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Age of Consent:

What Every Parent Should Know

What is consent?

Consent is permission for something to happen or agreement to do something. Consent means voluntarily agreeing to the sexual activity in question. Consent must be present at the time, can be withdrawn, and is not legally valid in some circumstances, including when a person is unconscious, incapable of consenting, or when agreement is obtained through an abuse of trust, power or authority.

What is the age of consent?

In Canada the general age of consent for sexual activity is 16 years old, but that this is only the starting point. Children under 12 cannot legally consent to sexual activity.

Close-in-age/Peer Exceptions

12–13     Less than 2 years older*

14–15     Less than 5 years older*

16–17     Another 16 year old, a 17 year old, an 18 year old or an adult of any age* 

*These rules do not permit sexual activity where there is a relationship of trust, authority or dependency, or where the relationship is exploitative. Consent must also be voluntary.

Relationships where a young person may not be legally able to consent:

For 16- and 17-year-olds, consent is not legally valid where the other person is in a position of trust or authority, the young person is dependent on them, or the relationship is exploitative. Depending on the circumstances, this may include relationships with:

• teacher

• coach

• babysitter

• youth leader

• foster parent

• clergy

• therapist

• doctor

• employer (depending on circumstances)

• family member in many situations

Even if your child says they agreed, the law may determine that they were not legally able to consent because of the nature of the relationship or the power imbalance involved. 

Age of consent is NOT the same as healthy consent

Someone may be legally old enough to consent, but still may not be freely consenting because of:

• grooming

• manipulation

• threats

• intoxication that affects the person's ability to consent

• fear

• coercive control

• trafficking

• incapacity to understand or agree to the sexual activity

• unconsciousness

Images and online offences

Online sexual exploitation may involve criminal offences or other harmful conduct, including:

• sexual images or videos of a person under 18 that meet the Criminal Code definition of child sexual abuse and exploitation material

• sharing intimate images without consent

• sextortion

• luring

• online grooming

• recording abuse

Many offences involving children have different legal rules than those involving adults.

Common Myths

My child said yes.

→ Children can agree to something and still be victims under Canadian law.

The offender was only 17.

→ Age alone doesn't determine legality.

There wasn't any force.

→ Sexual abuse often involves manipulation rather than physical violence.

It happened online.

→ Online sexual offences are real criminal offences.

When should parents ask the police for support?

If you are unsure whether an interaction was legal, speak with police or a child advocacy professional. It is not your responsibility to determine whether a criminal offence occurred. Your role is to protect and support your child. In Ontario, concerns that a child may be in need of protection may also need to be reported directly to a Children’s Aid Society. See Do I Need to Report This? for Ontario reporting requirements.

Remember

You do not need to understand every detail of the Criminal Code before seeking help. If something feels wrong, trust your instincts. You do not need to decide for yourself whether a criminal offence occurred. Police can investigate possible criminal offences, while child-protection professionals assess concerns about a child’s safety and protection. Your job is to help your child feel safe, believed, and supported.

For Additional Reading and Listening

• Age of Consent to Sexual Activity — Department of Justice Canada
A clear, authoritative explanation of Canada's age-of-consent laws, including the close-in-age exceptions for 12–13- and 14–15-year-olds and the additional protections for young people aged 16–17 in relationships involving trust, authority, dependency or exploitation.
Read Age of Consent to Sexual Activity

• Child Abuse is Wrong: What Can I Do? — Department of Justice Canada
A Canadian resource explaining sexual abuse, consent and the legal protections that apply to children and young people. It provides useful context for parents trying to understand the difference between consensual adolescent relationships and situations that may constitute sexual abuse or exploitation.
Read Child Abuse is Wrong: What Can I Do?

• NeedHelpNow.ca — Canadian Centre for Child Protection
A Canadian resource for youth and families dealing with intimate images, sextortion and other forms of online sexual violence. Particularly useful for parents whose questions about consent involve nude or sexual images, sharing without consent, threats, or online interactions.
Explore NeedHelpNow.ca

• Criminal Code of Canada — Consent and Sexual Exploitation
For parents or professionals who want to go directly to the law, the Criminal Code defines sexual consent as voluntary agreement and sets out circumstances in which consent has not been obtained, including incapacity and abuse of a position of trust, power or authority.
Read the Criminal Code provisions on consent