Age of Consent in Canada

The age of consent in Canada is displayed as a chart to highlight the close in age peer group exemptions for ages 12-16

A bright caution triangle symbol highlights the word

A print copy of “Age of consent” is available for download.

Age of consent is 16

When someone is 16 years old they are able to consent to sexual activity with a person who is 14 or older. The only exception would be when the older person is in a position of power, trust, or authority (see Sexual Exploitation Laws for detail).

Sources: Criminal Code of Canada, Section 150.1 “Frequently Asked Questions:Age of Consent to Sexual Activity” (Justice Canada).

Available at justice.gc.ca

Close-in-age exemption

Applies only to people who are 14 & 15 years old. When someone is 14 or 15 they are able to consent to sexual activity with a person who is LESS than 5 years older than them.

14-years-old
Can consent to sexual activity with someone up to the age of 18.
15-years-old
Can consent to sexual activity with someone up to the age of 19.

Peer experimentation exemption

Applies only to people who are 12 & 13 years old. When someone is 12 or 13 they are able to consent to sexual activity with a person who is LESS than 2 years older than them.

12-years-old
Can consent to sexual activity with someone up to the age of 13.
13-years-old
Can consent to sexual activity with someone up to the age of 14.

Sexual exploitation laws

Sexual contact involving persons under 18 may only happen between individuals with whom there is no relationship of power, trust, authority or dependency.

Sexual contact involving persons under 18 must be in relationships that are non-exploitive. “Exploitation” depends on how the relationship developed, how the partner may have controlled or influenced the young person, or if it involved luring over the internet, prostitution or pornography.

Definitions

Child Sexual Abuse

The improper exposure of a child to any sexual contact, activity, or behaviour. This includes all sexual touching, the invitation to touch, exhibitionism, exposure to pornography.

Coercion

Forcing another individual, through violence, threats (physical or emotional), pressure, deception, guilt, to engage in sexual activities against their will.

Consent

A voluntary agreement between 2 or more people to engage in sexual activity. Consent must be clear, informed, voluntary, sober, act and person-specific, ongoing, mutual, active, and come directly from the individuals engaging in the sexual contact. It is impossible to get consent from children, though close-in-age and peer-experimentation exceptions exist for youth ages 12-15.

Consent Culture

A society or environment in which obtaining consent and respecting boundaries is the norm, for both sexual contact and everyday activities.

Feminism

The advocacy of women’s rights on the basis of the equality of the sexes.

An intersectional approach to service delivery that acknowledges that the root of sexual violence is power inequality and works to reduce barriers that groups and individuals face when seeking support and volunteer or employment opportunities.

Non-Consensual Photo Sharing

When an intimate photo or video is shared or taken without the voluntary consent (read consent definition above) of the person in the photo or video (Source: savedmonton.com)

Person-First Language

Person-first language recognizes that a person is more than any one experience and that labels are sometimes harmful. People who have experienced sexual violence may use terms like victim or survivor to describe themselves, or they may use words like offender or perpetrator to describe the person who harmed them. Terms that resonate for one person may not fit for another person for a variety of reasons, and SACE supports a person’s right to self-determine their identity and experience. This is why at SACE, we default to person-first language such as “person who experienced sexual assault”, or “person who used abusive behavior”, unless speaking with or about an individual who has identified how they would like their experience to be talked about.

Rape Culture

A society or environment whose prevailing social attitudes have the effect of normalizing or trivializing sexual assault and abuse.

Sex Trafficking

Sex trafficking is a form of sexual exploitation. Human trafficking for the purposes of sexual exploitation is a crime and Canada has specific legislation in the Criminal Code (S. 279) and in the IRPA (Immigrant and Refugee Protection Action) (S. 117 & 118) to address all types of human trafficking (sexual exploitation, labour exploitation, organ, debt servitude) There are three elements to constitute human trafficking: Action + Means + Purpose.

Sexual Abuse

Sexual abuse is most often used to refer to Child Sexual Abuse. To learn more about this, read the definition above or our section on Child Sexual Abuse.

Sexual Assault

Any form of sexual contact without voluntary consent, including unwanted: oral contact (kissing); sexual touching; oral-genital contact; and/or vaginal or anal penetration.

Sexual Exploitation

Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.

Sexual Harassment

Any unwanted comment, gesture, or action that is sexual in nature that makes someone feel afraid, embarrassed, uncomfortable or ashamed. The intention of the person doing the action doesn’t matter, it’s the negative impact the action has that makes something sexual harassment.

Sexual Violence

Sexual violence is an umbrella term that refers to any form of non-consensual sexual behavior, including sexual assault, sexual abuse, sexual harassment, sexual exploitation, sex trafficking, and sexual violence facilitated through technology.