Households and complainants
- If you allege harassment, violence, or discrimination in a federal workplace, an NDA can only be used if you ask for it in writing after a chance to get independent legal advice, including advice on other ways to protect your privacy (Bill: Restriction — non-disclosure agreements (1), Clause 5).
- Even if you sign an NDA, you may still talk to law enforcement, a lawyer, a culturally specific counsellor, health providers, a social worker, victim services, and friends or family. You may also engage in artistic expression that does not identify the other party or the NDA terms (Bill: Permitted disclosures (2), Clause 5).
- The government cannot use public money to enforce an NDA against you (Bill: Restriction — public money (3), Clause 5; Parliament of Canada Act amendments, Clauses 7–10).
Federal workers and managers
- Your organization may not enter an NDA in these cases unless the complainant requests it after legal advice. Standard NDAs are no longer allowed by default (Bill: Restriction — non-disclosure agreements (1), Clause 5).
- Your entity will be included in an annual public report showing the number of NDAs and total dollar amount of agreements containing NDAs, in anonymized form (Bill: Annual Report — Public Sector (1), (4)).
Non-government recipients of federal grants or contributions (e.g., municipalities, universities, NGOs, businesses)
- You must include in grant or contribution agreements a clause to report each year to the President of the Treasury Board: the number of NDAs and the total dollar amount of agreements containing NDAs (Bill: Report to President of Treasury Board (2), Clause added after FAA s.25).
- You must prevent the use of federal funds to pay settlements that include an NDA, or to litigate NDAs against complainants. This applies to the public funds portion (Bill: Restrictions — grants and contributions (1)(a)-(b), Clause added after FAA s.25).
- The required data must be anonymized (Bill: Anonymous data (3), Clause added after FAA s.25).
Parliament-related entities (Senate, House of Commons, Library of Parliament, Parliamentary Protective Service)
- The same limits apply: NDAs only at the complainant’s written request after legal advice; no public money to litigate NDAs against complainants; specified disclosures remain allowed (Bill: Parliament of Canada Act amendments, Clauses 7–10).