13-1. Date: February 7, 2013 COMMITTEE OF COUNCIL

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1 bromptonca BRAMPTON FlOWef City 13-1 Report Committee of Council Committee of the Council of The Corporation of the City of Brampton Date: February 7, 2013 COMMITTEE OF COUNCIL File: G02.General DATE: FfkfUflnj 2.Q, Icll Subject: Contact: Licensing of Children's Entertainers Wendi Hunter, Manager of Administrative Services and Elections, Council and Administrative Services, Corporate Services, (905) Overview: As a result of a delegation to Committee of Council, staff have been directed to investigate options for establishing a business licensing system for children's entertainers. Staff have researched licensing of children's entertainers in other jurisdictions and consulted with colleagues in the City of Mississauga and the Town of Caledon. Contact has been made with Peel Regional Police and the processes for requiring criminal records searches of potential licensees have been investigated. This report discusses results of the research, investigation and consultation. Recommendations: 1. That the report dated February 7, 2013, from Wendi Hunter, Manager of Administrative Services and Elections, Council and Administrative Services, Corporate Services, to the Committee of Council meeting February 20, 2013, re: Licensing of Children's Entertainers, be received, and 2. That the City of Brampton not license children's entertainers. Background: On June 15, 2011, Committee of Council received a delegation and petition from Ms. Linda Beaudoin, Advocate for Childrens' Rights, asking that Council consider licensing children's entertainers, and requiring police records checks as a condition of licensing. Committee of

2 14-2 Council passed the following recommendation, subsequently adopted by Council on June 22, 2011: CW That the delegation and petition from Ms. Linda Beaudoin, Advocate for Childrens' Rights, to the Committee of Council Meeting of June 15, 2011, re: Licensing By-law , as amended (File G02) be received; and, 2. That the report from P. Fay, City Clerk and Director of Council and Administrative Services, D. Wilson, Director of Enforcement and By law Services, and K. Yerxa, Deputy City Solicitor, Corporate Services, dated June 1,2011, to the Committee of Council Meeting of June 15, 2011, re: Comprehensive Review of Licensing By-law , as amended (File G02) be received; and, 3. That, as part of the comprehensive review of the Licensing By-law, staff investigate options for establishing a business licence for entertainers for children, to include a requirement for a criminal records search. Ms. Beaudoin has also approached the City of Mississauga, Town of Caledon and Region of Peel. The Region passed Resolution on September 8, 2011: That the Regional Chair send a letter to the Province of Ontario, on behalf of Regional Council, indicating the support of Regional Council for the licensing of any persons who work with vulnerable citizens, such as children and seniors. Mississauga and Caledon have not yet reported back to their Councils regarding the issue. The City of Toronto received a similar delegation from Ms. Beaudoin in March, Toronto's Licensing and Standards Committee considered a staff report in September, 2011, and determined not to pursue licensing of children's entertainers. Staff have conducted a comprehensive review of the Licensing By-law and have included the licensing of children's entertainers as part of this review. Staff have consulted with licensing and enforcement staff from the City of Mississauga and Town of Caledon regarding this and other licensing matters. Brampton staff have been unable to find evidence of licensing of children's entertainers anywhere in Canada, or any other jurisdiction.

3 Current Situation Scope - Who to License Licensing of children's entertainers would require a clear definition of scope. As a starting point, what constitutes a children's entertainer must be defined. It may be assumed that potential licensees would include: Clowns, Santa Clauses, Easter Rabbits, Cartoon-related mascots (e.g. Sponge-Bob Square Pants), Magicians, Face painters and balloon artists There is potential for the scope to creep beyond that limited definition to include: Inflatable (bouncy) house operators Exotic animal exhibitors Children's party planners Musicians The above does not represent an exhaustive list. Others would require consideration, including not for profit organizations, service clubs, professional organizations and their mascots. In staff's analysis questions such as: would an adult playing Santa at a staff children's Christmas party require a licence, or are volunteer clowns circulating through festivals and events, and entertainers from other municipalities coming into Brampton for a one-time event, to be factored into this system? Criminal Records Checks One condition of a children's entertainers licence would be that the applicant provide the Licence Issuer (City Clerk's Office) with a current Criminal Records Check indicating no previous history of offences against children. The expectation is that licences would be issued yearly, and a Criminal Records Check would be required each year. A Police Criminal Record Check is standard for many types of employment, and includes information regarding criminal convictions on a person's record, but does not include: Outstanding charges and warrants Absolute and/or Conditional Discharges Convictions under Provincial Statutes Local Police Contacts Family Court Restraining Orders Foreign Information Current Judicial orders

4 A vulnerable sector verification search of pardoned sex offenders Peel Regional Police recommend that any person working with children in any way be required to obtain a Vulnerable Sector Check. The Vulnerable Sector Check (VSC) includes information regarding convictions, pardoned sex offences, relevant details from the RCMP National Criminal Records Repository, and details from local police records. The VSC is often used for screening volunteers for such groups as the Boy Scouts, Girl Guides, children's sports groups, etc. As required by the RCMP, the VSC must be initiated in the municipality where the applicant resides, not where the applicant works. Each police service has different protocols and procedures for performing a VSC. For example, Toronto Police requires that checks be facilitated through the potential employer or charitable organization for which the applicant is seeking employment or volunteer opportunities. Peel Police will perform a VSC for anyone who resides in Brampton or Mississauga, (at the person's request) working with children, seniors and disabled people. With proper identification and payment of a $45.00 fee, the check will be conducted while the applicant waits. Depending upon the circumstances, fingerprints may be required in order to complete the VSC. Peel Police's protocol includes a check through the Police Information Portal for incidents that may be on record in other jurisdictions. This may not be the protocol for every police service. Challenges with the Vulnerable Sector Check Process Given the different protocols for different police services, if a licensing system were to be adopted, Brampton would need to approach many police services to reach an understanding and agreement for performing searches for the purpose of our licensing system. Brampton may not get agreement from all, and different protocols would be difficult to administer and result in inconsistencies. Also of concern is the fact that some information provided by the VSC will be at a national level (convictions and pardoned offences under CPIC), while other information will be local. Since there are different protocols, information on a VSC performed by one police service may be more complete than information on a VSC performed by another service. Requirements for Implementation of a Licensing System Inclusion of licensing of children's entertainers as a Schedule in the overall Business Licensing By-law will require the following: Decisions regarding who will be licensed (see Scope - Who to License), including whether volunteer entertainers will also require a licence.

5 11-6 Negotiations by Brampton staff and agreements with Police services around the GTA and southern Ontario regarding the accessibility of Vulnerable Sector Checks for applicants. Development of an application process including the following requirements: o a completed application accompanied by the appropriate fee; o a Vulnerable Sector Check conducted by the Police Services in whose jurisdiction the applicant resides (cost of obtaining the VSC will be the responsibility of the applicant); o a photograph of the applicant (taken by the Licensing Staff); o proof of status that the applicant can legally work in Canada. A licence issued to a children's entertainer will show, on its face, a photograph of the licensee and contact information, and will be considered a public document. Licences would be issued yearly, and a new VSC would be required each year. Grounds for refusal of the application, in addition to grounds established in the general provisions section of the Licensing By-law, would include any evidence on the VSC of an offence against children. The licensee shall be required to have the licence on his or her person at all times that the licensee is entertaining, and produce it for inspection by Enforcement staff upon request. A public meeting must be held for consideration of any amendment to the Licensing By-law, and the appropriate public notice (e.g. newspaper publication) must be given. Should a decision be made to include children's entertainers in the Licensing By-law, a schedule will be drafted and included in the new Stationary Business Licensing By-law, anticipated to be brought to Council in the second quarter of this year. Public notice and consultation will be provided at that time. Corporate Implications Enforcement and By-law Services Comments: 1. Children's entertainers are usually hired to perform at private functions in houses or backyards. In order to prosecute, Enforcement and By-law Services (EBS) would require proof of the performances. Access to private property is only permitted when the owner invites or permits entry to EBS staff. 2. Pro-active enforcement would be difficult since the dates and times of performances would not be known to EBS staff. 3. Achieving compliance would be difficult in cases where an entertainer is hired last minute or from outside of Brampton. The shorter the time period between booking and performance, the less likely the entertainer would have time to comply with the by-law,

6 12,-fc even if the entertainer or person hiring the entertainer was aware of the licensing requirement. This deficit of time and lack of knowledge would likely not stop the performance from happening. 4. Enforcement officers do not have the authority to demand identification which makes laying charges difficult. 5. Should Brampton and other municipalities decide to implement licensing systems, and due to the transient nature of the business of entertaining children (it is unlikely a Brampton entertainer would only entertain in Brampton), entertainers endeavouring to comply with multiple licensing schemes and various licensing requirements could face financial hardship. It is more appropriate that regulation be implemented at the Provincial level. Conclusion: Staff recommend that the City not license children's entertainers. Challenges in defining scope, the Vulnerable Sector Check process and enforcement of a licensing system would render the system ineffective and challenging to implement, not to mention exposing the Corporation to liability risks. Staff suggest that Council encourage higher levels of government to examine issues regarding regulation of children's entertainers more closely, given the disparity of requirements and availability of Vulnerable Sector Checks across the Province. Staff also suggest the development of a public service campaign to educate parents, caregivers and event organizers about issues and means of protecting children when engaging children's entertainers. Service providers (e.g. children's entertainment companies) could be made aware of the benefits of requiring "safety checks" for their performers and the marketing opportunities created by those requirements. Peter Fay City Clerk Peter Simmons Commissioner, Corporate Services Report authored by: Wendi Hunter, Manager of Administrative Services & Elections, Council and Administrative Services, Corporate Services