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Ontario to consult on banning NDAs in cases of workplace harassment, misconduct

Ontario is considering banning the use of non-disclosure agreements in cases of workplace sexual harassment, misconduct or violence.

Labour Minister David Piccini is set to announce consultations on the issue today, as he discusses his ministry’s next piece of legislation.

Piccini says that non-disclosure agreements should never be used to silence victims or to sidestep accountability.

Ontario has previously banned the use of NDAs in sexual misconduct cases among post-secondary employees who are looking for work at a different institution.

Members of the Canadian Bar Association voted in favour of discouraging the use of non-disclosure agreements in cases of abuse and harassment.

The government says seven in 10 workers have reported experiencing a form of harassment or violence in their workplace, with the rates even higher for women and gender-diverse people.

“We want to hear from Ontarians and (our) consultations will work with the legal community, survivors, employers to identify those options to restrict the use of NDAs while protecting the rights of victims,” Piccini said in an interview.

“NDAs should never be used to silence victims, and those who’ve done that, their time’s up.”