In short
Consensual sexting between adults is legal in Canada. Distributing an intimate image without consent is a crime with up to 5 years in prison, and since July 2026 it covers deepfakes too. Sexual images of anyone under 18 are child pornography under the Criminal Code, although there is a narrow exception for some private images between young people.
Non-consensual distribution of intimate images
What it covers: knowingly publishing, distributing, sending, selling or making available an intimate image of a person without their consent, or being reckless about whether they consented.
Maximum penalty: 5 years.
Courts can also order an image to be removed from the internet (section 164.1), order the offender to stay off certain platforms, and order them to pay the costs of removal.
The 2026 changes: deepfakes and threats
The Protecting Victims Act (Bill C-16) received Royal Assent on 18 June 2026, and most of it came into force on 18 July 2026. It:
- extends section 162.1 to sexual deepfakes, meaning realistic images created or altered to show a real person nude or engaged in sexual activity
- creates a specific offence of threatening to distribute an intimate image
Before this change, it was unclear whether AI-generated images were covered, and courts reached different answers.
Age of consent and under-18 images
The "private use" exception
In R v Sharpe (2001), the Supreme Court of Canada recognised a narrow exception. Young people who lawfully create sexual images of themselves or each other, and keep them strictly private between themselves, are not committing an offence. The exception ends the moment an image is shared beyond the people in it, or is made or kept without consent. It never protects adults.
Provincial laws
Several provinces, including British Columbia, Manitoba, Alberta, Saskatchewan, Nova Scotia and New Brunswick, have civil laws that let victims sue and get fast removal orders. BC's Intimate Images Protection Act (2024) created a Civil Resolution Tribunal process that can order removal quickly and cheaply.
Where to get help in Canada
- Emergency: 911
- Cybertip.ca: cybertip.ca to report sextortion and child exploitation
- NeedHelpNow.ca: removal help for young people
- Kids Help Phone: 1-800-668-6868, or text CONNECT to 686868
- Canadian Anti-Fraud Centre: 1-888-495-8501 for financial sextortion
Need help right now?
If you or someone else is in immediate danger, call 999 (UK), 112 (Ireland/EU), 911 (US/Canada) or 000 (Australia).
- Images shared or threatened (adults, UK): Revenge Porn Helpline, revengepornhelpline.org.uk or 0345 6000 459
- Stop images spreading (worldwide, adults): StopNCII.org
- Under 18: Childline's Report Remove tool at childline.org.uk or call 0800 1111. Outside the UK: Take It Down
- More countries and services: see our help and support directory
This is general information, not legal advice. Laws change and depend on the facts of each case. We last checked this page on 9 November 2026. If you are facing a police investigation or court case, speak to a solicitor or lawyer where you live.