CANADA

Can’t Buy My Silence- Canada is actively collaborating with lawmakers at both the federal and provincial levels in Canada to advance legislative reform aimed at restricting the misuse of non-disclosure agreements (NDAs).

PROVINCIAL LAW REFORM IN PLACE

Prince Edward Island

  • Law Passed: Non-Disclosure Agreements Act (2021)

  • Scope: Limits NDAs in cases of harassment and discrimination.

  • Significance: First Canadian province to legislate restrictions on NDAs.

  • Model: Based on Ireland’s NDA legislation (“conditions approach”)

  • The President and Chair of the Board at the UPEI share their experiences in the post-NDA era.

Ontario

PROVINCIAL BILLS PROGRESSING OR BEING EXPLORED

Alberta

British Columbia

Manitoba

  • Bill Proposed: Bill 225 THE NON-DISCLOSURE AGREEMENTS ACT (2022)

  • Status: NDA Bill passed Committee stage.

  • Highlights: 20+ people testified under parliamentary privilege. You can watch here and it is inspiring because testimony is protected from legal action by parliamentary privilege

  • Outcome: Died on the order paper after November 2023 election.

  • Watch This Space

Nova Scotia

Ontario

  • Bill Proposed: Bill 124 – Stopping the Misuse of Non-Disclosure Agreements Act, 2023

  • Scope: Broader restrictions on NDAs in discrimination, harassment, sexual harassment, sexual assault.

  • Status: Fell off the order paper after Spring 2025 election.

  • Next Steps: Labour Minister Piccini promised stakeholder consultation in November of 2023 but it has never happened

  • Watch This Space

    Saskatchewan

New Brunswick

Law Reform Notes reports detailed discussion re bringing forward NDA legislation

Green Party Resolution introduced by Leader Megan Mitton (watch here)

FEDERAL LEVEL

Can’t Buy Silence Act Senate of Canada

  • Bill Proposed: Senate Bill S-232 (May 2023- Bill S-261, reintroduced June 2025)

  • Introduced By: Senator Marilou McPhedran.

  • New sponsor discussions in progress following retirement of Senator McPhedran

  • Scope: Restricts NDAs in government and federally funded organizations, covering misconduct or use of public money.

  • Reach: Affects ~400,000 federal employees.

Bill C-16 Protecting Victims Act

The federal Government accepted an amendment stating that “for greater clarity” signing an NDA does not affect the right to report possible criminal offences to police.