Legal Age In Canada

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For youth under 18 years old, there are different rules for when you can legally consent to sexual activity, depending on your age. Read morebelow about what Canadian law says about what age you have to be to give valid consent to sexual activity.

Age of consent in canada

What is Consent?

In Canada, for any sexual activity or sexual touching to be legal, it has to be done with the voluntarily permission of every person involved. Giving your voluntary permission is called “consent”. Sexual activity or sexual touching without consent is against the criminal law, no matter what your age.

At what age can you agree to sexual activity if you are under 18?

In Canada, you have to be 16 years old to be able to legally agree to sexual activity.1 This is called the “age of consent”. Sexual activity includes a range of activity from kissing to sexual intercourse and cannot include any abuse or exploitation. There are some exceptions for youth under 16, but only if the youth are in “peer groups” or “close in age” (see below).2

You have to be 18 years old to be able to legally agree to sexual activity that “exploits” – when it involves prostitution, pornography or when sexual activity happens in a relationship of authority, trust or dependency (for example, with a teacher, coach or babysitter).

Peer Group Exceptions

Canada

Ages 12 and 13

12 and 13 year olds can consent to sexual activity with another young person who is less than two years older than themselves.3

  • For example, if you are 12 years old, you can legally consent to sexual activity with someone who is between 12-14
    years old.
  • If you are 13 years old, you can legally consent to sexual activity with someone who is between 12-15 years old.

Ages 14 and 15

14 and 15 year olds can consent to sexual activity with a partner that is less than five years older than
themselves.4

Legal Age In CanadaLegal Age In Canada
  • For example, if you are 14 years old,
    you can legally consent to sexual activity with someone who is between 12-19
    years old.
  • If you are 15 years old, you can legally consent to sexual activity
    with someone who is between 13-20 years old.

Ages 16 and 17

If you are 16 or 17, you have reached the age of consent for sexual activity, as long as your partner is at least 14 years old.

These “peer group” exceptions mean that if teens under 16 years old are close in age, they can legally agree to sexual activity with each other, including things like “sexting”. But, if a teenager under 16 is participating insexual activity with a person who is older than their “peer group/close in age” group, it is considered a criminal offence. It does
not matter if the teen gave their permission because the consent is not considered legally valid.5

IMPORTANT: There are also certain situations where a youth cannot legally consent to sexual activity. This means that even if a teen gives their permission or says “yes” to sexual activity, the law will not recognize the consent as a valid “yes”:

  • In Canada, youth under 12 years old cannot legally consent to sexual activity in any situation.
  • A youth under 18 cannot legally consent to sexual activity with someone over 18 where there is a relationship of authority, trust, or dependency (for example, a coach, teacher, or family member).
  • A youth under 18 cannot legally consent to sexual abuse or “exploitation” such as pornography or prostitution.6
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Endnotes

[2]Ibid. See also Canada, Department of Justice,
“Age of Consent to Sexual Activity”, (2015) at para 5.

[4]Ibid at para 6.

[6]Ibid at para 4.