Short Title Short title 1 This Act may be cited as the  Can’t Buy Silence Act . Interpretation Definitions 2 The following definitions apply in this Act. complainant  has the meaning assigned by subsection 25.1(4) of the  Financial Administration Act . ( plaignant ) non-disclosure agreement  has the meaning assigned by subsection 25.1(4) of the  Financial Administration Act . ( accord de non-divulgation ) Annual Report — Public Sector Information 3 (1) Beginning in the first year after this Act receives royal assent, the President of the Treasury Board must cause to be tabled, in both Houses of Parliament, not later than 45 days after the fiscal year ends, a report containing the following information about the previous  fiscal  year for each entity whose financial information is included in the Public Accounts prepared under the  Financial  Administration Act : (a) the number of non-disclosure agreements entered into; and (b) the total dollar amount of agreements containing non-disclosure agreements. Information from non-governmental entities (2) The report referred to in subsection (1) must also contain the information provided to the President of the Treasury Board under subsection 25.1(2) of the  Financial Administration Act . Certification (3) In the report, the President of the Treasury Board must certify that they are satisfied that the entities whose financial information is included in the Public Accounts prepared under the  Financial Administration Act  have provided accurate information for the purposes of the  report . Anonymous data (4) The information in subsection (1) must be provided in a manner that is not likely to reveal a person’s identity. Privilege (5) The information in subsection (1) must be provided regardless of whether it is (a) subject to any privilege, including parliamentary privilege, solicitor-client privilege or the professional secrecy of advocates and notaries, or litigation privilege; or (b) a confidence of the King’s Privy Council for Canada to which subsection 39(1) of the  Canada  Evidence  Act  applies. Certainty (6) For greater certainty, parliamentary privilege is expressly waived to provide the information required under this section, but it is not waived in respect of that information for any other purpose. Parliamentary Review Parliamentary review 4 As soon as feasible after the second anniversary of the day on which this Act comes into force and every two years after that, a review of this Act and of its administration and operation is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose. R.S., ch. F-11 Financial Administration Act 5 The  Financial Administration Act  is amended by adding the following after section 25: Restrictions — grants and contributions 25.1 (1) Any statutory authority that allows for the making of a grant or a contribution of public money to an entity whose financial information is not included in the Public Accounts prepared under this Act must be exercised in a way that prevents public money from being used to (a) pay for settlements in relation to harassment and violence or discrimination based on a prohibited ground of discrimination within the meaning of the  Canadian Human Rights Act  if the settlement is to  include  a non-disclosure agreement; or (b) litigate non-disclosure agreements against complainants. Report to President of Treasury Board (2) An agreement that provides for a grant or contribution of public money to an entity whose financial information is not included in the Public Accounts must  include  a provision requiring the entity to report to the President of the Treasury Board, on an annual basis,  information  on (a) the number of non-disclosure agreements entered into; and (b) the total dollar amount of agreements containing non-disclosure agreements. Anonymous data (3) The information in subsection (2) must be provided in a manner that is not likely to reveal a person’s identity. Definitions (4) The following definitions apply in this section and in section 40.01. complainant  means any person who alleges having been the subject of harassment and violence or discrimination. ( plaignant ) harassment and violence  means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment. ( harcèlement et violence )  non-disclosure agreement  means a provision of a written agreement, however called, that is entered into after this section comes into force and is between a complainant and an entity whose financial information is  included  in the Public Accounts prepared under this Act, under which a complainant agrees not to disclose any material information regarding any of the following: (a) a circumstance of harassment and violence or discrimination based on a prohibited ground of discrimination within the meaning of the  Canadian Human Rights Act  experienced or alleged by the complainant; (b) the resolution of a complaint, including the details of any formal or informal process to address the allegation; or (c) the monetary value of a written settlement insofar as it relates to the allegation. For greater certainty, it includes a non-disparagement agreement if its purpose or effect is to require a complainant not to disclose information described in paragraphs (a) to (c). ( accord de non-divulgation ) Financial Administration Act Clause 5 : New. 6 The Act is amended by adding the following  after  section 40: Restriction — non-disclosure agreements 40.01 (1) No department, departmental corporation or Crown corporation may enter into a non-disclosure agreement unless the complainant, after having had the opportunity to obtain independent legal advice that  includes  advice on alternative means to protect the confidentiality of their personal information, makes a specific and voluntary written request for a non-disclosure agreement before the agreement is entered into. Permitted disclosures (2) A non-disclosure agreement entered into in accordance with subsection (1) does not apply to (a) any information disclosure that is protected or  required  under an Act of Parliament or the laws of a province or territory; (b) artistic expression by the complainant that does not identify (i)  the party responsible or the person who committed or is alleged to have
committed the harassment and violence or discrimination, or (ii) the terms of the non-disclosure agreement; or (c) any communication relating to the harassment and violence or discrimination between the complainant and (i) a person whose duties include the enforcement of an Act of Parliament or the laws of a province or territory if the communication is in respect of a matter within the person’s official duties, (ii) a person entitled to practise law by the law society of a province or territory, (iii) a community elder, spiritual counsellor or counsellor who is providing
culturally specific services to the complainant, (iv) a medical practitioner or nurse practitioner as defined in section 241.1 of the  Criminal Code , (v) a psychologist or psychological associate authorized to practise as such under the laws of a province or territory, (vi) a registered nurse authorized to practise as such under the laws of a province or territory, (vii) a social worker authorized to practise as such under the laws of a province or territory, (viii) a person who provides victim services pursuant to the laws of a province or territory, or (ix) a friend, family member or other personal  supporter . Restriction — public money (3) No department, departmental corporation or Crown corporation may use public money to litigate a non-disclosure agreement against a complainant. Clause 6 : New. R.S., ch. P-1 Parliament of Canada Act Senate — Committee on Internal Economy, Budgets and Administration 7 Section 19.2 of the  Parliament of Canada Act  is amended by adding the following after subsection (2): Restriction — non-disclosure agreement (3) Despite subsection (1), the Committee may not permit public money to be used to (a) enter into a non-disclosure agreement as defined in subsection 25.1(4) of the  Financial Administration Act  unless the complainant, after having had the  opportunity  to obtain independent legal advice that includes advice on alternative means to protect the confidentiality of their personal information, makes a specific and voluntary written request for a non-disclosure agreement before the agreement is entered  into ; or (b) litigate non-disclosure agreements against complainants. Permitted disclosures (4) A non-disclosure agreement entered into in accordance with subsection (3) does not apply to (a) any information disclosure that is protected or  required  under an Act of Parliament or the laws of a province or territory; (b) artistic expression by the complainant that does not identify (i)  the party responsible or the person who committed or is alleged to have
committed the harassment and violence or discrimination, or (ii) the terms of the non-disclosure agreement; or (c) any communication relating to the harassment and violence or discrimination between the complainant and (i) a person whose duties include the enforcement of an Act of Parliament or the laws of a province or territory if the communication is in respect of a matter within the person’s official duties, (ii) a person entitled to practise law by the law society of a province or territory, (iii) a community elder, spiritual counsellor or counsellor who is providing
culturally specific services to the complainant, (iv) a medical practitioner or nurse practitioner as defined in section 241.1 of the  Criminal Code , (v) a psychologist or psychological associate authorized to practise as such under the laws of a province or territory, (vi) a registered nurse authorized to practise as such under the laws of a province or territory, (vii) a social worker authorized to practise as such under the laws of a province or territory, (viii) a person who provides victim services pursuant to the laws of a province or territory, or (ix) a friend, family member or other personal  supporter . Parliament of Canada Act Clause 7 : New. House of Commons — Board of Internal Economy 8 Section 52.2 of the Act is amended by adding the following after subsection (2): Restriction — non-disclosure agreement (3) Despite subsection (1), the Board may not permit public money to be used to (a) enter into a non-disclosure agreement as defined in subsection 25.1(4) of the  Financial Administration Act  unless the complainant, after having had the  opportunity  to obtain independent legal advice that includes advice on alternative means to protect the confidentiality of their personal information, makes a specific and voluntary written request for a non-disclosure agreement before the agreement is entered  into ; or (b) litigate non-disclosure agreements against complainants. Permitted disclosures (4) A non-disclosure agreement entered into in accordance with subsection (3) does not apply to (a) any information disclosure that is protected or  required  under an Act of Parliament or the laws of a province or territory; (b) artistic expression by the complainant that does not identify (i)  the party responsible or the person who committed or is alleged to have
committed the harassment and violence or discrimination, or (ii) the terms of the non-disclosure agreement; or (c) any communication relating to the harassment and violence or discrimination between the complainant and (i) a person whose duties include the enforcement of an Act of Parliament or the laws of a province or territory if the communication is in respect of a matter within the person’s official duties, (ii) a person entitled to practise law by the law society of a province or territory, (iii) a community elder, spiritual counsellor or counsellor who is providing
culturally specific services to the complainant, (iv) a medical practitioner or nurse practitioner as defined in section 241.1 of the  Criminal Code , (v) a psychologist or psychological associate authorized to practise as such under the laws of a province or territory, (vi) a registered nurse authorized to practise as such under the laws of a province or territory, (vii) a social worker authorized to practise as such under the laws of a province or territory, (viii) a person who provides victim services pursuant to the laws of a province or territory, or (ix) a friend, family member or other personal  supporter . Clause 8 : New. Library of Parliament 9 Section 75 of the Act is amended by adding the following after subsection (2): Restriction — non-disclosure agreement (2.1) Despite anything in this Act, the Parliamentary  Librarian  may not (a) enter into a non-disclosure agreement as defined in subsection 25.1(4) of the  Financial Administration Act  unless the complainant, after having had the  opportunity  to obtain independent legal advice that includes advice on alternative means to protect the confidentiality of their personal information, makes a specific and voluntary written request for a non-disclosure agreement in writing before the agreement is entered into; or (b) litigate non-disclosure agreements against complainants. Permitted disclosures (2.2) A non-disclosure agreement entered into in accordance with subsection (2.1) does not apply to (a) any information disclosure that is protected or  required  under an Act of Parliament or the laws of a province or territory; (b) artistic expression by the complainant that does not identify (i)  the party responsible or the person who committed or is alleged to have
committed the harassment and violence or discrimination, or (ii) the terms of the non-disclosure agreement; or (c) any communication relating to the harassment and violence or discrimination between the complainant and (i) a person whose duties include the enforcement of an Act of Parliament or the laws of a province or territory if the communication is in respect of a matter within the person’s official duties, (ii) a person entitled to practise law by the law society of a province or territory, (iii) a community elder, spiritual counsellor or counsellor who is providing
culturally specific services to the complainant, (iv) a medical practitioner or nurse practitioner as defined in section 241.1 of the  Criminal Code , (v) a psychologist or psychological associate authorized to practise as such under the laws of a province or territory, (vi) a registered nurse authorized to practise as such under the laws of a province or territory, (vii) a social worker authorized to practise as such under the laws of a province or territory, (viii) a person who provides victim services pursuant to the laws of a province or territory, or (ix) a friend, family member or other personal  supporter . Clause 9 : New. Parliamentary Protective Service 10 Section 79.53 of the Act is amended by adding the following after subsection (3): Restriction — non-disclosure agreement (4) Despite anything in this Act, the Service may not (a) enter into a non-disclosure agreement as defined in subsection 25.1(4) of the  Financial Administration Act  unless the complainant, after having had the  opportunity  to obtain independent legal advice that includes advice on alternative means to protect the confidentiality of their personal information, makes a specific and voluntary written request for a non-disclosure agreement before the agreement is entered  into ; or (b) litigate non-disclosure agreements against complainants. Permitted disclosures (2) A non-disclosure agreement entered into in accordance with subsection (4) does not apply to (a) any information disclosure that is protected or  required  under an Act of Parliament or the laws of a province or territory; (b) artistic expression by the complainant that does not identify (i)  the party responsible or the person who committed or is alleged to have
committed the harassment and violence or discrimination, or (ii) the terms of the non-disclosure agreement; or (c) any communication relating to the harassment and violence or discrimination between the complainant and (i) a person whose duties include the enforcement of an Act of Parliament or the laws of a province or territory if the communication is in respect of a matter within the person’s official duties, (ii) a person entitled to practise law by the law society of a province or territory, (iii) a community elder, spiritual counsellor or counsellor who is providing
culturally specific services to the complainant, (iv) a medical practitioner or nurse practitioner as defined in section 241.1 of the  Criminal Code , (v) a psychologist or psychological associate authorized to practise as such under the laws of a province or territory, (vi) a registered nurse authorized to practise as such under the laws of a province or territory, (vii) a social worker authorized to practise as such under the laws of a province or territory, (viii) a person who provides victim services pursuant to the laws of a province or territory, or (ix) a friend, family member or other personal  supporter . Clause 10 : New. Coming into Force Sixty days after royal assent 11 This Act comes into force 60 days after the day on which it receives royal assent.