Youth FAQs – General

What does the “age of majority” mean?

The “age of majority” is the age at which a person becomes an adult in the eyes of the law – when a person has control over themselves. The “age of majority” is also the age at which other people’s responsibilities over the person ends (such as adults, guardians or child protection services).

People under the age of majority are commonly referred to as minors.

In Canada, the age of majority varies. Each province and territory has its own age of majority and restricts the various rights and responsibilities that go along with it. For example, in Alberta the age of majority is 18 while the age of majority in Saskatchewan and British Columbia is 19.

Last Reviewed: November 2019

What does “legal age” mean?

The term “legal age” generally refers to the age at which a person can legally do something. It is sometimes called the “age of license”.

There are different legal ages for different activities, such as consuming alcohol or cannabis, getting a license to drive a vehicle, getting a job, voting or consenting to sexual activity. The legal age for different activities can also change between provinces and territories. For example, the legal age for consuming alcohol in Alberta is 18 while the legal age for consuming alcohol in British Columbia is 19.

Legal age is not the only condition for being able to legally do certain things. For example, you also need mental capacity (the capacity to understand what you are doing) to enter into a contract, regardless of your age.

Last Reviewed: November 2019

What does “age of consent” mean?

The term “age of consent” refers to the age at which a person is said to have capacity to make certain kinds of decision. Said differently, it is being old enough to agree to something, such as consenting to medical treatment or sexual activity.

For some activities, the age of consent is the legal age set out in legislation, such as the age to consent to sexual activity. For other activities, the age of consent depends on the maturity of the individual, such as the age to consent to medical treatment.

Last Reviewed: November 2019

Is there one age at which I can start making all my own decisions?

No. It depends on the issue and the laws that govern that issue.

In general, as you get older, you become better able to make your own decisions and be accountable for the decisions you make. Therefore, the older you get, the more the law will allow you to do things.

For children 12 and older, their opinions, interests and viewpoints may be taken into account when certain decisions are being made. For example, if a judge is deciding on a parenting order, the judge might ask older children what their thoughts are but the judge does not have to agree with the children. Until they reach the age of majority, children are still subject to the decisions of their parents, guardians, child protection services or the courts.

For some issues, the law says you must be older than the age of majority. For example, even if 18 is the age of majority in the province you live in, a law could still require that a person be 21 or 25 or some other age to have a certain right or responsibility.

Last Reviewed: November 2019

Why are there different ages for doing different things?

Young people have a unique place in law. They are not yet adults and so do not have all the same rights and responsibilities of adults. With each passing year, young people develop more and more of the skills and abilities of adulthood. As a result, a young person slowly acquires more of the rights and responsibilities of adulthood.

The transition period from childhood to adulthood requires a complex balance of ensuring adequate protection and allowing for increasing independence. This approach is founded on three general beliefs:

1. Young people do not have the ability to properly evaluate their options and make sound decisions. Similarly, they may not have enough knowledge and experience to participate in an activity.
2. The role of parents in the family is to guide, protect and make decisions for their children until they can do these things themselves.
3. There is no magic age at which a young person leaves adolescence and enters adulthood. It does not happen overnight. As a result, the law needs to gradually increase the rights and responsibilities it gives to young people.

A number of factors determines the order in which all of these rights and responsibilities are given:

• the type of activity
• the maturity, knowledge and experience required
• the benefits
• the hazards

Last Reviewed: November 2019

What about human rights? Does the Canadian Charter of Rights and Freedoms protect youth from age discrimination by the government?

Section 15 (the equality provision) of the Canadian Charter of Rights and Freedoms offers protection from age discrimination. Many provincial or territorial human rights acts also offer this protection.

However, rights and freedoms are not absolute in Canada, even Charter rights. Rights and freedoms can be limited to protect the rights of others and are balanced against other values. This is written in the Charter itself (see section 1) which states that Charter rights are subject “to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

As a result, discrimination on the basis of age is allowed if it is reasonable and justifiable. For example, age discrimination may be required in order to protect the person involved. Consider this: most people would agree that it is not a good idea for an 8-year-old to drive a car. The question of where to draw the line is not one that everyone always agrees on. That is why Canadian laws have different ages for different activities.

Last Reviewed: November 2019