Silent No More? Not in Canada

Across the United States and the United Kingdom, governments are finally acknowledging what survivors have said for decades: non-disclosure agreements (NDAs) have been used not to protect victims, but to protect abusers, institutions, and reputations. What was once called “settling quietly” is now being seen for what it often is—systemic silencing. But while other countries are rewriting the rules, Canada remains stuck in place.

Only Prince Edward Island has passed anti-NDA legislation - less than 1% of the Canadian population.

In the U.S., the momentum is undeniable. California was among the first to pass the Silenced No More Act, banning NDAs in cases of workplace harassment and discrimination. Washington State quickly followed, expanding protections and making the ban retroactive. New York has extended its statute of limitations and restricted the use of NDAs in settlement agreements. Louisiana outlawed NDAs tied to sexual harassment and hostile work environments. Maryland eliminated the civil statute of limitations for survivors of childhood sexual abuse, clearing the way for thousands of cases that were once time-barred.

Most recently, Missouri and Texas have stepped into the spotlight. Missouri’s House Bill 709, introduced in response to high-profile abuses in Christian youth camps, seeks to ban NDAs in child sexual abuse cases—earning unanimous support in committee and moving swiftly through the House. In Texas, lawmakers passed legislation that prohibits NDAs in cases involving sexual harassment in the workplace and opens new legal avenues for survivors who were previously silenced.

As reported in The New York Times this week, these are not isolated moves—they are part of a growing trend. More than half of U.S. states are either debating or have passed laws to end the misuse of NDAs. Many are also expanding or abolishing statutes of limitations in recognition of how long it takes survivors to come forward.

In the UK, the Employment Rights Bill currently before Parliament is garnering rare cross-party support for an amendment that would restrict NDAs in all sectors. Labour MP Louise Haigh has been among those leading the charge, calling out the use of NDAs by charities, media organizations, and even unions to suppress legitimate complaints. The bill would render NDAs unenforceable in cases of harassment, abuse, and discrimination unless the survivor explicitly requests one—an approach that centres survivor choice rather than institutional risk.

Now contrast that with Canada.

In 2022, Prince Edward Island became the first jurisdiction in North America to pass legislation regulating the use of NDAs in cases of discrimination and harassment. But since then, the silence has been deafening. At the federal level, Senator Marilou McPhedran introduced the Can’t Buy Silence Act (Bill S-261) to limit NDAs nationally. It has not moved beyond first reading.

In British Columbia, a bill titled the Non-Disclosure Agreements Act was introduced in 2023 by Green MLA Sonia Furstenau. It never made it past first reading. Ontario's Stopping the Misuse of Non-Disclosure Agreements Act (Bill 124) has been similarly stalled. In both cases, the legislative appetite simply hasn’t matched the urgency of the issue. Survivors are still being silenced. Employers are still using NDAs to bury misconduct. Institutions still have the legal upper hand.

While other countries respond to public pressure, survivor advocacy, and mounting evidence of harm, Canada is falling behind. And we shouldn’t be.

Because this is not just a legal issue. It’s a human one. Every day that Canada delays, more survivors are pressured into silence. More institutions are protected from accountability. And more damage is done—quietly, legally, and without consequence.

We don’t need more awareness. We need action.

If more than half of U.S. states, the UK Parliament, and even PEI can take concrete steps to limit or ban the misuse of NDAs, there is no excuse for inaction in Canada’s largest provinces and at the federal level. It’s time for governments in British Columbia, Ontario, and Ottawa to catch up—and for the rest of the country to follow. Silence is not consent. And justice should not come with a gag order.