Procuring Sexual Services Laws in Canada

If you entice or force someone to provide sexual servicesA sexual act that gratifies the person who receives it for considerationAny form of payment in exchange for sexual services (usually money, but it can also be drugs, alcohol, etc.), you can be charged under s.286.3 of the Criminal Code.

You can also face this charge if you hold, conceal or harbour a person who offers sexual services for payment or if you exercise control over their movements. The penalty is more severe if that person is under 18. Those who sell their sexual services cannot be prosecuted for this offence.

According to a Department of Justice (DoJ) document (Prostitution Criminal Law Reform: Bill C-36, the Protection of Communities and Exploited Persons Act), a person procures another for prostitutionThe purchase and the sale of sexual services, with only the purchase being illegal if they cause or induce that person to sell sexual services. This distinguishes procuring from the offence of materially benefiting from prostitution. The DoJ document explains that a "classic pimp" is likely to be guilty of both the procuring offence and the material benefit offence since they both induce another person to sell sexual services and receive money from the sale of those services. In contrast, a bouncer who works at a strip club where prostitution occurs may only receive money from selling sexual services. In such a case, the bouncer would only be guilty of the material benefit offence.