Sir, if I understand the concept of a passive participant in a marine adventure, again if I may I'll point to proposed subsection 37.1(1), which contains a paragraph (d) that talks about exposing the participant to risks when these “have been presented to the participants and they have accepted in writing to be exposed to them”. This is pure speculation, but I would speculate that even “passive individuals” sitting on board a raft would have been asked to sign these waivers in any event. Then by definition they would fall within the marine “adventure tourist” class of individual. Of course, it would be for the courts to decide, but the way I read section 37.1, I hate to say it creates a watertight compartment of individuals, but I think it affords enough specificity.
On April 21st, 2009. See this statement in context.