Overview

The Stopping the Misuse of Non-Disclosure Agreements Act, 2023 (Bill 124) is proposed legislation in Ontario designed to regulate the use of non-disclosure agreements (NDAs) in cases involving discrimination, harassment, sexual harassment, and sexual assault. The act aims to prevent NDAs from being used to conceal details of such incidents unless it is the explicit wish of the victim.

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Origins and Rationale

The bill was introduced to address concerns that NDAs were being used to silence victims of workplace misconduct, thereby perpetuating a culture of secrecy and allowing perpetrators to avoid accountability. By regulating the use of NDAs, the legislation seeks to promote transparency and protect the rights of survivors.

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Key Provisions

• Prohibition on Certain NDAs: Prevents individuals or organizations with a legal obligation to prevent discrimination and harassment from entering into NDAs that conceal details of such incidents, unless it is the expressed wish of the victim.

• Victim's Consent: Requires that any NDA must be the explicit wish and preference of the victim, who must receive independent legal advice and be given a seven-day consideration period before signing.

• Restriction on Agreements with Perpetrators: Prohibits entering into NDAs with perpetrators or alleged perpetrators if the purpose is to prevent lawful investigations into the matter.

 

Influential Figures and Advocacy

The bill was introduced by Member of Provincial Parliament (MPP) Kristyn Wong-Tam, with co-sponsorship from MPPs Bhutila Karpoche, Chandra Pasma, and Peggy Sattler. Advocacy groups and legal experts have supported the bill, emphasizing the need for greater transparency and protection for victims of workplace misconduct.

 

Current Status

As of May 2024, Bill 124 was under consideration in the Ontario Legislative Assembly. The bill has garnered attention from legal communities and advocacy groups, highlighting its potential impact on workplace policies and victim protection.

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