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The "position of trust under 18" anti-exploitation rules were expanded in 2005 by Bill C-2 where a judge may choose to term a situation to be sexual exploitation based on the nature and circumstances of the relationship including the age of the younger party, age difference, evolution of the relationship (how it developed, e.g.
A fourteen- or fifteen-year-old can consent to sexual activity with a partner who is less than five years older than they.
Criminal law (including the definition of the age of consent) is in the exclusive jurisdiction of the federal government, so the age of consent is uniform throughout Canada.
Section 151 of the Criminal Code of Canada makes it a crime to touch, for a sexual purpose, any person under the age of 16 years.
Section 153 then goes on to prohibit the sexual touching of a person under 18 by a person in three circumstances: if he or she is in a "position of trust or authority" towards the youth, if the youth is in a "relationship of dependency" with him or her, or if the relationship is "exploitative".
In 1886, a law was enacted that made the "seduction" of a girl over 12 and under 16 "of previously chaste character" a criminal offence; the "seduction" of a female under 18 "under promise of marriage" was also made illegal in 1886, and amended in 1887 to apply to females under 21.