PROVINCIAL LAW REFORM IN PLACE

Prince Edward Island
In 2021 PEI was the first province in Canada to legislate to limit the use of NDAs in cases of sexual misconduct through their Non Disclosure Agreements Act This amendment was modeled on the Bill that CBMS collaborated on drafting in Ireland.

The President and Chair of the Board at the UPEI share their experiences in the post-NDA era.

Ontario
On July 1, 2023, the Ontario Bill 26 came into effect which bans universities from using NDAs in cases of sexual harassment. Find out more

PENDING PROVINCIAL BILLS

Ontario

Aside from the NDA reform in universities in Bill 26 (above), Ontario MPP and NDP Justice Critic Kristyn Wong-Tam tabled a new Bill which would restrict the use of non-disclosure agreements more broadly in all cases of discrimination, harassment, sexual harassment and sexual assault. (Bill 124 - Stopping the Misuse of Non-Disclosure Agreements Act, 2023.) This Bill has fallen from the order paper following the Spring 2025 Ontario election but we are still expecting Labour Minister Piccini to make good on his November 2023 announcement that the government would launch a stakeholder consultation into the misuse of NDAs.

British Columbia

BC Green Party leader Sonia Furstenau tabled BILL M 217 – 2024 : NON-DISCLOSURE AGREEMENTS ACT on May 6, 2024. The bill would make it illegal for employers and other organizations to use NDAs in cases of harassment or discrimination. This Bill fell from the order paper following the Fall 2024 election, but Attorney-General Niki Sharma has since stated that British Columbia government is considering all options to prevent the silencing of victims

Manitoba

Manitoba's NDA Bill completed the Committee stage in 2022. This is where lawmakers look at the detail and the arguments for the Bill and can hear from members of the public who sign up to testify. On Wednesday November 2nd 2022, more than 20 people, many of them speaking about their NDAs for the first time, testified to the Committee of lawmakers. They could talk about their NDAs because Committee testimony is covered by "parliamentary privilege". Watch here

The Bill died on the order paper with the provincial election in November 2023.

Nova Scotia

Nova Scotia NDP Leaders Claudia Chender tabled Bill 144- Non-disclosure Agreements Act on April 7, 2022.

Saskatchewan
On November 8th 2023 , Saskatchewan NDP tabled a Bill - The Saskatchewan Employment (Fairer Workplace, Better Jobs). Amendment Act, 2023 Bill 613  - that would restrict the misuse of NDAs. While the Bill fell from the order paper following the Fall 2024 election - however the Saskatchewan NDP are preparing to table a new Bill with wider restrictions on NDAs

Federal

In May 2023 and now again in June 2025 Senator Marilou McPhedran introduced a federal bill  to prevent government and government funded organizations from misusing NDAs to cover up misconduct or to enforce NDAS using public monies, This would affect 400,000 federal employees and federally funded agencies.