In Canada, its a crime not to disclose HIV or another STI before having sex that poses a “significant risk of serious bodily harm.” However, most prosecutions have been strictly related to HIV and hardly any have been related to herpes, syphilis, chlamydia or other STIs.

Do you legally have to tell someone you have herpes in Canada?

Partner notification for genital herpes is not required as a public health measure; however, you should encourage individuals to disclose their genital herpes status to their sexual partners as a way to decrease transmission.

Can you sue someone for herpes Canada?

Yes, you can file a personal injury lawsuit against someone who infected you with herpes. You can sue even if the sex was consensual. The lawsuit would claim that the transmitter was negligent. He or she could have prevented the transmission of their herpes, but failed to do so.

When do you disclose herpes?

Its best to disclose before sexual contact — any sexual contact. Herpes and HPV are both transmitted by skin-to-skin contact, which means that simply rubbing genitals together, even without penetration, can pass the virus from one person to another. Both of these viruses can also be transmitted by oral sex.