Sex Work Laws in Canada

Did you know that prostitution in Canada is legal? It’s true! The exchange of sex for money or goods (i.e. meals, housing, drugs) is legal. It is legal to call yourself a sex worker.

That being said, the Canadian Criminal Code makes almost every activity related to prostitution illegal which makes it difficult for a person to work in the sex trade.

Here’s how the laws break down:

Section 110 – It is illegal to work in and/or own a bawdy house.
A bawdy house is also known as a brothel. Under the Criminal code a bawdy house can be any place that someone occupies for the purpose of prostitution. This can include a sex worker’s house, hotels, client’s homes, a car, and/or massage and body rub parlours. This would mean that going to a clients home more than once, or having them at your place on a re-occurring basis would classify that home as a bawdy house. Having to see new clients every time reduces safety as you would not get to keep regular safe clients.

Section 211 – It is illegal to direct or take someone to a bawdy-house.
You cannot tell someone where to find a sex worker, provide directions or an actual address. This includes taxi drivers, hotel concierge, or a driver for a sex worker taking him or her to a client’s home, etc.

Section 212 – It is illegal to force someone into prostitution and you cannot live off the avails.
Although it’s legal to exchange sex for money, it’s illegal to spend the money you make. Anyone who regularly spends time with and is supported by a sex worker can be assumed to be “living off the avails”. This could include a partner, family members, roommates and/or friends. This law also refers to what are commonly known as “pimps” or “procurers”.

Section 213 – It is illegal to communicate for the purpose of prostitution.
It is illegal to communicate in a public place for the purpose of prostitution. You can also be charged for stopping (or attempting to stop) people or cars on a street. A sex worker cannot negotiate with a client on the street or in a bar as this would be considered a public place.

Penalties for breaking these laws:
These can vary from community service to hefty fines. Some of these would carry jail time.

Interesting fact about Calgary:
Our sex workers need to be concerned about the criminal code, but also with City Bylaws. In Calgary we license escorts. In order to work in Calgary as an escort you must have an escort license, which is distributed by the City of Calgary. There are two ways to obtain a license, as an employee of an escort agency or through self-employment. There is a fee to get a license and a police check is required. If you are working as an escort without a license there are hefty fines.

Even though prostitution in Canada is legal, it is easy to see how the complexities of the laws would make it almost impossible to legitimately work as a sex worker in our country. People involved in sex work face a lot of challenges: fear of criminalization, unsafe work environments and blurry laws. Understanding these issues is the beginning of understanding the loss of control a sex worker has over their employment.

From The A Word. (2010). Sex Work Laws in Canada. Retrieved from http://aidscalgary.blogspot.com/2010/08/sex-work-laws-in-canada.html