Transport committee  What forces them to insure is being a good operator: insurance is risk management. If you're someone like Sears Canada, for example, I suspect you don't have insurance because you're big enough to look after it yourself. Those of us who have insurance on our cars and our homes and our boats have it because if we have an accident we can't simply write a cheque right there and then, and we ask an insurance company to do it for us.

Transport committee  The regulatory authority for shipping and marine safety in Canada is Transport Canada. They use the Canada Shipping Act and the regulations that support the Canada Shipping Act to do that. What I'm suggesting, and what the national maritime law section of the Canadian Bar Association is suggesting, is not that you do away with the marine safety rules for shipping.

Transport committee  No, the waiver is a bit of a red herring. I will give you a personal example. Last summer I had the pleasure of going to Quebec City, and after a meeting there I was able to go to the Saguenay on a whale-watching tour. They have operators up there with big ships, little ships, Zodiacs.

Transport committee  I wouldn't say we haven't found it. I think Transport Canada, in putting forward to you proposed section 37.1, is pretty damn good. I'm only saying that if you add a condition in it about seaworthiness, it would be even better.

Transport committee  Yes, there's a clear indication in my mind, because in a former life I was an insurance broker. But the insurance of ships, whether they're big ships or little ships.... I believe one of the witnesses coming before you next week is the Canadian Board of Marine Underwriters, if I'm not mistaken.

Transport committee  And it won't matter to them. So what you need to do is this. If you're saying, in a piece of legislation, you're going to put a gateway proposal in place—and proposed section 37.1 is a gateway-type threshold provision—you're saying that if you meet these four or five tests, you will be felt to be a marine adventure tourism activity and part 4 will not apply.

Transport committee  Thank you, Kerri. Mr. Chairman and members of the committee, good afternoon, and thank you for giving us the time to speak to you. Last night, instead of watching the results show on American Idol, I had the chance to spend two hours in front of the webcast and watch your deliberations on Tuesday.