Bill 144: Non-Disclosure Agreements Act

Overview
Introduced on April 7, 2022, by the Nova Scotia New Democratic Party (NDP), Bill 144, known as the Non-disclosure Agreements Act, aims to regulate the use of non-disclosure agreements (NDAs) in cases involving harassment and discrimination. The bill seeks to prevent the misuse of NDAs to silence victims and protect perpetrators, aligning with similar legislative efforts in other jurisdictions. ​

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Origins and Rationale
The impetus for Bill 144 stems from growing concerns that NDAs have been employed to conceal misconduct, thereby hindering transparency and accountability. High-profile cases, such as those involving Harvey Weinstein and Hockey Canada, have highlighted how NDAs can perpetuate cycles of abuse by preventing victims from speaking out. The bill reflects a broader movement to protect victims and ensure that NDAs are not used to shield wrongful behavior. ​

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Key Provisions

• Voluntary Agreements: NDAs related to harassment or discrimination are enforceable only if they reflect the explicit wish and preference of the victim (referred to as the "relevant person"). ​

• Independent Legal Advice: The victim must have a reasonable opportunity to obtain independent legal counsel before agreeing to an NDA. ​

• No Undue Influence: There must be no undue attempts to influence the victim's decision regarding the NDA. ​

• Public Interest Consideration: An NDA is unenforceable if it adversely affects the health or safety of a third party or the public interest. ​Waiver Provision: The NDA must include a mechanism allowing the victim to waive their confidentiality in the future, should they choose to do so. ​

• Limited Duration: NDAs must be set for a specific and limited time period, rather than indefinitely. 

Implications for Individuals
For victims of harassment or discrimination, Bill 144 offers greater autonomy and protection. It ensures that NDAs cannot be imposed to silence them against their will and that any agreement to confidentiality is made freely and with proper legal guidance. This shift aims to empower victims and promote a culture of transparency and accountability.​

Current Status

As of March 8, 2025, Bill 144 remains at the first reading stage in the Nova Scotia Legislature. Despite advocacy from various groups, including the Avalon Sexual Assault Centre and the "Can't Buy My Silence" campaign, the bill has not progressed further in the legislative process. The Nova Scotia NDP continues to advocate for its advancement, emphasizing the need to protect victims and prevent the misuse of NDAs. ​

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The bill's stagnation underscores ongoing debates about balancing confidentiality with the rights and well-being of victims, as well as the public's interest in addressing and preventing misconduct.