If there is a significant risk that you will pass on HIV to your sex partner during sex, you have a legal duty to tell your sex partner your HIV status before you have sex.
Important points about criminal law, sex and HIV
It is illegal to expose someone to a significant risk of HIV. Even if your sex partner does not become infected with HIV, you can be criminally charged and convicted.
Lying about your HIV infection ("I'm HIV negative.") and not telling your partner about your HIV infection ("He didn't ask. I didn't tell.") are the same thing under the criminal law.
You can be charged and convicted even if you didn't know or think that you had a legal duty to disclose.
You have a legal duty to disclose your HIV infection no matter where you meet the guy or have sex. It may be an online hook-up, in a bathhouse, bedroom, park, locker room, washroom, backroom, or at a sex party.
You have a legal duty to disclose your HIV infection no matter how long you have known the guy or what he means to you. He may be a long-term lover, spouse, fuck buddy, trick, anonymous fuck, date, potential life-partner, street pick up, internet hook-up, friend, or part of a threesome/group.
You have a legal duty to disclose your HIV infection whether you have sex for fun, to make money, or in exchange for drugs or other things.
The criminal law is the same across Canada, in every province and territory.
Laws to protect you from discrimination
Discrimination means treating a person unequally so that he does not get what he legally deserves. There are laws to protect you from discrimination. The two most important laws are the:
Ontario Human Rights Code
Canadian Human Rights Act
These laws say that it is illegal to discriminate against you because you are gay or because you have HIV. Anti-discrimination laws may also protect you from discrimination because of your race, ancestry, place of origin, colour, ethnic origin, citizenship, religion, creed, sex, sexual orientation, age, marital status, family status, disability, the receipt of public assistance and conviction for which a pardon has been granted.
It is illegal for many types of people and organizations to discriminate against you. Here are some examples of those people and organizations:
Bosses, employers, unions
Governments, government agencies, police, hospitals, schools
Stores, restaurants, theatres, telecommunications companies and other businesses
Doctors, dentists and other health care providers
Clubs and organizations
Insurance companies, banks, and credit unions
The Canadian Charter of Rights and Freedoms also protects you against discrimination. However, the Canadian Charter only protects you if a law, the government, or an organization that is part of government (like the military, hospitals, schools, or police) violates your rights.
If you think someone has discriminated against you or violated your rights you can contact HALCO or the Ontario's Human Rights Legal Support Centre to get legal information and advice.
For more information:
HIV & AIDS Legal Clinic (Ontario)
65 Wellesley Street East, Suite 400
Toronto, ON M4Y 1G7
TTY Toll-free: 1-866-513-9883
HIV disclosure: a legal guide for gay men in Ontario