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Overview

Senate Bill S‑232, titled the Can’t Buy Silence Act, is a current legislative proposal in the Senate of Canada aimed at prohibiting the misuse of non-disclosure agreements (NDAs) in civil settlements involving harassment, discrimination, or violence—particularly when public funds are involved. Introduced in the 45ᵗʰ Parliament by Senator Marilou McPhedran, the bill seeks to ensure that survivors are not legally silenced through the use of NDAs, and that taxpayer money is not used to fund secrecy.

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Origins and Rationale

The Can’t Buy Silence Act builds on the momentum of national and international calls to end the systemic use of NDAs to silence survivors of abuse, particularly within institutions that receive public funding. The bill is a reintroduction of earlier legislation, Bill S‑261, which Senator McPhedran brought forward during the 44ᵗʰ Parliament. That bill passed Second Reading in the Senate but died when Parliament was dissolved ahead of the 2025 federal election.

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Bill S‑232 was introduced after the election, on June 12, 2025, marking a renewed commitment to legislative reform. Senator McPhedran has been a consistent and vocal advocate for transparency and survivor rights, championing this bill as part of a broader effort to bring Canadian law in line with emerging international best practices.

 

Key Provisions

• Prohibition on Public Use of NDAs: Federal departments, Crown corporations, and entities that receive federal funding may not use NDAs to settle cases involving harassment, violence, or discrimination—unless the complainant specifically requests confidentiality and has had access to independent legal counsel.

• Transparency and Oversight: Requires the President of the Treasury Board to submit an annual report to Parliament disclosing:

  • The number of NDAs entered into with public funds.

  • The cost of each agreement.

  • Whether the complainant or institution requested the NDA.

• Review Clause: Mandates a statutory review of the law every two years, ensuring continued relevance and accountability.

 

Implications for Individuals

If passed, this legislation would offer meaningful protections to survivors by preventing institutions from forcing silence through NDAs. It would ensure that survivors—especially those harmed in public institutions—retain their right to speak, share, and seek justice. By focusing on transparency and accountability, Bill S‑232 also protects the public interest and ensures that taxpayer dollars are not used to shield misconduct from scrutiny.

 

Legislative History

Bill S‑261 (44ᵗʰ Parliament):

• May 9, 2023: Introduced by Senator Marilou McPhedran.

• October 5, 2023: Passed Second Reading in the Senate.

• March 2025: Parliament dissolved ahead of election; the bill died on the order paper.

Bill S‑232 (45ᵗʰ Parliament):

• June 12, 2025: Introduced by Senator Marilou McPhedran.

• June 12, 2025: Completed First Reading in the Senate.

• Current Status: At Second Reading and active in debate.

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Conclusion

Senate Bill S‑232 marks a critical step in the effort to prevent the misuse of NDAs in Canada. It reflects a survivor-centered approach to justice—recognizing that healing and truth-telling are incompatible with forced silence. Although its predecessor (Bill S‑261) died with the last Parliament, the reintroduction of the Can’t Buy Silence Act after the 2025 election demonstrates growing momentum for change.

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Led by Senator Marilou McPhedran and supported by advocacy organizations across the country, this bill positions Canada to join a global movement to protect survivors, promote transparency, and end the institutional misuse of NDAs. The Restitution Project continues to monitor its progress and calls on all Canadians to support its passage.