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Employment ComplianceOct 30, 202604:44 (PT)

New Brunswick proposes legislation to restrict NDAs in workplace harassment and discrimination settlements

Key points

  • The proposal would not ban NDAs outright but adds safeguards on informed consent and disclosure of misconduct
  • Individuals could still discuss their experiences when seeking legal advice, medical care or counselling
  • Attorney General Robert McKee said NDAs are often used to conceal harmful conduct

New Brunswick has proposed a Non-disclosure Agreements Act that would limit NDAs in workplace harassment and discrimination settlements. The bill would not ban NDAs outright but add safeguards around informed consent and disclosure of misconduct. Individuals could still discuss their experiences when seeking legal advice, medical care or counselling, Attorney General Robert McKee said.

What employers should do

  1. If you have employees in New Brunswick, monitor the progress of this proposal
  2. Review confidentiality clauses in existing settlement agreements

Policy details

Jurisdiction
New Brunswick
Status
Proposed rule
Effective date
—
Employers covered
Employers in New Brunswick involved in workplace harassment and discrimination settlements
Official source
Official source pending
Original report: Canadian HR Reporter ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.