Oh, Canada! The land of maple syrup, hockey, and… rather contradictory prostitution laws.
Let’s break down why in this remarkable country, selling is legal, but buying is not, and what clever legal maneuvers local lawmakers have devised to satisfy everyone—yet still leave everyone unhappy.
"Not prostitution, but services with limited liability"
If you suddenly decide to engage in providing sex services in Canada, I have two pieces of news for you.
Good news: The act itself is not criminalized.
Bad news: Everything around it is.
What Is illegal?
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Clients are illegal – buying sex is prohibited. Criminal Code of Canada, Section 286.1.
Penalty: Up to 5 years in prison, or up to 10 years if a minor is involved. -
Advertising services is also prohibited, unless you advertise yourself (but even that can be problematic). Criminal Code, Section 286.4.
Penalty: Up to 2 years in prison. However, there is an exception: a sex worker has the right to advertise their own services. - Working under management is illegal (this is considered pimping).
- Renting an apartment to a sex worker is risky.
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Working in a public place is not allowed. Criminal Code, Section 213.
Soliciting and advertising sex services near public places (schools, playgrounds, daycare centers) can result in up to 6 months in prison. - Hiring a bodyguard or an accountant is potentially illegal (it may be considered "profiting from someone else’s prostitution").
What are the consequences for PR?
- If you purchase services and get caught – you can say goodbye to your PR card.
- If you provide services – technically, you are safe, but you must be very careful regarding advertising and where you work.
- The law applies the same way if you are outside of Canada and planning to apply for PR.
Engaging in prostitution is not a crime (regardless of how it is classified in your home country).
However, buying sex, pimping, and advertising are crimes under Canadian law, meaning you will not qualify for PR.
And here comes the interesting part
Technically, a sex worker can work, but everyone around them must pretend that nothing is happening.
In Canada, this is known as the "Nordic Model", which supposedly protects women, but in reality creates conditions where working safely is nearly impossible.
Love and be loved, but always remember to stay safe.
Oleksandra Melnykova, Immigration and Refugee Consultant in Canada.
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