A new task force will study the use of non-disclosure and non-disparagement agreements (NDAs) in the national church after Council of General Synod (CoGS) approved its terms of reference on June 13.
Non-disclosure agreements are legal contracts in which the signatories agree not to publicly disclose particular information. They were originally invented to prevent employees from sharing trade secrets but have also been used by some organizations as part of settlement agreements in cases of workplace misconduct. Non-disparagement clauses are contractual provisions against publicly criticizing a party named in the agreement or sharing information that could harm their reputation.
The motion CoGS voted on originally called for the task force to be made up of two members of CoGS and two members of General Synod, as well as the primate, chancellor, prolocutor and deputy prolocutor, who are ex-officio members of all task forces. However, the Rev. Lauren Schoeck, clergy member from the ecclesiastical province of Northern Lights, proposed an amendment adding one more member from each body.
The committee has a lot of work to do, Schoeck said, and with ex-officio members already very busy, four regular members didn’t feel like enough. The terms now call for three members from CoGS and three from General Synod. “I’m volunteering to be one of those people,” Schoeck said.
At its June 2025 meeting, General Synod forwarded work on NDAs to CoGS when a motion to end the Anglican Church of Canada’s use of NDAs in cases of sexual misconduct became the subject of protracted debate. Synod members expressed support for the spirit of the motion, but executive church staff raised concerns that the resolution as drafted posed legal and insurance liability risks. General Synod therefore referred the motion to CoGS to develop the deeper understanding needed for an informed decision.
Terms of reference for the task force charge it with contacting each diocese to request information on their own discernment of the issue so far and any policies they have developed; requesting similar information from the Anglican Church of Canada’s full communion partners and other denominations as appropriate; and reporting back to CoGS with any recommendations for next steps by the council’s spring 2027 meeting.
A summary of a group discussion at the fall 2025 meeting of CoGS, which was included in the materials provided to CoGS members ahead of the June 2026 meeting, expresses a “desire to understand fully the ethical, pastoral, legal and financial implications of the use of NDA’s.”
CoGS members sought clarity on questions including the purpose of NDAs, who requires or uses them, the role of insurance companies and potential legal and other consequences if the Anglican Church of Canada were to prohibit the use of NDAs.
The discussion summary also records members seeking clarification on the intent of the original motion brought to General Synod—whether it mainly aimed to improve transparency or accountability, shift towards a restorative-justice model, protect survivors or some combination of these factors.
