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What does it mean to consent to sexual activity?

To consent to sexual activity means to agree freely. The law requires that a person take reasonable steps to find out whether the other person is consenting.

What is the age of consent to sexual activity?

The age of consent in Canada is 16 years. This is the age that criminal law recognizes the legal capacity of a young person to consent to sexual activity.

Generally, it is legal to have sexual contact with someone who is 16 years or older if they agree to have sex with you.

Are there situations where a 16 year old cannot consent?

Yes. It is important to know that in some situations a person must be 18 years old to consent to sexual activity. Depending on what you are doing and who you are doing it with, sexual activity with a person under 18 years-old is illegal. A person under 18 years of age cannot consent to sexual activity if:

The other person has a relationship of trust or authority over them, or they are dependent on that person. People in positions of trust or authority include, for example, a teacher, coach, babysitter, family member, minister or doctor;
it involves exploitative activity, such as prostitution or pornography;
they are paid, or offered payment, for sex;
there is anal sex (unless they are a legally married couple).

What about persons under 16 years old?

There are exceptions for young persons under 16 years of age who have consensual sexual activity with someone close in age. These exceptions make sure the law does not label consensual activities between young people as criminal offences. It is not a criminal offence if:

a young person 14 or 15 years of age consents to sexual activity with someone less than 5 years older
a young person 12 or 13 years of age consents to sexual activity with someone less than 2 years older
These exceptions only apply if the older person is not in a position of authority or trust and there is no exploitation. For example, even if a 14 year old agreed to sexual activity with her/his 19 year old basketball coach, the law does not consider that the consent was freely given.

Important! The law also says that children under 12 years of age can never legally consent to sexual activity.

Can someone else, such as a parent or friend, consent for me?

No. Only YOU can give your consent.