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.

It must be noted, though, in Canada, the age of consent is for nonexploitative sexual activity and is 16 years.

From 1890 until recently, the age at which a youth could consent to nonexploitative sexual activity was 14 years. With the recent change to the criminal code of Canada, the age of consent for nonexploitative sexual activity is now 16 years.

Nonexploitative activity is defined as sexual activity that does not involve prostitution or pornography, and where there is no relationship of trust, authority or dependency between the persons involved. A coach, spiritual leader, teacher, school principal, guidance counsellor or family member are all examples of persons in a position of trust or authority with youth.

For exploitative sexual activity (prostitution or pornography, or where there is a relationship of trust, authority or dependency), the age of consent is 18 years.

There are a few notable exceptions to the law:

Youth 12 or 13 years of age can consent to nonexploitative sexual activity with peers when the age difference is no more than two years. For example, a 12-year-old child is deemed capable of consenting to sexual activity with a 14-year-old, but not a 15-year-old.

Youth 14 or 15 years of age can consent to nonexploitative sexual activity when the age difference is no more than five years. For example, a 15-year-old can consent to having sexual intercourse with a 20-year-old, but not with a 21-year-old.

Children younger than 12 years of age can never consent to sexual activity with anyone, of any age, regardless of whether they say they do.

All nonconsensual sexual activity, regardless of age, constitutes a sexual assault.