LEGISLATION
The goal of Can't Buy My Silence is legislation to stop the misuse of NDAs beyond their original purpose of protecting intellectual property and trade secrets. In 2021, CBMS collaborated on drafting a "model Bill" for the Republic of Ireland (see Irish Bill here) which was passed in the Irish Seanad (upper house) October 2023 and now heads to the Dail (lower house). In Canada Prince Edward Island modelled their Bill on this legislation, and this was passed into law in May 2022 (see PEI Bill here). Manitoba has introduced a Bill also based on this model which passed Second Reading in October 2022, and a similar measure will shortly be debated in the Nova Scotia legislature.
In the UK CBMS was instrumental in producing an ammendment to the Higher Education (Freedom of Speech) Act which the government adopted and the Bill has passed all stages receiving Royal assent in May 2023 making it the first law of its kind in England to prohibit the use of NDAs in cases of not only sexual misconduct but also discrimination and bullying.
We have colaborated with Dame Maria Miller MP to introduce an ammendment to the Victims and Prisoners Bill to extend the definition of a victim to include someone being held under an NDA. This is at committee stage in the House of Lords after passing its first and second reading in the House of Commons.
Legislation has already been passed in approximately 18 US states as well as President Biden passing the Speak Out Act through congress at the end of 2022 presented by our allies Gretchen Carlson and Julie Roginsky from Lift Our Voices which prohibits predeispute NDAs in employment contracts in cases of sexual misconduct.
CBMS has also consulted to the Victoria, Australia task force that has recommended legislation to ban NDAs in cases of sexual harassment using the Irish Bill as a guide.
See below for a table of worldwide legislation which our team will do our best to keep as current as possible, but note that new developments around the world are taking place all the time.
Legislation in the UK
Higher Education (Freedom of Speech) Act 2023 PASSED and received Royal assent in May 2023
Victims and Prisoners Bill 2023 at committee stage in the House of Lords
LEGISLATION IN CANADA
Saskatchewan Becomes Latest Province to Introduce Bill to Ban NDAs
Nova Scotia Justice Minister Brad Johns announces they will not revisit Bill 144 in the fall sessions of parliament
OPEN LETTER TO BRAD JOHNS RE: BILL 144
Changes to Ontario Bill 26 Comes into effect July 1, 2023
Ontario Introduces Landmark Bill to Stop Abuse of Non-Disclosure Agreements
Senator Marilou McPhedran introduced a federal Bill on May 9 2023 to prevent government and government funded organisations from misusing NDAs to cover up misconduct or to enforce NDAS using public monies.
Key Points of the Can't Buy Silence Act
Manitoba's NDA Bill completed the Committee stage. On Wednesday November 2, more than 20 people, many of them speaking about their NDAs for the first time, testified to the Committee of lawmakers. . Watch the video of the Committee hearing, which is moving, upsetting (trigger warning), and empowering (note: starts 30 minutes in).
Watch Manitoba Committee Hearing
Manitoba and Nova Scotia's NDA Bills explained
Manitoba and Nova Scotia's Bills
