Are liability waivers enforceable in Canada?

Yes, provided they are clearly drafted, brought to the participant’s attention and signed before the activity. Canadian courts have enforced waivers in cases involving skiing, gyms and adventure activities, but have struck them down when they were hidden or signed under time pressure.

Can a waiver cover gross negligence?

Generally no. Canadian courts have consistently refused to enforce waivers of gross negligence and intentional misconduct. Your best protection is a combination of a good waiver and genuinely safe operating practices.

Can a parent sign a waiver for a minor child?

In most provinces a parent cannot waive a minor’s right to sue in negligence, following decisions like Wong v. Lok’s Martial Arts Centre Inc. in British Columbia. A parental signature still has some use as an acknowledgement of risk and may be required by insurers, but it does not eliminate the child’s future claim.

Does the waiver need to be signed before the activity?

Yes. To be effective the participant must sign before they are exposed to the risk. Signing a waiver after an injury has occurred is not a defence to a claim arising from that injury.

Does the waiver have to be in a specific format?

There is no prescribed format, but Canadian courts expect clear headings, plain language, conspicuous placement of the waiver language and a signature block that makes clear the participant is giving up rights. Burying the waiver in a registration form is a common reason courts refuse to enforce them.

Can a waiver override provincial consumer protection laws?

No. Section 7 of the Ontario Consumer Protection Act, 2002, and its provincial equivalents, prohibit contracting out of statutory consumer rights. A waiver cannot remove the baseline protections the legislature provides to consumers.

Should I get waivers signed electronically?

Electronic waivers are generally valid under provincial e-commerce legislation such as the Electronic Commerce Act, 2000, S.O. 2000, c. 17, provided the participant has had a real chance to read and manifest consent. Keep an audit trail with timestamp and IP address.

Do waivers remove the need for insurance?

No. A waiver reduces litigation risk but does not eliminate it, and does not cover claims by third parties or statutory regulators. Canadian businesses running risky activities should always carry commercial general liability insurance alongside their waivers.

LegalCanada

Release and Waiver Template

A release and waiver lets a participant acknowledge the risks of an activity and release the organiser from certain liability claims in advance. Our free Canadian template is drafted to meet the standards Canadian courts apply to waivers under negligence law, provincial occupiers’ liability legislation and cases like Crocker v. Sundance Northwest Resorts.

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RELEASE AND WAIVER OF LIABILITY

Province Of Ontario, Canada

RELEASOR

David Andrew Thompson

88 Queen Street, Charlottetown, PE C1A 4A8

RELEASEE (ORGANIZATION)

Adventure Sports Canada Inc.

200 Portage Avenue, Suite 1500, Winnipeg, MB R3C 3X2

Effective: March 25, 2026

Ottawa River, Ontario

I, David Andrew Thompson, of 88 Queen Street, Charlottetown, PE C1A 4A8, and in consideration of being permitted to participate in the Activity described herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows:

ACTIVITY DESCRIPTION

This Release and Waiver of Liability (this "Release") pertains to the following activity or event (the "Activity"): Guided whitewater rafting excursion on the Ottawa River, including equipment rental, safety briefing, and transportation to the launch point, scheduled for or occurring on July 15, 2026, at Ottawa River, Ontario. The Activity is organized, operated, or facilitated by Adventure Sports Canada Inc. (the "Released Party"), represented by Mark Johnson, Program Director.

VOLUNTARY ASSUMPTION OF RISK

I acknowledge and agree that participation in the Activity involves inherent risks, hazards, and dangers, some of which cannot be eliminated regardless of the degree of care exercised. These risks include, but are not limited to: physical injury, property damage, disability, paralysis, and death. I freely and voluntarily assume all such risks, both known and unknown, including risks arising from the negligence of the Released Party and others, and I assume full responsibility for my participation in the Activity.

RELEASE AND WAIVER

In consideration of the above, I, on behalf of myself, my heirs, assigns, personal representatives, next of kin, and estate, hereby release, waive, discharge, and covenant not to sue the Released Party, its officers, directors, employees, agents, volunteers, independent contractors, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, causes of action, costs, and expenses whatsoever (including legal fees on a solicitor-and-client basis) arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, in connection with my participation in the Activity, whether caused by the negligence of the Released Parties or otherwise. This Release shall not apply to loss, damage, or injury caused by the gross negligence or wilful misconduct of any Released Party, as such liability cannot be waived under the Occupiers' Liability Act, R.S.O. 1990, c. O.2 (Ontario), or equivalent provincial legislation.

INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from and against any loss, liability, damage, claim, cost, or expense (including reasonable legal fees on a solicitor-and-client basis) that they may incur due to my participation in the Activity, including claims brought by third parties arising from my conduct during the Activity, whether caused by the negligence of the Released Parties or otherwise.

ACKNOWLEDGMENT OF UNDERSTANDING

I acknowledge and represent that: (a) I have read this Release in its entirety and fully understand its terms; (b) I am aware that by signing this document I am giving up substantial legal rights, including the right to sue the Released Parties for negligence; (c) I am signing this Release freely and voluntarily, without any inducement, assurance, or guarantee being made to me; (d) I am of legal age and have full legal capacity to execute this Release; (e) no representations have been made to me regarding the safety of the Activity other than what is expressly stated herein; and (f) this Release shall be effective and binding even if any circumstance arises that I did not anticipate when signing.

SEVERABILITY

If any provision of this Release is held by a court of competent jurisdiction to be invalid, unconscionable, or unenforceable — including pursuant to the provisions of the Occupiers' Liability Act (Ontario) or equivalent provincial legislation — such provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalidity of any one provision shall not affect the validity or enforceability of any other provision.

GOVERNING LAW

This Release shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any dispute arising under or in connection with this Release shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

ENTIRE AGREEMENT

This Release constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous oral or written understandings. This Release may not be amended or modified except by a written instrument signed by both Parties.

SIGNATURES — I have read and understood this Release and Waiver of Liability and voluntarily agree to its terms:

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

RELEASOR

David Andrew Thompson

Date: ____________________

WITNESS

400 Main Street, Fredericton, NB E3A 1C3

Michael R. Clarke

Date: ____________________

What Is a Release and Waiver?

A release and waiver (sometimes called a waiver of liability, hold-harmless agreement or participation agreement) is a contract in which one party agrees in advance to release another from legal claims arising out of participation in an activity. In Canada, these documents are commonly used by gyms, ski hills, adventure tour operators, sports clubs, event organisers and service businesses to manage exposure to negligence claims.

Canadian courts will enforce a properly drafted waiver, but they read it strictly and against the party seeking to rely on it. The Ontario Occupiers’ Liability Act, R.S.O. 1990, c. O.2 allows occupiers of premises to restrict their duty of care through conspicuous notice or a signed waiver, while the Negligence Act, R.S.O. 1990, c. N.1 governs how fault and contribution are apportioned when injuries do occur. Similar statutes exist in every common-law province.

The starting point for Canadian waiver enforceability is the Supreme Court of Canada’s decision in Crocker v. Sundance Northwest Resorts Ltd., [1988] 1 S.C.R. 1186. The Court held that a waiver can be ineffective where the party signing it did not have a reasonable opportunity to read it and where the organiser’s conduct made it unfair to rely on it. Later cases have confirmed that gross negligence and liability to minors cannot usually be waived.

What's Covered in This Template

Our release and waiver template includes the risk disclosures, releases and procedural safeguards that Canadian courts look for.

Participant Details

Full legal name, date of birth and address of the person signing the waiver.

Released Parties

Identification of the organisation, its directors, employees, volunteers, sponsors and facility owners being released.

Description of the Activity

Clear description of the specific activity, programme or event the waiver covers.

Assumption of Risk

Express acknowledgement of the inherent risks of the activity, including specific examples.

Release of Claims

Waiver of claims in contract, tort and statute arising out of participation, including ordinary negligence.

Indemnity

Agreement to indemnify the released parties against third-party claims caused by the participant.

Parental Acknowledgement

Separate section for a parent or guardian where the participant is a minor.

Medical Fitness Declaration

Participant confirms they are physically able to participate and have disclosed relevant conditions.

Governing Law

Choice of provincial law and forum, typically the province where the activity takes place.

Conspicuous Notice and Signature

Formatting and signature layout that makes clear the participant is signing a waiver, not a registration form.

How to Create a Release and Waiver

Follow these steps to produce a Canadian-compliant release and waiver your organisation can actually rely on.

1
Define the Activity Precisely
Identify the specific activity or service the waiver covers — generic waivers are easier to attack.
2
List the Real Risks
Set out the inherent risks in plain language so participants cannot later say they did not understand them.
3
Identify the Released Parties
Name the company, directors, employees, sponsors and facility owners who are being released.
4
Give Participants Time to Read
Provide the waiver in advance and give participants a genuine opportunity to read and ask questions.
5
Collect a Signed Copy
Have the participant (or parent, for minors) sign and date before the activity begins, and keep a dated, signed copy.

Legal Considerations

Canadian waivers are enforceable only where they meet demanding common-law and statutory standards.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.

Reviewed for Canadian law

Crocker v. Sundance and Reasonable Notice

The Supreme Court of Canada in Crocker v. Sundance Northwest Resorts Ltd., [1988] 1 S.C.R. 1186 held that a waiver is ineffective where the party relying on it knew or ought to have known the signer did not understand it. Canadian organisers must therefore draw the waiver to the participant’s attention, use clear headings such as “Waiver of Liability”, and give a genuine chance to read it.

Occupiers’ Liability and Negligence Statutes

Section 3 of the Ontario Occupiers’ Liability Act, R.S.O. 1990, c. O.2 imposes a duty to keep premises reasonably safe. Section 5 allows that duty to be restricted by an express agreement — the waiver. The Negligence Act, R.S.O. 1990, c. N.1 and equivalent provincial statutes then govern how fault is apportioned where an injury still occurs despite the waiver.

Gross Negligence and Minors

Canadian courts generally will not enforce a waiver against a claim of gross negligence, intentional wrongdoing or statutory breach. The BC Court of Appeal in Wong v. Lok’s Martial Arts Centre Inc., 2009 BCCA 87 and subsequent authority hold that a parent cannot, as a general rule, waive a minor’s right to sue in negligence. Where activities involve children, organisers should supplement waivers with robust safety and supervision practices.

Consumer Protection Limits

Section 93 of the Ontario Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A allows courts to set aside unconscionable terms in consumer agreements, and section 7 prohibits waivers of rights under the Act. Similar consumer-protection limits apply in other provinces, meaning waivers cannot strip away basic statutory protections even where they are signed voluntarily.

Frequently Asked Questions

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Protect your organisation with a clear, Canadian-compliant waiver that your participants can genuinely understand. Fill in the activity and risk details, preview the waiver and download a PDF ready to sign.

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