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

Marginal note:Definitions

• The following provision is not in force.

  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

  • The following provision is not in force.

    (a) is 500 gross tonnage or more; or

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (a) is more than 15 gross tonnage; or

  • The following provision is not in force.

    (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)

• The following provision is not in force.

  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,

• The following provision is not in force.

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

• The following provision is not in force.

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

• The following provision is not in force.

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

• The following provision is not in force.

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

• The following provision is not in force.

  (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.

Marginal note:Canadian vessels

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

Marginal note:Application

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

• The following provision is not in force.

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

• The following provision is not in force.

  (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

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

• The following provision is not in force.

  (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;

• The following provision is not in force.

  (c) a human-powered vessel;

• The following provision is not in force.

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

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  (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

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  (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;

• The following provision is not in force.

  (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

• The following provision is not in force.

  (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

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  (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

• The following provision is not in force.

  (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.

Marginal note:Issuance — Documents of Compliance

• The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (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.

• The following provision is not in force.

  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:

• The following provision is not in force.

  (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

• The following provision is not in force.

  (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

• The following provision is not in force.

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

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

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    (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

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

• The following provision is not in force.

  Marginal note:Production of documents

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

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    (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;

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    (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

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    (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

• The following provision is not in force.

  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).

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  Marginal note:Results kept and produced

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

  • The following provision is not in force.

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

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    (b) produced on the request of the Minister.

Marginal note:Prohibition — authorized representative and ship manager

• The following provision is not in force.

  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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

• The following provision is not in force.

  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).

Marginal note:Issuance — Canadian Document of Compliance

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

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

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

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    (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

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    (c) the document in which the safety management system referred to in subsection 200(1) is set out is kept on board.

• The following provision is not in force.

  Marginal note:Production of documents

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

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

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    (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

  • The following provision is not in force.

    (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

• The following provision is not in force.

  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).

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  Marginal note:Results kept and produced

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

  • The following provision is not in force.

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

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    (b) produced on the request of the Minister.

Marginal note:Prohibition — authorized representative and ship manager

• The following provision is not in force.

  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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

• The following provision is not in force.

  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).

Marginal note:Issuance — Canadian Document of Compliance

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (c) the document in which the safety management system is set out is kept on board.

• The following provision is not in force.

  Marginal note:Production of documents

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (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

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  Marginal note:Results kept and produced

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (b) produced on the request of the Minister.

Marginal note:Prohibition — authorized representative and ship manager

• The following provision is not in force.

  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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (c) maintains the safety management system.

• The following provision is not in force.

  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.

Marginal note:Issuance — Canadian Document of Compliance

• The following provision is not in force.

  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.

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

  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.

• The following provision is not in force.

  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

• The following provision is not in force.

  (a) a safety and environmental protection policy;

• The following provision is not in force.

  (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;

• The following provision is not in force.

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

• The following provision is not in force.

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

• The following provision is not in force.

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

• The following provision is not in force.

  (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

• The following provision is not in force.

  (a) equipment inspection, maintenance and testing;

• The following provision is not in force.

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

• The following provision is not in force.

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

• The following provision is not in force.

  (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

• The following provision is not in force.

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

• The following provision is not in force.

  (b) dealing with equipment failure;

• The following provision is not in force.

  (c) responding to pollution incidents; and

• The following provision is not in force.

  (d) reporting emergency situations.

Marginal note:Evaluations

• The following provision is not in force.

  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.

• The following provision is not in force.

  Marginal note:Evaluation intervals

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

• The following provision is not in force.

  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.

• The following provision is not in force.

  Marginal note:Results kept and produced

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (b) produced on the request of the Minister.

Marginal note:Documents on board — master

• The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (c) the document in which the safety management system is set out is kept on board.

• The following provision is not in force.

  Marginal note:Production of documents

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (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

  • The following provision is not in force.

    (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

• The following provision is not in force.

  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

  • The following provision is not in force.

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

  • The following provision is not in force.

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

  • The following provision is not in force.

    (c) maintains the safety management system.

• The following provision is not in force.

  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.

Marginal note:Safety management system

• The following provision is not in force.

  500 (1) The ship manager of a Class 5 vessel must develop a documented safety management system that includes

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    (a) a safety and environmental protection policy;

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    (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;

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

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

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

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    (f) procedures for the continuous improvement of the safety management system.

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  Marginal note:Implementation

  (2) 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 vessel is registered.

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  Marginal note:Instructions and procedures — paragraph (1)(b)

  (3) The instructions and procedures required under paragraph (1)(b) must include instructions and procedures for

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    (a) equipment inspection, maintenance and testing;

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

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

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

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  Marginal note:Procedures — paragraph (1)(e)

  (4) The procedures required under paragraph (1)(e) must include procedures for

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

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    (b) dealing with equipment failure;

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    (c) responding to pollution incidents; and

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    (d) reporting emergency situations.

Marginal note:Documents on board — master

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  501 (1) The master of a Class 5 vessel must ensure that the document in which the safety management system referred to in subsection 500(1) is set out is kept on board.

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  Marginal note:Production of documents

  (2) The ship manager of a Class 5 vessel must ensure that the document in which the safety management system referred to in subsection 500(1) is set out is produced on the request of the Minister.

Marginal note:Prohibition — authorized representative and ship manager

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  502 (1) It is prohibited for the authorized representative or ship manager of a Class 5 vessel to operate the vessel, or permit the vessel to be operated, unless the ship manager

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    (a) maintains the safety management system referred to in subsection 500(1); and

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    (b) ensures that the vessel operates in accordance with the procedures and practices described in the safety management system.

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

  (2) It is prohibited for the authorized representative, ship manager or master of a Class 5 vessel to operate the vessel, or permit the vessel to be operated, after the time limit referred to in subsection 500(2) unless the vessel operates in accordance with the procedures and practices described in the safety management system that is referred to in subsection 500(1).

Marginal note:Documents — Safety Management Regulations

600 A Document of Compliance or Interim Document of Compliance issued under the Safety Management Regulations that is valid immediately before the day on which these Regulations come into force is deemed to have been issued under these Regulations.

Marginal note:Certificates — Safety Management Regulations

601 A Safety Management Certificate or Interim Safety Management Certificate issued under the Safety Management Regulations that is valid immediately before the day on which these Regulations come into force is deemed to have been issued under these Regulations.

Marginal note:Part 2 — passenger-carrying vessels

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  602 (1) Sections 202 to 204 do not apply in respect of a Class 2 vessel that is a passenger-carrying vessel and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the first anniversary of the day on which the vessel’s first safety certificate issued under the Vessel Safety Certificates Regulations is renewed for the first time after the day on which these Regulations come into force.

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  Marginal note:Part 2 — non passenger-carrying vessels

  (2) Sections 202 to 204 do not apply in respect of a Class 2 vessel that is not a passenger-carrying vessel and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the first anniversary of the day on which the vessel’s first safety certificate issued under the Vessel Safety Certificates Regulations is renewed for the first time after the first anniversary of the day on which these Regulations come into force.

Marginal note:Part 3 — passenger-carrying vessels

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  603 (1) Sections 302 to 304 do not apply in respect of a Class 3 vessel that is a passenger-carrying vessel and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the first anniversary of the day on which the vessel’s first safety certificate issued under the Vessel Safety Certificates Regulations is renewed for the first time after the day on which these Regulations come into force.

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  Marginal note:Part 3 — non passenger-carrying vessels

  (2) Sections 302 to 304 do not apply in respect of a Class 3 vessel that is not a passenger-carrying vessel and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the first anniversary of the day on which the vessel’s first safety certificate issued under the Vessel Safety Certificates Regulations is renewed for the first time after the first anniversary of the day on which these Regulations come into force.

Marginal note:Part 4 — passenger-carrying vessels of more than 15 gross tonnage

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  604 (1) Sections 402 to 407 do not apply in respect of a Class 4 vessel of more than 15 gross tonnage that is a passenger-carrying vessel and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the first anniversary of the day on which the vessel’s first safety certificate issued under the Vessel Safety Certificates Regulations is renewed for the first time after the day on which these Regulations come into force.

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  Marginal note:Part 4 — non passenger-carrying vessels of more than 15 gross tonnage

  (2) Sections 402 to 407 do not apply in respect of a Class 4 vessel of more than 15 gross tonnage that is not a passenger-carrying vessel and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the first anniversary of the day of issuance of the vessel’s first safety certificate issued under the Vessel Safety Certificates Regulations after the second anniversary of the day on which these Regulations come into force.

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  Marginal note:Part 4 — certain passenger-carrying vessels of 15 gross tonnage or less

  (3) Sections 402 to 407 do not apply in respect of a Class 4 vessel of 15 gross tonnage or less that is a passenger-carrying vessel that carries more than 12 passengers and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the first anniversary of the day on which the vessel’s first safety certificate issued under the Vessel Safety Certificates Regulations is renewed for the first time after the day on which these Regulations come into force.

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  Marginal note:Part 4 — other passenger-carrying vessels and towboats of 15 gross tonnage or less

  (4) Sections 402 to 407 do not apply in respect of a Class 4 vessel of 15 gross tonnage or less that is a towboat or carries 12 passengers or less and that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until:

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    (a) in the case of a vessel with a length of more than 7 m, the first anniversary of the day of issuance of the certificate of registry issued under the Vessel Registration and Tonnage Regulations after the first anniversary of the day on which these Regulations come into force; and

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    (b) in the case of a vessel with a length of 7 m or less, the first anniversary of the day of issuance of the certificate of registry issued under the Vessel Registration and Tonnage Regulations after the second anniversary of the day on which these Regulations come into force.

Marginal note:Part 5 — other vessels of 15 gross tonnage or less

605 Subsection 500(2) and sections 501 and 502 do not apply in respect of a Class 5 vessel that was registered or listed under Part 2 of the Canada Shipping Act, 2001 on the day on which these Regulations come into force until the third anniversary of the day on which these Regulations come into force.

606 [Amendments]

607 The Safety Management RegulationsFootnote ² are repealed.

• Return to footnote ²SOR/98-348