Overview

Bill M215, the Non-Disclosure Agreements Act, was introduced in British Columbia by MLA Sonia Furstenau on March 9, 2023. The bill seeks to regulate the use of non-disclosure agreements (NDAs) in cases involving harassment, discrimination, or misconduct. Its goal is to prevent NDAs from being used to silence victims while ensuring they remain an option for those who genuinely prefer confidentiality.

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Origins and Rationale

Bill M215 is part of a growing movement to address how NDAs have been used to conceal wrongdoing, particularly in cases of workplace harassment, sexual misconduct, and discrimination. In recent years, scandals such as those involving Hockey Canada and other high-profile cases have demonstrated how NDAs can be weaponized to protect perpetrators and silence victims. The bill aligns with similar legislative efforts in Canada and abroad, aiming to shift power away from organizations that use NDAs to avoid accountability.

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Key Provisions

• Consent-Based Use: NDAs can only be enforced if they are the clear and voluntary choice of the affected individual (the victim). Organizations cannot pressure victims into signing NDAs as part of settlements.

• Independent Legal Advice: Before agreeing to an NDA, victims must be given the opportunity to seek independent legal counsel to ensure they fully understand their rights and the implications of the agreement.

• No Perpetual Silence: NDAs cannot be indefinite. They must be limited in duration, giving victims the option to speak out at a later time if they choose.

• Public Interest Considerations: NDAs are unenforceable if they pose a risk to public health, safety, or well-being. This provision prevents organizations from using NDAs to cover up systemic misconduct.

• Waiver Mechanism: If a victim signs an NDA but later changes their mind, there must be a legal process allowing them to waive the confidentiality clause without facing penalties.

 

Implications for Individuals

For survivors of harassment and discrimination, Bill M215 would provide greater agency and protection, ensuring that NDAs are not used as tools of coercion. Instead, they would only be an option if truly beneficial to the victim. The bill would also increase transparency and accountability in workplaces, preventing organizations from using NDAs to shield abusers or suppress evidence of systemic problems.

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Current Status

As of March 2025, Bill M215 has been introduced and debated but has not yet advanced beyond the first reading stage in the British Columbia Legislature. While advocacy groups continue to push for its passage, there remains political debate about balancing victim protection with the need for confidentiality in certain legal agreements.

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If enacted, Bill M215 would mark a significant shift in how NDAs are regulated in British Columbia, aligning the province with other jurisdictions working to prevent their misuse.