Age of Consent to Sexual Activity

Consent to sexual activity

The age of consent is the age at which a young person can legally agree to sexual activity. Age of consent laws apply to all forms of sexual activity, ranging from kissing and fondling to sexual intercourse.

All sexual activity without consent is a criminal offence, regardless of age.

These are serious offences that carry serious penalties, including mandatory minimum penalties.

Canada's age of consent

The age of consent to sexual activity is 16 years. In some cases, the age of consent is higher (for example, when there is a relationship of trust, authority or dependency).

In other words, a person must be at least 16 years old to be able to legally agree to sexual activity.

Close in age exceptions

A 14 or 15 year old can consent to sexual activity as long as the partner is less than five years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 5 years or older than the 14 or 15 year old, any sexual activity is a criminal offence.

There is also a "close in age" exception for 12 and 13 year olds. A 12 or 13 year old can consent to sexual activity with a partner as long as the partner is less than two years older and there is no relationship of trust, authority or dependency or any other exploitation of the young person. This means that if the partner is 2 years or older than the 12 or 13 year old, any sexual activity is a criminal offence.

Sexual exploitation

A 16 or 17 year old cannot consent to sexual activity if:

their sexual partner is in position of trust or authority towards them, for example their teacher or coach

the young person is dependent on their sexual partner, for example for care or support

the relationship between the young person and their sexual partner is exploitative

The following factors may be taken into account when determining whether a relationship is exploitative of the young person:

the young person's age

the age difference between the young person and their partner

how the relationship developed (for example, quickly, secretly, or over the internet)

whether the partner may have controlled or influenced the young person

Sexual offences

The Criminal Code protects all Canadians from sexual abuse and exploitation. For example, it protects everyone, including children, against:

sexual assault

sexual assault with a weapon

aggravated sexual assault

voyeurism

trafficking in persons

non-consensual distribution of intimate images

Child sexual offences

The Criminal Code also protects children through child-specific offences including:

sexual interference

invitation to sexual touching

sexual exploitation

Other child-specific sexual offences include:

Child pornography

Child pornography is broadly defined and includes:

any representation of a person who is, or is depicted as being, under the age of 18 years, engaged in explicit sexual activity

any representation whose dominant characteristic is the depiction of the sexual organs or anal region of a person under the age of 18 years for a sexual purpose

written, visual and audio material that advocates or counsels unlawful sexual activity with a person under the age of 18

written, visual and audio material whose dominant characteristic is the description of unlawful sexual activity with a person under the age of 18 for a sexual purpose

It is against the law for child pornography to be:

made

distributed

made available

sold

possessed or accessed

advertised

exported or imported

The maximum penalties for these offences range from 10 to 14 years.

Luring a child

It is against the law for anyone to use the internet to communicate with a young person in order to commit a sexual or abduction offence against that young person. This offence is sometimes called "internet luring." The maximum penalty for this offence is 14 years.

Exposure

It is against the law for anyone to expose their genital organs for a sexual purpose to a person under the age of 16 years. The maximum penalty for this offence is 2 years.

Child prostitution

It is against the law for anyone to:

purchase the sexual services of a person under the age of 18 years

materially benefit from child prostitution

encourage or incite a person under the age of 18 to participate in prostitution

The maximum penalties for these offences range from 10 to 14 years.

Child sex tourism

It is against the law for a Canadian or permanent resident to travel outside of Canada and engage in any sexual activity with a young person that is against the law in Canada. If the person is not prosecuted in the country where the offence is alleged to have occurred, the person could be prosecuted in Canada. If convicted, the person would face the same penalty as if that offence had occurred in Canada.

Provincial and territorial child protection legislation

In addition to these criminal laws against child sexual abuse and exploitation, each province and territory has its own child welfare laws to protect children against abuse, exploitation and neglect.