CITY OF EDMONTON
MASSAGE PRACTITIONERS BYLAW
BYLAW NO. 10396
(CONSOLIDATED ON DECEMBER 01, 2009)
Bylaw 10396
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THE CITY OF EDMONTON
CONSOLIDATION
BYLAW NO. 10396
A Bylaw of the City of Edmonton to License, Regulate and
Control Massage Practitioners and Massage Centres
SHORT TITLE AND DEFINITIONS
1.
This Bylaw may be cited as the "Massage Practitioners Bylaw".
2.
(1)
In this Bylaw, unless the context otherwise requires:
(a)
"carry on" or "carries" means operate, perform, keep, hold, occupy, deal
in or use for gain whether as principal or agent;
(b)
"Chief of Police" means the Chief of Police of the Edmonton Police
Service, or any member of the Edmonton Police Service who has been
delegated to perform duties pursuant to the provisions of this Bylaw;
(c)
"City" means City of Edmonton;
(d)
"License Bylaw" means Bylaw Number 6124 of the City, as amended
from time to time, or any successor or replacement Bylaws;
(e)
"licensee" means the holder of a license issued pursuant to this Bylaw;
(f)
License Inspector" means the person appointed from time to time as the
License Inspector pursuant to the provisions of the License Bylaw;
(g)
"massage" is the physical external manipulation of the soft tissues of the
human body by another person;
(S.1, Bylaw No. 10848, November 8, 1994)
(h)
"Massage Centre" means premises or any part thereof where members
of the general public attend, are invited to attend, or through which they
may arrange an appointment to receive a massage for a fee;
(S.1, Bylaw No. 11168, January 23, 1996)
(i)
"Massage Practitioner" means any person who administers a massage or
offers to administer a massage for a fee;
(S.2, Bylaw No. 11168, January 23, 1996)
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(2)
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(j)
"person" includes a body corporate;
(k)
"Police Officer" means any person appointed as a police officer for the
Edmonton Police Service or Royal Canadian Mounted Police.
This Bylaw does not apply to:
(a)
a person who carries on a business or occupation which is limited
exclusively to massaging of the feet, hands, head or face; or
(b)
massages administered as part of a skin care treatment by an aesthetician
or beautician, where the massage is for the purposes of product application
and is a minor or incidental and secondary part of the treatment; or
(S.4, Bylaw No. 11168, January 23, 1996)
(c)
massages administered by medical or therapeutic professionals, who are
registered or otherwise entitled to practise under the laws of the Province
of Alberta, and whose professional qualifications and registration are in
good standing.
(S.2, Bylaw No. 10848, November 8, 1994)
APPLICATION OF LICENSE BYLAW
3.
Except where inconsistent with this Bylaw, the general licensing provisions of the
License Bylaw shall apply mutatis mutandis to this Bylaw and licenses issued pursuant to
this Bylaw.
LICENSES
4.
No person shall carry on the business of a massage centre without having a valid and
subsisting license issued by the License Inspector pursuant to the provisions of this
Bylaw.
5.
(1)
Each application for a license to carry on the business of a massage centre
pursuant to this Bylaw shall be made to the License Inspector, and shall include
the following information:
(a)
the name, residential address and telephone number of the applicant or, in
the case of a body corporate, the names, residential addresses and
telephone numbers of all Officers and Directors;
(b)
the address for the proposed place of business;
(c)
the name and residential address of the principal managing employee
thereof;
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(2)
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(d)
the name or names of any other person or persons, and their residential
address, having any financial interest in the business for which the
application is made; and
(e)
when the applicant is a body corporate, its registered address and proof of
due incorporation.
The License Inspector shall refer all applications for a license to carry on the
business of a massage centre to the Chief of Police, and shall not issue any license
until the Chief of Police has reported on the application.
6.
Every person to whom a license has been issued to operate a massage centre shall post the
license in a conspicuous place in the premises where the business is operated.
7.
(1)
(2)
Every person carrying on the business of operating a massage centre shall keep on
the premises a current list of all persons employed in the massage centre, which
said list shall contain the following information:
(a)
the true name of each employee and any nickname or alias by which that
employee is known;
(b)
the birth date of each employee;
(c)
the employee's residential address and telephone number; and
(d)
the employee's current and subsisting license number when that employee
is required to be licensed pursuant to this Bylaw.
Every person carrying on the business of a massage centre shall furnish on
demand to any Police Officer or the License Inspector, or any person authorized to
act on his behalf, a list of all current employees, such request to be reasonably
related to the enforcement of this Bylaw.
8.
No person shall carry on the business of a massage practitioner without having a valid
and subsisting license issued by the License Inspector pursuant to the provisions of this
Bylaw.
9.
(1)
Every person who is required by Section 8 of this Bylaw to obtain a license shall
submit an application to the License Inspector for his consideration.
(2)
The License Inspector shall refer all applications for a license to carry on the
business of a massage practitioner to the Chief of Police and shall not issue any
license until the Chief of Police has reported on the application.
(3)
Every application for a massage practitioner license to be issued pursuant to this
Bylaw shall include the following:
(a)
the full proper name, birth date, residential address and telephone number
of the applicant;
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(b)
(4)
the applicant's birth certificate or other documentary confirmation of
identity other than the Social Security or Social Insurance Number.
The License Inspector shall review and assess the program and training provided
by schools or institutes which provide a certificate program in massage
instruction. Based on this review the License Inspector shall maintain a list of all
schools or institutes which are recognized under this Bylaw as providing a
satisfactory certificate program in massage of at least 250 hours of instruction.
(S. 5, Bylaw No. 11168, January 23, 1996)
10.
(1)
No applicant for a license as a Massage Practitioner shall be issued a license
unless the applicant:
(a)
is the holder of a certificate of proficiency from a school or institute
providing a verifiable certificate program and which is listed with the
License Inspector pursuant to s.9(4); or
(S.6, Bylaw No. 11168, January 23, 1996)
(S.1, Bylaw No. 11265, February 18, 1997)
(b)
has satisfied the License Inspector that he or she is the holder of a
Certificate of Proficiency in Massage based on a verifiable curriculum
requiring a minimum of 250 hours of instruction, or is at least as qualified
to administer massage as a person who is the holder of a Certificate of
Proficiency as described in (a).
(S.3, Bylaw No. 10848, November 8, 1994)
(2)
A person currently licensed as a Massage Practitioner may continue to be so
licensed provided that they comply with the terms and conditions of this Bylaw.
(S.4, Bylaw No. 10848, November 8, 1994)
11.
(3)
Every applicant for a license to carry on the business of a massage practitioner
shall be at least 18 years of age.
(4)
Before issuing a license to carry on the business of a massage practitioner, the
License Inspector shall require the successful applicant to be photographed and
that photograph shall form a part of the license being issued.
In addition to any requirements of this Bylaw in respect of massage practitioners, a
massage practitioner who carries on the business of a massage centre must obtain a
massage centre license, and is required to observe all the applicable requirements of this
Bylaw with respect to massage centres.
(S.7, Bylaw No. 11168, January 23, 1996)
11.1
(1)
Any licensee under this Bylaw who advertises or causes advertising to be placed,
or distributed, respecting the licensee or the services offered by the licensee must
include the license number of any current license(s) issued to the licensee under
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this Bylaw as part of any advertisement placed in any newspaper, magazine or
periodical.
(2)
This section will not apply to business cards, pamphlets or advertising placed in
telephone directories.
(S.2, Bylaw No. 11265, February 18, 1997)
12.
When the information required to be provided to the License Inspector pursuant to
Sections 5 and 9 of this Bylaw becomes inaccurate, updated and accurate information
shall be immediately provided by the licensee to the License Inspector.
(S.3, Bylaw No. 11265, February 18, 1997)
13.
Any person operating a massage centre or any person who engages a massage practitioner
shall use in his business operations only such persons as massage practitioners who are
licensed as such pursuant to this Bylaw.
14.
(1)
(2)
(3)
No person shall carry on the business of a massage practitioner or massage centre
between the hours of 11:00 o'clock in the evening and 7:00 o'clock in the
morning.
A person who carries on the business of a massage centre shall not allow or
require any person to work as a massage practitioner during the hours which the
business is required to cease operations pursuant to Subsection (1).
Exemptions from Subsections (1) and (2) may be applied for by written
application to the License Inspector which application includes the time periods
for which the exemption is sought and the reason for the request.
15.
Every application for a license under this Bylaw must contain true and accurate
information and be made by a bona fide applicant in the form of a Statutory Declaration.
16.
(1)
No license shall be issued pursuant to this Bylaw until the applicant therefor has
paid to the City, the License fee prescribed in Schedule A;
(2)
Repealed
(3)
Repealed
(S.7(a)(b), Bylaw 14169, December 14, 2005)
(S.7(a)(b), Bylaw 14427, December 6, 2006
17.
Every licensee shall produce his or her license when requested to do so by the License
Inspector or a Police Officer.
TERM AND EXPIRY OF LICENSES
18.
(1)
All massage centre licenses issued pursuant to this Bylaw shall expire at midnight
on December 31st of the year of issue, unless earlier revoked or suspended by the
License Inspector during that year, or surrendered by the Licensee.
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(2)
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All Massage Practitioner’s licenses issued pursuant to this Bylaw shall expire one
year from the date of application, unless earlier revoked or suspended by the
License Inspector during that year, or surrendered by the Licensee.
(S.8, Bylaw 11168, January 23, 1996)
REVOCATION AND SUSPENSION
19.
(1)
Except as provided for in this Bylaw, the revocation and suspension of license
provisions in Bylaw No. 6124 (City of Edmonton License Bylaw, as amended
from time to time) apply to the revocation and suspension of licenses under this
Bylaw.
(2)
Subject to the same right of appeal as provided for in the License Bylaw, the
License Inspector shall revoke a person’s license to carry on the business of a
massage practitioner or massage centre if:
(a)
in his opinion, there are reasonable grounds to believe that the licensee has
performed massage on a client’s genitalia, or
(b)
if the License Inspector determines that the licensee has been convicted of
any offence involving violence or of a sexual nature pursuant to the
Criminal Code of Canada, as amended from time to time, or any successor
or replacement legislation.
(3)
A license may be suspended or revoked for non-compliance with any City Bylaw
notwithstanding that the holder of it has not been prosecuted for a contravention
of that Bylaw.
(4)
Where any license under this Bylaw has been revoked or suspended, such license
shall be surrendered to the License Inspector.
(S.9, Bylaw No. 11168, January 23, 1996)
(5)
When a licensee fails to comply with Section 12 of this Bylaw, his/her license
shall be immediately suspended by the License Inspector until such time as the
licensee provides the information required therein to the satisfaction of the
License Inspector.
(S.4, Bylaw No.11265, February 18, 1997)
PENALTIES
20.
A person who fails to do anything which he or she is required to do pursuant to this
Bylaw, or who does anything which he or she is prohibited from doing under this Bylaw,
is guilty of an offence and is liable on Summary Conviction:
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(1)
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For a first offence, to a fine of not less than $400.00 and not more than $10,000.00
or, in the default of payment of the fine and costs, to imprisonment for not more
than 60 days; and
(S. 11, Bylaw No. 11168, January 23, 1996)
(S.5, Bylaw No. 11265, February 18, 1996)
(2)
For a second or subsequent offence, to a fine of not less than $1,000.00 and not
more than $10,000.00 or, in default of payment of the fine and costs, to
imprisonment for not more than 6 months; unless in either case the fine and costs,
including the cost of committal, are sooner paid.
(S.12, Bylaw No. 11168, January 23, 1996)
(S.6, Bylaw No. 11265, February 18, 1996)
21.
Bylaw No. 4884, as amended, is hereby repealed.
(NOTE: Consolidation made under Section 69 of the Municipal Government Act, R.S.A. 2000,
c. M-26 and Bylaw No. 12005, and printed under the City Manager’s authority)
Bylaw No. 10396 passed by Council April 27th, 1993
Amendments:
Bylaw 10848, November 8, 1994
Bylaw 11168, January 23, 1996
Bylaw 11265, February 18, 1997
Bylaw 14169, December 14, 2005
Bylaw 14427, December 6, 2006
Bylaw 14833, December 14, 2007
Bylaw 15040, December 10, 2008
Bylaw 15327, December 01, 2009
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Schedule A - Fees
Effective January 1, 2010
1.) The fee for a massage centre license shall be ……………………………$76.00.
2.) The fee for a license as a massage practitioner shall be…………………. $76.00
(S.7(a), Bylaw 14833, December 14, 2007)
(S.7(a), Bylaw 15040, December 10, 2008)
(S.6(a), Bylaw 15327, December 01, 2009)