PROVINCIAL LAW REFORM IN PLACE

✅ Prince Edward Island

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

• Scope: Limits NDAs in cases of sexual misconduct.

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

• Model: Based on Ireland’s NDA reform bill.

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

✅ Ontario

• Law Passed: Bill 26 (in effect July 1, 2023)

• Scope: Bans universities from using NDAs in sexual harassment cases.

• Find out more

⚖️ PENDING OR FAILED PROVINCIAL BILLS

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

British Columbia

• Bill Proposed: Bill M 217 – Non-Disclosure Agreements Act (May 6, 2024)

• Scope: Would ban NDAs in cases of harassment or discrimination.

• Status: Fell off the order paper after Fall 2024 election.

• Government Position: Attorney General is still considering options to prevent victim silencing.

Manitoba

• Bill Proposed: Bill 225 THE NON-DISCLOSURE AGREEMENTS ACT

• Status: NDA Bill passed Committee stage (2022).

• Highlights: 20+ people testified under parliamentary privilege. *Watch Here

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

Nova Scotia

• Bill Proposed: Bill 13 – Non-disclosure Agreements Act (Feb 19, 2025)

• Status: Table introduced by NDP Leader Claudia Chender.

• Current Progress: Unknown (not passed yet).

Saskatchewan

• Bill Proposed: Bill 613 – Fairer Workplace, Better Jobs Amendment Act (2023)

• Scope: NDA restrictions in employment context.

• Status: Fell off the order paper after Fall 2024 election.

• Next Steps: Saskatchewan NDP preparing new, broader NDA bill.

FEDERAL LEVEL

Senate of Canada

• Bill Proposed: Senate Bill S-132 (May 2023- Bill S-292, reintroduced June 2025)

• Introduced By: Senator Marilou McPhedran.

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

• Reach: Affects ~400,000 federal employees.