End the Silence: Where Canada Stands on NDA Reform—And Why We Must Push Further

At The Restitution Project, we are committed to ending the misuse of non-disclosure agreements (NDAs) in cases of sexual violence, harassment, and discrimination. NDAs have long been used not to protect survivors, but to shield institutions and perpetrators from scrutiny. They entrench silence, prevent healing, and perpetuate harm. That’s why we’re tracking legislation across Canada—province by province, bill by bill—and demanding survivor-centered change. Below is a national update on where things stand, and why your voice still matters.

At the federal level, momentum is building again. In June 2025, Senator Marilou McPhedran reintroduced a critical piece of legislation: Bill S-232, the Can’t Buy Silence Act. The bill aims to prohibit the use of NDAs in civil settlements involving harassment, discrimination, or violence—particularly when public funds are involved. It ensures that NDAs can only be used if the complainant expressly requests confidentiality, has had access to legal counsel, and gives informed consent. The bill also includes mandatory public reporting and regular statutory review. Bill S-232 is now at second reading in the Senate. It replaces a previous version, Bill S-261, which died when Parliament was dissolved ahead of the 2025 federal election—a reminder that in Canada, unpassed bills die automatically with the dissolution of government.

Prince Edward Island remains the only province in Canada that has successfully passed and implemented legislation to regulate NDAs in cases of harassment and discrimination. The Non-Disclosure Agreements Act, passed in 2021 and in effect since 2022, ensures that NDAs are only enforceable when requested by the survivor, that legal advice is provided, and that survivors can later waive confidentiality without legal consequence. PEI has shown it can be done—setting a clear precedent for the rest of the country to follow.

Saskatchewan is one of the few provinces currently considering reform. In November 2023, the opposition NDP introduced Bill 613, the Fairer Workplace, Better Jobs Amendment Act, which includes provisions restricting NDAs in harassment and discrimination cases. It requires survivor consent, informed legal advice, and prohibits coercion. The bill has passed first reading, but with the Saskatchewan Party holding government, its progress depends on political will. Still, its introduction is a hopeful signal and a foundation for future advocacy.

In other provinces, progress has been stalled or reversed. British Columbia’s Bill M215, introduced in March 2023, would have prevented NDAs from being used to silence victims, unless it was their clear and informed choice. Despite strong survivor protections, it remains stuck at first reading. Manitoba’s Bill 215, introduced in 2022, similarly failed to advance beyond second reading. It was one of two bills introduced by the Manitoba Liberal Party to address NDA misuse, but neither made it to law. Nova Scotia’s Bill 144, introduced in April 2022 by the NDP, also remains at first reading. Despite support from organizations like Avalon Sexual Assault Centre, it has seen no movement since March 2025.

In Ontario, MPP Kristyn Wong-Tam and three NDP co-sponsors introduced Bill 124 in 2023, titled Stopping the Misuse of Non-Disclosure Agreements Act. It includes strong provisions to ensure that NDAs cannot be used to conceal workplace misconduct unless explicitly requested by the victim, who must have legal counsel and a reflection period. As of May 2024, the bill was still under consideration, but had not advanced through further legislative stages.

Finally, in seven provinces and territories—Alberta, New Brunswick, Newfoundland and Labrador, Quebec, Nunavut, Northwest Territories, and Yukon—not a single piece of legislation addressing NDAs has been introduced. Not even a first reading. In these jurisdictions, survivors remain legally vulnerable to coercive silence, and governments remain unaccountable for inaction.

Some bills failed because governments changed, elections were called, or legislatures dissolved—triggering automatic cancellation of all bills not yet passed. Others simply lost political momentum. But survivors should not have to depend on the electoral cycle to determine whether they can speak freely. Transparency and justice should not be optional, or disposable.

We cannot wait for political convenience to drive change. If you live in a province where legislation has stalled—or where nothing has happened at all—your voice is urgently needed. Contact your Member of Parliament. Contact your provincial MLA or MPP. Tell them that survivors deserve better. Demand that your government take meaningful action to end the misuse of NDAs. We don’t need another news cycle of scandal or another survivor forced into silence to justify reform. The time is now.

At The Restitution Project, we will continue to monitor every bill, support every survivor-led initiative, and call out every jurisdiction where silence is still the law. But we can’t do it alone. Change begins when you speak out. Let your voice be the one that helps another survivor find theirs.