S-232FederalSocial Policy

S-232 (45-1) - Can’t Buy Silence Act

Chamber

senate

Stage

2nd Reading

Introduced

Jun 12, 2025

Progress

This bill restricts the federal government from using public money to impose non-disclosure agreements on harassment or discrimination complainants.

Key Changes

  • Bans use of public money to fund harassment or discrimination settlements that include NDAs, unless the complainant voluntarily requests one
  • Bans use of public money to sue complainants who violate an NDA
  • Requires the President of the Treasury Board to table an annual report on NDA use across the federal public sector
  • Requires organizations receiving federal grants or contributions to report their NDA use to the Treasury Board
  • Extends NDA restrictions to Parliament itself, including the Senate, House of Commons, Library of Parliament, and Parliamentary Protective Service
  • Mandates a parliamentary review of the Act every two years after it comes into force

Gotchas

  • NDAs are still permitted if the complainant voluntarily and specifically requests one in writing after receiving independent legal advice, meaning NDAs are not fully banned — just restricted
  • Even when an NDA is signed, complainants can still speak freely with lawyers, doctors, nurses, psychologists, social workers, victim services workers, friends, family, and certain cultural or spiritual counsellors
  • The bill explicitly waives parliamentary privilege for the purpose of the annual reporting requirement, which is an unusual legal step that overrides a long-standing protection of parliamentary proceedings
  • The reporting requirement applies to anonymous data only, so individual complainants cannot be identified in the public reports
  • The bill covers non-government entities receiving federal funding, meaning private organizations and charities that get federal grants would also face NDA reporting obligations

Who's Affected

  • Federal government employees who have experienced workplace harassment, violence, or discrimination
  • Federal departments, Crown corporations, and parliamentary institutions
  • Non-governmental organizations that receive federal grants or contributions
  • The President of the Treasury Board, who must produce annual reports
  • Complainants in harassment or discrimination cases involving federally funded entities

Summary

Bill S-232, called the 'Can't Buy Silence Act,' limits how the federal government and organizations receiving federal funding can use non-disclosure agreements (NDAs) — legal agreements that prevent someone from speaking about a situation. Specifically, it bans the use of public money to pay for harassment or discrimination settlements that include NDAs, unless the complainant themselves voluntarily requests one after getting independent legal advice. It also bans using public money to sue complainants who break an NDA. The bill requires the President of the Treasury Board to publish an annual report showing how many NDAs were signed and the total dollar value of agreements containing NDAs across the federal public sector, including organizations that receive federal grants or contributions. This reporting requirement applies to Parliament itself, including the Senate, House of Commons, Library of Parliament, and Parliamentary Protective Service. The bill was introduced in the Senate in June 2025 and appears aimed at increasing transparency and protecting people who report workplace harassment or discrimination from being silenced through legally binding agreements funded by taxpayers.

Automatically generated from bill text using Claude

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