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Tabled

S-261Can’t Buy Silence Act

An Act respecting non-disclosure agreements

Senate public bill, introduced in the Senate on May 9, 2023

Status
Defeated at second reading in the Senate
Sponsor
Marilou McPhedranSenator
Senator

What it does

Sets reporting rules and spending limits for non-disclosure agreements in the federal public sector.

What it does

  • Requires the Treasury Board President to table annual reports on how many non-disclosure agreements are used, and the total dollar value of agreements that include them, for federal public sector entities and funded non-government groups.
  • Requires those reports to use anonymous data, include information from funded groups, and include a certification that the reported information is accurate.
  • Requires Parliament to review the Act two years after it starts, and every two years after that.
  • Requires federal grant and contribution powers to be used so public money is not used to pay settlements for harassment, violence or discrimination if the settlement includes a non-disclosure agreement, or to litigate those agreements against complainants.
  • Requires departments, Crown corporations and certain parliamentary bodies to use a non-disclosure agreement only if the complainant first gets a chance for independent legal advice and makes a specific, voluntary written request in writing.
  • Allows covered non-disclosure agreements to leave room for disclosures required by law, artistic expression that does not identify the people involved, and communications with law enforcement, lawyers, health workers, victim services, and personal supporters.

Who it affects

  • Federal departments
  • Crown corporations
  • Parliamentary bodies
  • Grant and contribution recipients
  • Complainants in harassment or discrimination cases
  • Treasury Board President
  • Members of Parliament and senators

Background

The bill amends the Financial Administration Act and the Parliament of Canada Act. It defines non-disclosure agreements for complaints about harassment, violence or discrimination.

Where it is

Last activity Oct 5, 2023

Senate

  1. First reading

    Completed.

  2. Second reading

    Defeated here. Defeated

  3. Committee

    Not reached.

  4. Third reading

    Not reached.

House of Commons

  1. First reading

    Not reached.

  2. Second reading

    Not reached.

  3. Committee

    Not reached.

  4. Report stage

    Not reached.

  5. Third reading

    Not reached.

Royal assent

  1. Royal assent

    Not reached.

Introduced by a senator. If the Senate passes it, it goes to the House of Commons, where an MP must agree to sponsor it. How a bill becomes law

How the House voted

No recorded votes yet

Many stages pass without a recorded vote (by unanimous consent or a voice vote). Senate votes are not included.

Read the source

LEGISinfo status: At second reading in the Senate. Bill data from LEGISinfo, votes from openparliament.ca and the House of Commons. Last updated October 13, 2026.

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