. The rules stipulate that workers could do this by proving they are in good standing with an applicable association, or "any other relevant documentation" requested by the municipality. 

Lam said consideration should be given for on-the-job training and mentoring. Timing will also be important, Lam said, to ensure a worker can get approved at a new massage job.

“If you want to find a job, you need certainty,” Lam said. “The owner will not know whether they can hire them until they get approval. We don’t know how long it takes."

She added in other cities, these workers have faced stereotypes and assumptions they are trying to work illegally. 

"Remove that stereotype and discrimination to have a fair process,” Lam said.

York Regional Police will be part of the process, but Scott emphasized they would not be part of interviews or on-site inspections. Police could offer non-binding input on a business application, such as any records of charges. 

Even though businesses selling erotic massages are already illegal under federal law, sex work advocates are challenging that law. Butterfly is one of the 25 groups that are part of the Canadian Alliance for Sex Work Law Reform, which launched a constitutional challenge against sex work laws March 30.

Lam said people should respect the rights of sex workers, and that criminalizing aspects of the sector increases violence against the workers. 

“They are not criminals and they should be able to access rights and protection like all other people,” Lam said.