🍁 civid v1

Status and scope

• Bill S-232, the Can’t Buy Silence Act, was at first reading on June 12, 2025.
• It addresses certain non-disclosure agreements (NDAs) involving complainants alleging harassment, violence or discrimination. It affects federal public-sector entities, certain parliamentary bodies and recipients of federal grants or contributions.
• The definition covers written provisions entered into after the relevant section comes into force that restrict disclosure of material information about an allegation, its resolution or the settlement amount. It includes non-disparagement provisions with that purpose or effect.

Federal bodies and Parliament

• Amendments to the Financial Administration Act would prevent departments, departmental corporations and Crown corporations from entering into a covered NDA unless the complainant first makes a specific, voluntary written request, after having an opportunity to obtain independent legal advice, including advice on alternative ways to protect personal information.
• Those entities could not use public money to litigate an NDA against a complainant.
• Amendments to the Parliament of Canada Act would impose similar NDA restrictions on the Senate’s internal economy committee, the House of Commons Board of Internal Economy, the Parliamentary Librarian and the Parliamentary Protective Service, with restrictions on litigation against complainants.
• Permitted NDAs would not prevent disclosures required or protected by law; certain artistic expression that does not identify the responsible or alleged person or the NDA terms; or communications with specified people, including lawyers, health professionals, victim-service providers, friends and family.

Federal grants and contributions

• Authorities making grants or contributions to entities outside the Public Accounts would have to exercise their powers to prevent federal money from being used to:
  • Pay for settlements concerning harassment, violence or prohibited discrimination if the settlement includes an NDA; or
  • Litigate NDAs against complainants.
• Grant and contribution agreements with those entities would have to require annual reporting to the Treasury Board President on the number of covered NDAs and the total dollar value of agreements containing them. The information must be presented in a way unlikely to identify anyone.

Reporting and review

• Beginning in the first year after royal assent, the Treasury Board President would have to table an annual report in both Houses within 45 days after the fiscal year ends. For each entity included in the Public Accounts, it would report the number of covered NDAs and the total dollar value of agreements containing them. It would also include the information reported by grant and contribution recipients.
• Public Accounts information must be presented in a way unlikely to identify anyone and provided even if privileged or a Cabinet confidence. The bill expressly waives parliamentary privilege to provide that information, but not for other purposes.
• A parliamentary committee would review the Act and its operation as soon as feasible after the second anniversary of its coming into force, and every two years thereafter.

Coming into force

• The bill would come into force 60 days after royal assent.