Marine Safety Management System Regulations (SOR/2024-133)

Interpretation

Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Canada Shipping Act, 2001. (Loi)

  Class 1 vessel

  Class 1 vessel means a Canadian vessel to which Chapter IX of SOLAS applies. (bâtiments de catégorie 1)

  Class 2 vessel

  Class 2 vessel means a Canadian vessel, other than a Class 1 vessel, that

  • (a) is 500 gross tonnage or more; or

  • (b) is certified to carry 50 passengers or more as indicated on the vessel’s safety certificate issued under the Vessel Safety Certificates Regulations and is 24 m in length or more. (bâtiments de catégorie 2)

  Class 3 vessel

  Class 3 vessel means a Canadian vessel, other than a Class 1 or 2 vessel, that is 24 m in length or more. (bâtiments de catégorie 3)

  Class 4 vessel

  Class 4 vessel means a Canadian vessel, other than a Class 1, 2 or 3 vessel, that

  • (a) is more than 15 gross tonnage; or

  • (b) is 15 gross tonnage or less and is a passenger-carrying vessel or a towboat. (bâtiments de catégorie 4)

  Class 5 vessel

  Class 5 vessel means a Canadian vessel, other than a Class 1, 2, 3 or 4 vessel, of 15 gross tonnage or less. (bâtiments de catégorie 5)

  Class 5 vessel

  Class 5 vessel means a Canadian vessel, other than a Class 1, 2, 3 or 4 vessel, of 15 gross tonnage or less. (bâtiments de catégorie 5)

  ISM Code

  ISM Code means the International Management Code for the Safe Operation of Ships and for Pollution Prevention adopted by the International Maritime Organization by resolution A.741(18). (Code ISM)

  Minister

  Minister means the Minister of Transport. (ministre)

  passenger-carrying vessel

  passenger-carrying vessel means a vessel that is used to carry one or more passengers. (bâtiment transportant des passagers)

  ship manager

  ship manager means a qualified person who is responsible for managing the shore-based and on-board operations of a vessel. (gestionnaire)

  SOLAS

  SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention. (SOLAS)

  towboat

  towboat has the same meaning as in section 1 of the Navigation Safety Regulations, 2020. (bâtiment remorqueur)

• Marginal note:Safety management system

  (2) A safety management system is a structured set of policies and procedures whose purpose is to enable the effective implementation of safety and environmental protection policies.

Marginal note:Documents — as amended from time to time

2 Any reference in these Regulations to a document is a reference to that document as amended from time to time.

Marginal note:Documents incorporated by reference

3 For the purpose of interpreting a document incorporated by reference into these Regulations,

• (a) “should” is to be read as “must”;

• (b) “Administration” is to be read as “Minister”;

• (c) “Company” is to be read as “ship manager”;

• (d) “ship” is to be read as “vessel”; and

• (e) “rules” and “regulations” are to be read as “regulations made under the Act”.

Marginal note:Length and gross tonnage

4 Any reference in these Regulations to the length or gross tonnage of a vessel is a reference to the length or gross tonnage indicated on the certificate of registry issued to it under the Vessel Registration and Tonnage Regulations.

Purpose

Marginal note:Canadian vessels

• 5 (1) These Regulations establish the requirement that the ship manager of a Class 1, 2, 3, 4 or 5 vessel develop, implement and maintain a documented safety management system that addresses the shore-based and on-board operations of the vessel.

• Marginal note:Foreign vessels

  (2) These Regulations establish the requirement that the authorized representative of a foreign vessel to which Chapter IX of SOLAS applies and that is in Canadian waters operates the vessel in accordance with the procedures and practices described in a documented safety management system.

General

Marginal note:Application

6 Subject to section 7, these Regulations apply in respect of

• (a) Class 1, 2, 3, 4 and 5 vessels and their shore-based and on-board operations; and

• (b) foreign vessels to which Chapter IX of SOLAS applies that are operating in Canadian waters.

Marginal note:Non-application

7 These Regulations do not apply in respect of

• (a) a vessel subject to the Fishing Vessel Safety Regulations;

• (b) a vessel that does not have a mechanical means of propulsion and does not carry persons, dangerous chemicals in bulk or oil in bulk on board;

• (c) a human-powered vessel;

• (d) a vessel subject to the Special-purpose Vessels Regulations; or

• (e) a pleasure craft.

Marginal note:Prohibition — foreign vessels subject to SOLAS

8 The authorized representative of a foreign vessel must not operate the vessel in Canadian waters unless

• (a) a safety management certificate or interim safety management certificate that was issued in respect of the vessel by the government of the State whose flag the vessel is entitled to fly is kept on board;

• (b) a document of compliance or interim document of compliance that applies to the vessel and was issued by the government of the State whose flag the vessel is entitled to fly is kept on board; and

• (c) the authorized representative ensures that the vessel operates in accordance with the procedures and practices described in the documented safety management system in relation to which the certificate referred to in paragraph (a) and the document referred to in paragraph (b) were issued.

Marginal note:Exchange

9 The Minister must, on application by the holder of a Canadian Document of Compliance, exchange that document for a Canadian Document of Compliance of another class if the requirements for the issuance of that other Canadian Document of Compliance are met and the holder is not in contravention of a provision of these Regulations.

Marginal note:Endorsement

10 The holder of a Canadian maritime document issued under these Regulations that is valid for more than one year must ensure that

• (a) the shore-based and on-board operations of each vessel to which the document applies are inspected not later than the dates determined by the Minister, as indicated on the document at the time it is issued; and

• (b) the document is endorsed by the Minister following the inspection to indicate that the requirements for the issuance of the document continue to be met.

Marginal note:Identification of ship manager

11 The authorized representative of a Canadian vessel must, on the request of the Minister, identify the ship manager in the form and manner specified by the Minister.

[12 to 99 reserved]

PART 1Class 1 Vessels

Marginal note:Issuance — Documents of Compliance

• 100 (1) The Minister must, on application by a ship manager of a Class 1 vessel, issue the following documents to them:

  • (a) an Interim Document of Compliance, if the Minister determines that the ship manager has developed a documented safety management system and that the requirements set out in paragraph 14.1 of Part B of the ISM Code are met; and

  • (b) a Document of Compliance, if the Minister determines that the ship manager has developed and implemented a documented safety management system that meets the requirements of Part A of the ISM Code.

• Marginal note:Types of vessels

  (2) The Minister must, when issuing a Document of Compliance or an Interim Document of Compliance, specify on the document the types of vessels to which the document applies.

Marginal note:Issuance — safety management certificates

101 The Minister must, on application by a ship manager of a Class 1 vessel, issue the following documents in respect of the vessel to them:

• (a) an Interim Safety Management Certificate, if the Minister determines that the ship manager has developed a documented safety management system and that the requirements set out in paragraphs 14.2 and 14.4 of Part B of the ISM Code are met; and

• (b) a Safety Management Certificate, if the Minister determines that the vessel operates in accordance with the procedures and practices described in the safety management system and that the system meets the requirements for the issuance of a Document of Compliance under subsection 100(1).

Marginal note:Documents on board — master

• 102 (1) The master of a Class 1 vessel must ensure that

  • (a) the Document of Compliance or Interim Document of Compliance that was issued to the vessel’s ship manager is kept on board;

  • (b) the Safety Management Certificate or Interim Safety Management Certificate that was issued in respect of the vessel to the vessel’s ship manager is kept on board; and

  • (c) the document in which the safety management system referred to in subsection 100(1) is set out is kept on board.

• Marginal note:Production of documents

  (2) The ship manager of a Class 1 vessel must ensure that

  • (a) the Document of Compliance or Interim Document of Compliance that was issued to the ship manager is produced on the request of the Minister;

  • (b) the Safety Management Certificate or Interim Safety Management Certificate that was issued in respect of the vessel to the ship manager is produced on the request of the Minister; and

  • (c) the document in which the safety management system referred to in subsection 100(1) is set out is produced on the request of the Minister.

Marginal note:Audits and reviews

• 103 (1) The ship manager of a Class 1 vessel must ensure that an internal audit and management review is carried out in accordance with section 12 of Part A of the ISM Code to verify whether the shore-based and on-board operations of the vessel comply with the procedures and practices described in the safety management system that is referred to in subsection 100(1).

• Marginal note:Frequency

  (2) The ship manager must ensure that the audits and management reviews are carried out at frequencies determined in accordance with paragraph 12.1 of Part A of the ISM Code.

• Marginal note:Disclosure to personnel

  (3) The ship manager must ensure that the results of the audits and management reviews for an area of operation are brought to the attention of all personnel that have responsibility in that area.

• Marginal note:Corrective action plan

  (4) The ship manager must ensure that a corrective action plan to address any deficiency identified during an audit is developed and implemented in a timely manner after the day on which the deficiency is identified.

• Marginal note:Content of corrective action plan

  (5) The ship manager must ensure that the corrective action plan identifies the cause of any deficiency and specifies a process to rectify it and the actions to be taken to prevent a recurrence.

• Marginal note:Results kept and produced

  (6) The ship manager must ensure that the results of the audits and management reviews are

  • (a) kept for a period of at least 5 years; and

  • (b) produced on the request of the Minister.

Marginal note:Prohibition — authorized representative and ship manager

• 104 (1) It is prohibited for the authorized representative or ship manager of a Class 1 vessel to operate the vessel, or permit the vessel to be operated, unless the ship manager

  • (a) holds a Document of Compliance or an Interim Document of Compliance that applies to the type of vessel;

  • (b) holds a Safety Management Certificate or an Interim Safety Management Certificate that was issued in respect of the vessel; and

  • (c) maintains the safety management system referred to in subsection 100(1).

• Marginal note:Prohibition — authorized representative, ship manager and master

  (2) It is prohibited for the authorized representative, ship manager or the master of a Class 1 vessel to operate the vessel, or permit the vessel to be operated, unless the vessel is operated in accordance with the procedures and practices described in the safety management system that is referred to in subsection 100(1).

[105 to 199 reserved]

PART 2Class 2 Vessels

Marginal note:Issuance — Canadian Document of Compliance

• 200 (1) The Minister must, on application by a ship manager of a Class 2 vessel, issue a Class 2 Canadian Document of Compliance to them if the Minister determines that the ship manager has developed a documented safety management system that meets the requirements of Part A of the ISM Code.

• Marginal note:Types of vessels

  (2) The Minister must, when issuing a Class 2 Canadian Document of Compliance, specify on the document the types of vessels to which it applies.

• Marginal note:Implementation

  (3) The ship manager must ensure that the safety management system is implemented in respect of the shore-based and on-board operations of the vessel within six months after the day on which the Class 2 Canadian Document of Compliance is issued.

Marginal note:Issuance — Canadian Safety Management Certificate

• 201 (1) The Minister must, on application by a ship manager of a Class 2 vessel, issue a Canadian Safety Management Certificate in respect of the vessel to them if the Minister determines that the ship manager has developed a documented safety management system that meets the requirements of Part A of the ISM Code.

• Marginal note:Implementation

  (2) The ship manager must ensure that the safety management system is implemented in respect of the on-board operations of the vessel within six months after the day on which the Canadian Safety Management Certificate is issued.