Fredericton (GNB) – The New Brunswick Women’s Council welcomes legislation regulating the use of non-disclosure agreements (NDAs) that relate to discrimination, harassment, sexual and intimate partner violence, among other acts. The Council is recommending that programs be developed and publicly funded to ensure that victims and survivors can access independent legal advice when they are considering signing an NDA.
“The use of NDAs in relation to discrimination, harassment, violence, and abuse has long been shaped by power imbalances as well as misinformation and disinformation,” said Amanda LeBlanc, co-chair of the Council. “This legislation provides much needed clarity and guardrails for NDAs.”
The legislation sets out conditions that must be met for NDAs relating to certain acts to be valid. It also details situations in which an NDA cannot force victims and survivors of these acts to keep silent. The legislation establishes that NDAs relating to these acts cannot prevent investigations or certain disclosures by parties that have responsibilities toward complainants and alleged wrongdoers, like employers, sports and community associations, and religious organizations.
“Victims and survivors often live in fear of breaching NDAs. This legislation will help ensure that NDAs don’t prevent them from seeking supports and services or participating in investigations,” said Andrée-Anne Marks, the strategic initiatives lead at Sexual Violence New Brunswick, a community-based organization that is a member of the Council.
The Council has advised government that the law’s requirement that victims and survivors have a period of time to obtain independent legal advice before signing an NDA is at-risk of being strong in principle but not practice.
“For many, independent legal advice is out of reach unless it’s provided for free,” said Beth Lyons, executive director of the Council. “This is a service that likely needs to be delivered through the not-for-profit sector with public funding, as community-based organizations are often the first—and sometimes the only—place that victims and survivors reach out to for support.”
More information on NDAs (including how they function in relation to gender-based violence) and the Council’s recommendations in response to the February 2026 Law Reform Note that preceded the legislation are available on the Council’s website.
The New Brunswick Women’s Council is an independent public advisory body on women’s equality issues.
10-28-2026
Media contact: Melissa Wah, New Brunswick Women’s Council, melissa.wah@gnb.ca