Age of Consent in Canada: Laws, Exceptions, and Penalties

Age of Consent in Canada: Laws, Exceptions, and Legal Consequences

Understanding Canada’s age of consent is critical for navigating relationships legally and ethically. The legal age of consent in Canada is 16, but exceptions apply for teens close in age. This guide breaks down the laws, penalties, and key nuances to protect young people and clarify responsibilities for adults.

Table of Contents

The age of consent is the minimum age at which a person can legally agree to sexual activity. In Canada, this age is 16 under Section 150.1 of the Criminal Code. However, “close-in-age“ exceptions allow some flexibility for teenagers.

Close-in-Age Exceptions (Romeo and Juliet Laws)

Canada permits sexual activity between minors close in age to prevent criminalizing consensual teen relationships. These exceptions include:

Age of Younger Partner	Permitted Age Gap	Conditions
14–15 years	Partner ≤ 5 years older	No authority or exploitation over the younger partner.
12–13 years	Partner ≤ 2 years older	No authority, exploitation, or payment involved.

Example: A 15-year-old can legally consent to a 19-year-old (4-year gap), but a 30-year-old cannot engage with a 16-year-old (gap exceeds 5 years).

Exceptions for Positions of Authority

Sexual activity is illegal if an adult holds a position of trust, authority, or dependency over a minor, even if the minor is 16+. This includes:

Teachers, coaches, or employers
Religious leaders
Healthcare providers

Section 153 of the Criminal Code prohibits such relationships, with penalties up to 14 years in prison.

Engaging in sexual activity with a minor below the age of consent can lead to charges like:

Sexual interference (Section 151)
Invitation to sexual touching (Section 152)
Sexual exploitation (Section 153)

Penalties at a Glance

Offense	Possible Sentence	Criminal Record?
Sexual interference	Up to 14 years	Yes
Luring a minor	Up to 14 years	Yes
Child pornography	Up to 20 years	Yes

FAQ:

Q: Can a 16-year-old date someone over 18?
A: Yes, if the older partner is not in a position of authority.

Q: Does the age of consent apply to LGBTQ+ relationships?
A: Yes. The law applies equally to all sexual orientations.

Q: Are sexting or nudes legal between minors?
A: No. Sharing explicit images under 18 is illegal, even if consensual (Section 162.1).

Q: What if both partners are under 16?
A: Technically illegal, but charges are rare if both are close in age and consenting.

External Links (Official Sources):

Key Takeaways

Canada’s age of consent is 16, with exceptions for teens close in age.
Adults in positions of authority cannot engage with minors under 18.
Violations lead to severe penalties, including imprisonment and lifelong criminal records.