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

[408 to 499 reserved]

PART 5Class 5 Vessels

Marginal note:Safety management system

• 500 (1) The ship manager of a Class 5 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 the continuous improvement of the safety management system.

• 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.

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

  (3) The instructions and procedures required under paragraph (1)(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 (1)(e)

  (4) The procedures required under paragraph (1)(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:Documents on board — master

• 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.

• 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

• 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

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

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

[503 to 599 reserved]

PART 6Transitional Provisions, Consequential Amendment, Repeal and Coming into Force

Transitional Provisions

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

• 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.

• 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

• 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.

• 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

• 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.

• 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.

• 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.

• 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:

  • (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

  • (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.

Consequential Amendment to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations

606 [Amendments]

Repeal

607 The Safety Management RegulationsFootnote ² are repealed.

• Return to footnote ²SOR/98-348

Coming into Force

Marginal note:Publication

608 These Regulations come into force on the day on which they are published in the Canada Gazette, Part II.