BILL NO. 144
1st Session, 64th General Assembly
71 Elizabeth II, 2022
Private Member's Bill
Non-disclosure Agreements Act
First Reading: April 7, 2022
(b) "harassment" means any action, conduct or comment that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to a person and, without limiting the generality of the foregoing, includes actions, conduct or comments of a sexual nature, including but not limited to
- (i) sexual solicitations or advances,
- (i) the party responsible, or
(ii) the person who committed or is alleged to have committed the harassment or discrimination, whereby the relevant person agrees not to disclose any material information about the circumstances of a dispute between them concerning allegations of harassment or discrimination that are unlawful under an enactment or an Act of the Parliament of Canada;
(e) "party responsible" means a person who has an obligation in law to take reasonable steps to prevent harassment and discrimination in the place where the harassment or discrimination occurred or is alleged to have occurred;
(g) "settlement agreement" means an agreement between two or more parties that disposes of one or more issues in dispute between the parties in relation to allegations of harassment or discrimination.
5 (1) Other than in accordance with subsection (2), no party responsible or person who committed or who is alleged to have committed harassment or discrimination shall enter into a non-disclosure agreement with a relevant person if
(2) A party responsible or person who committed or who is alleged to have committed harassment or discrimination may only enter into a non-disclosure agreement with a relevant person in accordance with this Section if such an agreement is the expressed wish and preference of the relevant person concerned.
(5) A party responsible shall not enter into a separate non-disclosure agreement with the person who committed or is alleged to have committed the harassment or discrimination for the purpose of preventing a lawful investigation into a complaint of harassment or discrimination.
(a) any disclosure of information protected or required under the Labour Standards Act, the Human Rights Act, the Occupational Health and Safety Act or any disclosure protected or required under another enactment or an Act of the Parliament of Canada;
- (i) the party responsible or the person who committed or is alleged to have committed the harassment or discrimination, or
- (i) a person whose duties include the enforcement of an enactment or an Act of the Parliament of Canada, with respect to a matter within the person's power to investigate,
(xi) a person or class of persons prescribed in the regulations.
(7) An agreement made in accordance with subsection (2) that relates to a previous employment relationship does not apply to a relevant person's communication with a prospective employer for the purpose of obtaining employment and providing information about the relevant person's employment history, including disclosure of the fact that
(9) In this Section, all references to a non-disclosure agreement also apply to a non-disparagement agreement where the non-disparagement agreement has the effect or purpose of concealing details relating to an allegation or incident of harassment or discrimination.
(10) Subject to subsection (6), nothing in this Section prohibits the inclusion or enforcement of a provision in a settlement agreement that precludes the disclosure of the amount paid in the settlement of a claim.
6 Notwithstanding the provisions of a non-disclosure agreement entered into before the coming into force of this Act, no such agreement applies to disclosures permitted under subsections 5(6) and (7).
7 A party responsible or person who committed or is alleged to have committed harassment or discrimination who, after the coming into force of this Act, enters into a non-disclosure agreement that is not made in accordance with Section 4, is guilty of an offence and is liable on summary conviction to a fine of not less than $2,000 or more than $10,000.
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