Senator following P.E.I.'s lead on non-disclosure agreements

A bill introduced in the Senate in the spring is taking inspiration from a law enacted on P.E.I. last year.

The Senate bill introduced by Sen. Marilou McPhedran — the Can't Buy Silence Act —  would limit the use of non-disclosure agreements to quiet victims of harassment and sexual misconduct, and it contains key similarities with the P.E.I. legislation.

"The P.E.I. bill is really good, and I really commend [former MLA] Lynne Lund for her leadership on this but also the entire legislature for being the very first in Canada," said McPhedran.

P.E.I.'s Legislative Assembly unanimously approved legislation designed to prevent non-disclosure agreements from being abused in order to silence victims of harassment and discrimination in 2021.

The use of NDAs at UPEI made headlines earlier this year following a third-party review into allegations of workplace misconduct at UPEI.

Like the P.E.I. legislation, the Can't Buy Silence Act would only allow a non-disclosure agreement if the person bringing forward the allegation wants it. There are clear requirements for NDAs before they're considered to be enforceable, and there are mechanisms for waiving confidentiality in the future.

The Senate bill also lays out who people who sign NDAs are allowed to talk to.

McPhedran said much of her life has been focused on working on issues of abuse of power. She has spoken with people who have signed NDAs who feel they cannot talk to their therapist or their spouse.

She said her experience has shown her that silence is a powerful tool.

"What I realized decades ago was that when you give power and you add silencing to that power you almost always are going to get cases of abuse and harassment," said McPhedran.

The Senate bill would apply to federal agencies as well as entities that receive federal funding and includes transparency requirements. Agencies would be required to report on the number of NDAs signed.

McPhedran said she doesn't know what kind of support her bill will receive. She has three years before retirement and she will keep pushing it.

If it still hasn't passed, she said she is hopeful other senators will pick up the cause.