Marine Safety Management System Regulations (SOR/2024-133)
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Regulations are current to 2024-06-19
Marine Safety Management System Regulations
SOR/2024-133
Registration 2024-06-17
Marine Safety Management System Regulations
P.C. 2024-711 2024-06-17
Her Excellency the Governor General in Council, on the recommendation of the Minister of Transport, makes the annexed Marine Safety Management System Regulations under paragraphs 35(1)(b), (d)Footnote a and (e)Footnote b, 35.1(1)(d) to (i)Footnote c and (k)Footnote c, 120(1)(d) to (g)Footnote d, (i), (k) and (m), 150(1)(a), 190(1)(b) and 244(f)Footnote e to (h)Footnote f of the Canada Shipping Act, 2001Footnote g.
Return to footnote aS.C. 2023, c. 26, s. 360
Return to footnote bS.C. 2019, c. 1, s. 141
Return to footnote cS.C. 2018, c. 27, s. 692
Return to footnote dS.C. 2018, c. 27, s. 694
Return to footnote eS.C. 2014, c. 29, s. 75(1)
Return to footnote fS.C. 2018, c. 27, s. 709
Return to footnote gS.C. 2001, c. 26
Interpretation
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.
Purpose
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.
General
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
- The following provision is not in force.
(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
- The following provision is not in force.
(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
- The following provision is not in force.
(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
- The following provision is not in force.
(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.
[
PART 1Class 1 Vessels
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
- The following provision is not in force.
(a) the Document of Compliance or Interim 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 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
- The following provision is not in force.
(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
- The following provision is not in force.
(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;
- The following provision is not in force.
(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
- The following provision is not in force.
(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
- The following provision is not in force.
(b) produced on the request of the Minister.
- Date modified: