Holistic Practitioners By-law (2.0)

Attendance

Chair: Councillor G. McKelvey

Others: Councillor A. Chiu

Councillor S. Daurio

Regional Councillor J. Heath

Councillor D. Horchik

Regional Councillor J. Jones (6.25)

Deputy Mayor F. Scarpitti

Councillor K. Usman

Councillor J. Virgilio

A. Taylor, Commissioner, Corporate Services

S. Birrell, Town Clerk

D. Barker, Senior Provincial Offences Officer

K. Gunn, Special Projects Coordinator

B. Labelle, Senior Enforcement and Licensing Clerk

L. Valentini, Assistant Town Solicitor

B. Wiles, Manager, Enforcement & Licensing

C. Raynor, Committee Clerk

The public information meeting dealing with a proposed by-law to register holistic practitioners, convened at 6:10 p.m.

An advertisement giving notice of this Public Information Meeting had been placed in the Markham Economist and Sun on June 22, 2004, and 27 notices had been mailed on June 15, 2004.

Councillor G. McKelvey introduced Ms. S. Birrell, Town Clerk, who then introduced the other staff members present. It was stated that staff would make a presentation, Committee would ask questions, and then the public would be invited to make comments. Subsequently, staff will respond to those comments.

PRESENTATIONS

Ms. D. Barker, Senior Provincial Offences Officer, briefly outlined the existing legislation relating to body-rub and complementary healthcare establishments. The proposed by-law would require that holistic practitioners be registered with a recognized Canadian professional association.

The Committee was advised that staff has been in contact with the industry since November 2003. The Committee sought clarity on the professional associations recognized by the Town. Staff advised that eight (8) associations are currently recognized and that more will be considered. The complete list will be available as a schedule to the final by-law.

Staff also advised that the proposed by-law would not itself regulate the industry, but that the recognized associations will have their own code of ethics with which members will have to comply.

INDUSTRY COMMENTS

Members of the industry, and public, were invited to provide comments.

Mr. G. Hallman stated that 40-60% of practitioners do not belong to a professional association, especially those that volunteer their services. He also noted that different holistic practices have different associations, each with differing codes of ethics. He also suggested that the proposed registry could provide further “camouflage” for sex trade workers; they could seek an accreditation with one of the holistic practices and be exempted from the body-rub by-law provisions.

He suggested that the final by-law should exempt any volunteer, or unpaid, workers, anybody that works in a hospital, hospice, or anywhere else that is governed by other legislation, and anybody that practices fully-clothed, between normal working hours.

Mr. R. Wong, a member of the Canadian Association of Acupuncture and Chinese Medicine, advised that his association requires four (4) years of training before accreditation. He also noted that the City of Toronto is developing a by-law dealing with Chinese medicine. He requested that the Town of Markham defer its holistic practitioner registry until the City of Toronto by-law is finalized.

Ms. S. Smith, member of the Ontario Polarity Therapy Association, advised that her association requires three (3) years of training and that all practitioners must be over the age of eighteen (18). She noted that many associations are international, and that the by-law should not limit approval to only membership of Canadian associations.

Ms. S. Johnston, Therapeutic Touch practitioner noted that she would support a reduced, or waived, registration fee for practitioners who volunteer their services. She also suggested that the by-law be broadened to include those who are taught by a recognized teacher, even if they do not belong to an approved association. Ms. Johnston also noted that the term “complementary healthcare” has a spurious connection to the adult industry, even though holistic practitioners are complementary healthcare providers. She suggested the Town review ways to remedy this perception in the future.

Mr. B. Close, a cranio-sacral therapist, spoke in support of the draft by-law. He suggested that it also accept international training, rather than only Canadian training.

Mr. D. Reid, member, Reflexology Registration Council of Ontario, thanked staff and Committee for their efforts thus far, and stated his support for the draft by-law. He queried how the Town would define a “volunteer”, and whether a volunteer would be permitted to accept donations.

Ms. G. Sandler, a Therapeutic Touch practitioner and teacher, supported the exemption from the by-law of volunteers. She suggested a separate registry be established for them, and that no registration fee be required. She also suggested it would be difficult for body-rub attendants to get accreditations through these professional associations as they have very strict rules and regulations, as well as requiring substantial training.

Ms. M. Richards, aromatherapist, advised that her professional association also had stringent requirements. She supported the distancing of holistic practitioners from the body rub industry. Ms. Richards noted she would support the Town preventing body-rub parlours from advertising the provision of aromatherapy services.

STAFF RESPONSES

Ms. S. Birrell advised that all the comments would be considered when finalizing the by-law, but that she could address some issues immediately:

a) The holistic practitioner registry is designed to help distance practitioners from the adult industries, rather than creating an additional burden;

b) Ms. Birrell noted that a registration fee could be waived for volunteer workers, but that they would still have to meet the other requirements of the by-law;

c) Practitioners operating in doctor’s offices, hospitals and similar are already exempted from the requirements of the by-law;

d) It may be possible in the future to eliminate usage of the term “complementary healthcare” from the body-rub by-law. This might alleviate the current negative connotations associated with the term;

e) The Town might not have authority to prevent body-rub parlours using the term “Aromatherapy”.

f) Staff would prefer not to delay the passage of a by-law registering holistic practitioners until the City of Toronto by-law is finalized. The Town of Markham does not wish to licence holistic practitioners and wishes to differentiate between them and the body rub industry, and to ensure they are not subject to high licence fees.

Staff also noted that the qualification requirements of this proposed by-law will make it difficult for body-rub workers to claim they are holistic practitioners. It was also noted that staff want to complete work on this by-law as soon as possible rather than waiting for the City of Toronto by-law to be finalized.

The Committee noted that the Town Licensing Committee has taken a tough stance against body-rub parlours in the past year. It was stated that sixteen (16) out of seventeen (17) appeals against licence revocation by body-rub parlours had been denied.

RESOLUTION

Staff advised that a report will be presented to the Finance and Administrative Committee in the fall. All attendees that signed in at the public meeting will be notified of the precise date, and will be entitled to speak before the Committee if they wish. Councillor G. McKelvey also advised that Committee agendas are available from the Clerk’s Department and the Town website on the Friday afternoon preceding the Committee meeting.

ADJOURNMENT

The public information meeting adjourned at 7:10 p.m.