2nd Session, 43rd Legislature

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Bill 229

THE HUMAN RIGHTS CODE AMENDMENT ACT (NON-DISCLOSURE AGREEMENTS)

(Assented to                                         )

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H175 amended

1   The Human Rights Code is amended by this Act.

2   Subsection 19(2) is amended, in the part before clause (a), by striking out "section" and substituting "Code".

3   The following is added after section 20 as part of Part II:

Non-disclosure provisions

20.1(1)   No person shall attempt to enforce or threaten to enforce a provision in an agreement to

(a) prevent or restrict any other person who experienced or alleged they experienced discrimination or harassment from disclosing information about the discrimination, harassment or allegation; or

(b) deny a benefit or cause a detriment to any other person who experienced or alleged they experienced discrimination or harassment for disclosing information about the discrimination, harassment or allegation.

Transitional — agreements on or after effective date

20.1(2)   Subsection (1) applies with respect to an agreement entered into on or after the day this section comes into force.

4   The following is added after section 56 as part of Part IV:

Non-disclosure provisions may be unenforceable

56.1(1)   A provision in an agreement is not enforceable against a person who experienced or alleged they experienced discrimination or harassment to the extent that the provision

(a) has the effect of preventing or restricting the person from disclosing information about the discrimination, harassment or allegation; or

(b) denies a benefit or causes a detriment to the person for disclosing information about the discrimination, harassment or allegation.

Transitional — agreements on or after effective date

56.1(2)   Subsection (1) applies with respect to an agreement entered into on or after the day this section comes into force.

Coming into force

5   This Act comes into force on the day it receives royal assent.