Safety Management Regulations
SOR/98-348
CANADA SHIPPING ACT
Registration 1998-06-18
Safety Management Regulations
P.C. 1998-1129 1998-06-18
Whereas, pursuant to subsection 314.1(1)Footnote a of the Canada Shipping Act, a copy of the proposed Safety Management Regulations, substantially in the annexed form, was published in the Canada Gazette, Part I, on March 28, 1998 and a reasonable opportunity was afforded to ship owners, masters, seamen and other interested persons to make representations to the Minister of Transport with respect to them;
Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Transport, pursuant to section 314Footnote a, paragraphs 657(1)(e)Footnote b and (k)Footnote b and subsection 657(2)Footnote b of the Canada Shipping Act, hereby makes the annexed Safety Management Regulations.
Return to footnote aR.S., c. 6 (3rd Supp.), s. 35
Return to footnote bR.S., c. 6 (3rd Supp.), s. 84
Interpretation
1 (1) In these Regulations, “company” has the meaning assigned in Regulation 1 of Chapter IX of the Safety Convention.
(2) For the purpose of interpreting Chapter IX of the Safety Convention, references in the International Safety Management (ISM) Code to “should” shall be read as “shall”.
- SOR/2001-294, s. 1
Application
2 These Regulations apply in respect of Safety Convention ships that are
(a) passenger ships; or
(b) cargo ships that are 500 tons gross tonnage or more.
- SOR/2001-294, s. 1
Inspections and Documents of Compliance
3 (1) Steamship inspectors may issue the Documents of Compliance referred to in Regulation 4(1), and the Safety Management Certificates referred to in Regulation 4(3), of Chapter IX of the Safety Convention and may, for the purpose of performing the verifications referred to in Regulations 4(3) and 6(1) of that Chapter, enter any premises at any reasonable time to carry out an inspection.
(2) Living quarters may not be entered under subsection (1) unless they are entered with the consent of the occupant.
(3) In carrying out an inspection, a steamship inspector may
(a) direct any person on the premises where the inspection is being carried out to furnish any information or to produce any document that is relevant to the matter being verified;
(b) use or cause to be used any computer system or data processing system on the premises where the inspection is being carried out to examine any data contained in, or available to, the system;
(c) reproduce or cause to be reproduced any record from the data in the form of a print-out or other intelligible output; and
(d) use or cause to be used any copying equipment on the premises where the inspection is being carried out to make copies of any document.
(4) Every person on the premises where an inspection is being carried out shall provide all reasonable assistance to facilitate the inspection, including complying with a direction made under paragraph (3)(a).
- SOR/2001-294, s. 2
Company Responsibilities
4 Every company shall comply with, and ensure that its ships comply with, Regulations 3, 4.2 and 5 of Chapter IX of the Safety Convention.
5. and 6 [Repealed, SOR/2001-294, s. 3]
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