5 years (indictable, subsec. 286.1(1)) / 2 years less a day (summary) / 10 years (person under 18, subsec. 286.1(2), indictable only)
Subsection 286.1(1) is hybrid with a 5-year indictable maximum, deemed indictable under IRPA s.36(3)(a) and therefore criminality under s.36(2) rather than serious criminality. Subsection 286.1(2), where the person is under 18, is straight indictable with a 10-year maximum, which meets the at-least-10-years test in s.36(1)(a) and is serious criminality with no deemed rehabilitation available. Both subsections also carry mandatory minimum fines or imprisonment, so a discharge under s.730 is not available for either.
Paying for sexual services, or communicating with someone in order to pay for them. Where the other person is an adult the ceiling is 5 years and the record reads as ordinary criminality. Where the other person is under 18 there is no lighter route, the ceiling is 10 years, and the conviction is serious criminality.
(1) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person is guilty of (a) an indictable offence and liable to imprisonment for a term of not more than five years and a minimum punishment of, (i) in the case where the offence is committed in a public place, or in any place open to public view, that is or is next to a park or the grounds of a school or religious institution or that is or is next to any other place where persons under the age of 18 can reasonably be expected to be present, (A) for a first offence, a fine of $2,000, and (B) for each subsequent offence, a fine of $4,000, or (ii) in any other case, (A) for a first offence, a fine of $1,000, and (B) for each subsequent offence, a fine of $2,000; or (b) an offence punishable on summary conviction and liable to a fine of not more than $5,000 or to imprisonment for a term of not more than two years less a day, or to both, and to a minimum punishment of, (i) in the case referred to in subparagraph (a)(i), (A) for a first offence, a fine of $1,000, and (B) for each subsequent offence, a fine of $2,000, or (ii) in any other case, (A) for a first offence, a fine of $500, and (B) for each subsequent offence, a fine of $1,000. (2) Everyone who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years and to a minimum punishment of imprisonment for a term of (a) for a first offence, six months; and (b) for each subsequent offence, one year. (3) In determining, for the purpose of subsection (2), whether a convicted person has committed a subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence: (a) an offence under that subsection; or (b) an offence under subsection 212(4) of this Act, as it read from time to time before the day on which this subsection comes into force. (4) In determining, for the purposes of this section, whether a convicted person has committed a subsequent offence, the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences, whether any offence occurred before or after any conviction or whether offences were prosecuted by indictment or by way of summary conviction proceedings. (5) For the purposes of this section, place and public place have the same meaning as in subsection 197(1).