Criminal Code

Version of section 212 from 2003-01-01 to 2005-10-31:

Marginal note:Procuring
  •  (1) Every one who

    • (a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,

    • (b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,

    • (c) knowingly conceals a person in a common bawdy-house,

    • (d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,

    • (e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,

    • (f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,

    • (g) procures a person to enter or leave Canada, for the purpose of prostitution,

    • (h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,

    • (i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or

    • (j) lives wholly or in part on the avails of prostitution of another person,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

  • Marginal note:Idem

    (2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

  • Marginal note:Aggravated offence in relation to living on the avails of prostitution of a person under the age of eighteen years

    (2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who

    • (a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and

    • (b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,

    is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.

  • Marginal note:Presumption

    (3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).

  • Marginal note:Offence — prostitution of person under eighteen

    (4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • (5) [Repealed, 1999, c. 5, s. 8]

  • R.S., 1985, c. C-46, s. 212;
  • R.S., 1985, c. 19 (3rd Supp.), s. 9;
  • 1997, c. 16, s. 2;
  • 1999, c. 5, s. 8.