Age of Consent
Canada's general age of consent for sexual activity is 16 years. Below that age, the law treats any sexual activity as non-consensual, regardless of the apparent willingness of the young person. The age of consent applies to all forms of sexual activity, from kissing and touching to intercourse, and it operates as an absolute bar — true consent cannot be legally given by a person below the threshold.
Charges arising from sexual activity involving a person under the age of consent carry severe penalties, mandatory SOIRA registration, and lifelong collateral consequences. Mass Tsang's sexual assault lawyers handle these matters across the GTA. For more, see our blog on the age of consent in Canada.
Close-in-age exceptions
Two narrow exceptions allow sexual activity that would otherwise be unlawful by reason of age. A 12- or 13-year-old can consent to sexual activity with a partner less than 2 years older, provided no relationship of trust, authority, or dependency exists. A 14- or 15-year-old can consent to a partner less than 5 years older, on the same conditions. The exceptions are tightly bounded and easily lost — any element of exploitation negates them.
The higher age — 18
The age of consent rises to 18 in any relationship of trust, authority, or dependency, or where the relationship is exploitative. Teachers, coaches, employers, family members, and similar figures cannot rely on a 16- or 17-year-old's apparent consent. Section 153 of the Criminal Code makes sexual exploitation a separate offence in those contexts. The age also rises to 18 for sexual activity involving payment, prostitution, or pornographic content.
Mistake-of-age defence
An honest but mistaken belief that the complainant was of legal age is available as a defence only where the accused took all reasonable steps to ascertain age. Assumptions, claims by the complainant about their age, or third-party representations may or may not be enough — courts examine what the accused actually did. The defence is sharply limited in practice.
Related glossary terms
