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

Marginal note:Documents on board — master

• 202 (1) The master of a Class 2 vessel must ensure that

  • (a) the Class 2 Canadian Document of Compliance that was issued to the vessel’s ship manager is kept on board;

  • (b) the Canadian 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 200(1) is set out is kept on board.

• Marginal note:Production of documents

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

  • (a) the Class 2 Canadian Document of Compliance that was issued to the ship manager is produced on the request of the Minister;

  • (b) the Canadian 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 200(1) is set out is produced on the request of the Minister.

Marginal note:Audits and reviews

• 203 (1) The ship manager of a Class 2 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 200(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

• 204 (1) It is prohibited for the authorized representative or ship manager of a Class 2 vessel to operate the vessel, or permit the vessel to be operated, unless the ship manager

  • (a) holds a Class 2 Canadian Document of Compliance that applies to the type of vessel;

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

  • (c) maintains the safety management system referred to in subsection 200(1).

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

  (2) It is prohibited for the authorized representative, ship manager or master of a Class 2 vessel to operate the vessel, or permit the vessel to be operated, after the time limit referred to in subsection 201(2) unless the vessel operates in accordance with the procedures and practices described in the safety management system referred to in subsection 200(1).

[205 to 299 reserved]

PART 3Class 3 Vessels

Marginal note:Issuance — Canadian Document of Compliance

• 300 (1) The Minister must, on application by a ship manager of a Class 3 vessel, issue a Class 3 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, other than sections 4 and 12.

• Marginal note:Types of vessels

  (2) The Minister must, when issuing a Class 3 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 3 Canadian Document of Compliance is issued.

Marginal note:Issuance — Canadian Safety Management Certificate

• 301 (1) The Minister must, on application by a ship manager of a Class 3 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, other than sections 4 and 12.

• 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.

Marginal note:Documents on board — master

• 302 (1) The master of a Class 3 vessel must ensure that

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

  • (b) the Canadian 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 is set out is kept on board.

• Marginal note:Production of documents

  (2) The ship manager of a Class 3 vessel must ensure that

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

  • (b) the Canadian 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 is set out is produced on the request of the Minister.

Marginal note:Audits and reviews

• 303 (1) The ship manager of a Class 3 vessel must ensure that an internal audit and management review is carried out 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.

• Marginal note:Evaluation intervals

  (2) The ship manager must ensure that the audits and management reviews are carried out at intervals not exceeding 12 months.

• 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

• 304 (1) It is prohibited for the authorized representative or ship manager of a Class 3 vessel to operate the vessel, or permit the vessel to be operated, unless the ship manager

  • (a) holds a Class 2 or Class 3 Canadian Document of Compliance that applies to the type of vessel;

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

  • (c) maintains the safety management system.

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

  (2) It is prohibited for the authorized representative, ship manager or master of a Class 3 vessel to operate the vessel, or permit the vessel to be operated, after the time limit referred to in subsection 301(2) unless the vessel operates in accordance with the procedures and practices described in the safety management system.

[305 to 399 reserved]

PART 4Class 4 Vessels

Marginal note:Issuance — Canadian Document of Compliance

• 400 (1) The Minister must, on application by a ship manager of a Class 4 vessel, issue a Class 4 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 set out in sections 402 to 404.

• Marginal note:Types of vessels

  (2) The Minister must, when issuing a Class 4 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 4 Canadian Document of Compliance is issued.

Marginal note:Issuance — Canadian Safety Management Certificate

• 401 (1) The Minister must, on application by a ship manager of a Class 4 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 set out in sections 402 to 404.

• 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.

Marginal note:Safety management system

402 The ship manager of a Class 4 vessel must develop a documented safety management system that includes

• (a) a safety and environmental protection policy;

• (b) instructions and procedures to ensure compliance with provisions of the Act and its regulations respecting the safe operation of the vessel and the protection of the environment;

• (c) defined levels of authority and lines of communication between, and among, shore-based and on-board personnel;

• (d) procedures for reporting shipping casualties and situations of non-compliance with the requirements of the safety management system;

• (e) procedures for preparing for and responding to emergency situations; and

• (f) procedures for internal reviews of the safety management system.

Marginal note:Instructions and procedures — paragraph 402(b)

403 The instructions and procedures required under paragraph 402(b) must include instructions and procedures for

• (a) equipment inspection, maintenance and testing;

• (b) ensuring the vessel’s seaworthiness and stability;

• (c) voyage planning, safe navigation and handling of the vessel; and

• (d) ensuring safety at sea and preventing human injuries, loss of life and damage to the marine environment and to property.

Marginal note:Procedures — paragraph 402(e)

404 The procedures required under paragraph 402(e) must include procedures for

• (a) preparing for and responding to shipping casualties and personnel accidents;

• (b) dealing with equipment failure;

• (c) responding to pollution incidents; and

• (d) reporting emergency situations.

Marginal note:Evaluations

• 405 (1) The ship manager of a Class 4 vessel must ensure that the effectiveness of the safety management system is evaluated in accordance with the procedures referred to in paragraph 402(f) to verify whether the shore-based and on-board operations comply with the procedures and practices described in the safety management system.

• Marginal note:Evaluation intervals

  (2) The ship manager must ensure that the evaluations are carried out at intervals not exceeding 12 months.

• Marginal note:Disclosure to personnel

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

• Marginal note:Results kept and produced

  (4) The ship manager must ensure that the results of the evaluation are

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

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

Marginal note:Documents on board — master

• 406 (1) The master of a Class 4 vessel must ensure that

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

  • (b) the Canadian 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 is set out is kept on board.

• Marginal note:Production of documents

  (2) The ship manager of a Class 4 vessel must ensure that

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

  • (b) the Canadian 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 is set out is produced on the request of the Minister.

Marginal note:Prohibition — authorized representative and ship manager

• 407 (1) It is prohibited for the authorized representative or ship manager of a Class 4 vessel to operate the vessel, or permit the vessel to be operated, unless the ship manager

  • (a) holds a Class 2, Class 3 or Class 4 Canadian Document of Compliance that applies to the type of vessel;

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

  • (c) maintains the safety management system.

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

  (2) It is prohibited for the authorized representative, ship manager or master of a Class 4 vessel to operate the vessel, or permit the vessel to be operated, after the time limit referred to in subsection 401(2) unless the vessel operates in accordance with the procedures and practices described in the safety management system.