The age of consent in Canada is the legal age when a person can agree to sexual activity.
It is generally 16 years old, with some exceptions.
Understanding how these rules work helps protect young people from exploitation and ensures relationships are healthy and legal.
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The age of consent in Canada is 16 years old.
This means a person must be at least 16 to legally agree to sexual activity.
However, the law also recognizes that young people may be close in age to their partners.
That’s why there are “close-in-age” exceptions, which allow certain younger teens to consent within limited age ranges:
These rules are designed to protect young people from exploitation while recognizing that consensual relationships between peers can happen.
The age of consent becomes 18 when there is a relationship of authority, trust, dependency, or exploitation.
For example, if someone is a teacher, coach, employer, or otherwise has influence over the younger person, the law considers that relationship exploitative, and the higher age threshold applies.
This distinction is important: while 16 is the general rule, the context of the relationship can change what’s legally allowed.
There is no legal maximum age gap once someone is 16, as long as the relationship is not exploitative or based on authority.
That means a 16-year-old could date someone older, but the law looks closely at whether there’s a power imbalance.
For example, if the older person is in a role of authority over the 16-year-old, such as a teacher or coach, consent is not legally recognized, even if both parties say it’s mutual.
So while there is no set maximum age gap once someone is 16, the relationship must not involve exploitation.
Important note: even if a person is 16 or 17 and can legally consent, creating, sharing, or possessing sexual images of anyone under 18 can still be a separate crime under the Criminal Code.
Consent laws exist to protect young people from exploitation while respecting autonomy in close-in-age relationships.
They balance two goals:
The close-in-age rules prevent criminalizing consensual activity between teens while still drawing a firm line against exploitation.
The general age of consent used to be 14, but it was raised to 16 in 2008.
These updates reflect ongoing efforts to strengthen protections for youth while keeping the law clear.
Violating consent laws can lead to criminal charges, jail time, and potential registration on the National Sex Offender Registry.
Engaging in sexual activity with someone under the legal age of consent can result in serious charges.
Depending on the situation, charges may include sexual interference, sexual exploitation, or luring a minor.
Convictions can carry severe penalties, often including jail time.
Depending on the offence and circumstances, the court may order registration on the National Sex Offender Registry; for some serious or repeat offences, registration is mandatory, while in others judges have discretion.
The law treats these offences very seriously, especially when there is an age gap or an imbalance of power.
| Age of Person | Partner Allowed If… |
| 12-13 | Partner is less than 2 years older |
| 14-15 | Partner is less than 5 years older |
| 16+ | Consent valid, unless relationship is exploitative, dependent, or involves authority |
| 18+ | No restrictions, provided activity is consensual |
Understanding consent laws is one thing, but facing a charge is another.
Allegations involving sexual offences are extremely serious, and the consequences can be life-changing.
If you or someone you know is dealing with charges related to consent laws, it’s important to get experienced legal guidance.
Browne Criminal Defence’s Calgary sexual offences lawyers provide defence for individuals facing allegations under Canada’s sexual offence laws.
Speaking with a lawyer can help you understand your rights, the legal process, and what steps to take next.
What is the age of consent in Canada?
The age of consent in Canada is 16 years old. Exceptions apply for younger teens within specific close-in-age ranges.
What is the oldest a 16-year-old can date in Canada?
There is no set maximum age gap after 16, provided the relationship is not exploitative or based on authority.
Can a 15-year-old date a 20-year-old in Canada?
Not legally. A 15-year-old can only consent if their partner is less than five years older, meaning up to age 19.
When does the age of consent become 18?
When the older person is in a position of trust, authority, dependency, or exploitation, the younger person must be 18.
Has the age of consent in Canada changed?
Yes. It was raised from 14 to 16 in 2008, and in 2019 the law was equalized at 16 for all sexual activity.
Can a 16- or 17-year-old share intimate images legally?
No. Even though they can consent to sexual activity, sharing or creating sexual images of anyone under 18 can be a criminal offence.
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