Overview

In 2022, Manitoba introduced Bill 215, The Non-Disclosure Agreements Act, a legislative effort to regulate the use of non-disclosure agreements (NDAs) in cases of harassment and discrimination. The bill aimed to ensure that NDAs would not be used to silence victims, aligning with similar legislative efforts in other provinces and countries.

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Origins and Rationale

The introduction of Bill 215 was driven by increasing concerns over the misuse of NDAs to conceal misconduct and prevent victims from speaking out. The push for transparency and accountability in cases of workplace harassment and discrimination gained momentum with high-profile cases across Canada and beyond. Advocacy groups, legal experts, and survivors called for legislative action to protect victims' rights and prevent institutions from shielding abusers through confidentiality agreements.

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Key Provisions

• Voluntary Participation – NDAs could only be included in settlement agreements if explicitly requested by the complainant.

• Informed Consent – Complainants were to be given a reasonable opportunity to seek independent legal advice before agreeing to an NDA.

• No Undue Influence – The bill sought to ensure that victims were not subjected to coercion or pressure when deciding to enter into an NDA.

• Public Interest Consideration – NDAs could not be enforced if they adversely affected public health, safety, or the rights of third parties.

• Right to Waive Confidentiality – Complainants would be allowed to waive their confidentiality in the future, with a process outlined for doing so.

 

Implications for Individuals

Bill 215 was introduced as a private member's bill by Manitoba Liberal Leader Dougald Lamont on November 29, 2022. It followed a similar bill, Bill 225, introduced earlier that year, which failed to progress. Bill 215 was met with strong advocacy from survivors and organizations calling for increased protections against institutional cover-ups. However, the bill did not advance beyond the second reading and ultimately did not pass into law.

 

Current Status

Despite Bill 215 failing to pass, it contributed to broader conversations about the ethical and legal implications of NDAs in cases of harassment and discrimination. While Manitoba has not yet enacted legislation on this issue, the bill played a role in raising awareness and pushing for future reforms to prevent NDAs from being used as tools to silence victims. The advocacy efforts surrounding the bill reflect a growing movement toward greater transparency and accountability in workplaces and institutions.