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

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

  • The following provision is not in force.

    (a) the Class 2 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 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

  • The following provision is not in force.

    (a) the Class 2 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 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

  • 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.

  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.