On this page
- Policy objective
- Policy statement
- Scope
- Authority
- Responsibility
- Related documents
- Background
- Definitions
- Date of application
- Date for review or expiry
- RDIMS Reference
- Keywords
1 Policy objective
1.1 This policy establishes the process for the authorization of a “person or an organization” (Third Party) to perform statutory functions and services identified in a respective agreement, on behalf of the Minister of Transport.
1.2 In addition, the purpose of this policy is to establish a standardized approach to the planning, the execution, and the oversight, including the reporting on the monitoring of Third Parties authorized to perform functions on behalf of the Minister of Transport.
1.3 In this policy, “vessel related activities” refers to:
- inspections and certification of vessel;
- construction of vessel;
- approval of construction and design plans .
- approval or testing of vessel’s equipment;
- approval or authorization of “Service Providers”, “Product Certification Body” or “Testing Laboratory”.
2 Policy statement
2.1 The Minister of Transport may authorize a Third Party to perform vessel related activities with regard to regulations made under section 120 of the Canada Shipping Act, 2001 (CSA 2001), or policies approved by the Marine Safety and Security Executive Committee (MSSE).
2.2 The Minister of Transport provides authorization to organizations that are either:
2.2.1 Compliant with the Code for Recognized Organizations (RO-Code), adopted by the International Maritime Organization (IMO), on January 1 2015, as specified in Resolutions MSC.349(92) and Resolution MEPC.237(65);
Note 1. When these organizations receive authorization they are known as “Recognized Organization” (RO).
2.2.2 Accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Accreditation Forum Multilateral Recognition Arrangement (MLA), to give third-party written assurance that a product meets the specified requirements for the product, including initial certification and maintenance of that certification.
Note 2. When these organizations receive authorization they are known as “Product Certification Body”.
2.2.3 Accredited by the Standards Council of Canada, or by any other national accreditation organization that is a member of the International Laboratory Accreditation Cooperation, to produce accurate results for the specific tests or calibrations.
Note 3. When these organizations receive authorization they are known as “Testing Laboratory”.
2.3 Transport Canada Marine Safety and Security (TCMSS) conducts performance evaluations, including monitoring of Third Parties that carry out vessel related activities on behalf of the Minister of Transport.
2.4 Results of performance reviews are used to assist TCMS in assessing third party performance, the condition of vessels enrolled in DSIP, as well as the overall performance of the program.
3 Scope
This policy applies to Third Parties that have, or consider to, entered into agreements or arrangements to perform vessel related activities on behalf of the Minister of Transport.
4 Authority
This policy is authorized by the MSSE and is in accordance with the intent of the Canada Shipping Act, 2001.
5 Responsibility
5.1 The Director General, Marine Safety and Security, is accountable for the implementation and continuous improvement of this policy.
5.2 The Executive Director, Domestic Vessel Regulatory Oversight, is the functional authority for the development, implementation, maintenance and continuous improvement of this policy.
5.3 Comments or queries related to this policy and its application should be addressed to:
Manager, National Marine Safety Program
Safety Management Systems (SMS) and Authorizations (AMSDA)
330 Sparks Street
dsip-pdio@tc.gc.ca
6 Related documents
6.1 Tier I – Policy - Authorization and Agreement Governing the Delegation of Statutory Functions for Vessels Registered in Canada (RDIMS 9923067).
6.2 Tier I – Policy - Authorized Service Providers for Lifesaving Appliances (RDIMS 15860047).
6.3 Tier II Procedure - Authorization of New Recognized Organizations (RDIMS 8229072).
6.4 Tier II Procedure - Procedure for Newly Recognized Organizations with Temporary Conditions (RDIMS 10746051).
6.5 Tier II Procedure - Oversight of Third Parties performing Vessel Related Activities on Behalf of the Minister (RDIMS 7372814).
6.6 Tier III Work Instructions – Planning and Conducting Performance Evaluations of Authorized Third Parties (RDIMS 7380659).
7 Background
7.1 The CSA 2001 came into force on July 1, 2007. Paragraph 10(1)(c) provides the authority to the Minister of Transport to enter into agreements with Third Parties, and subsection 12(1) provides the authority to the Minister of Transport to authorize Third Parties to issue CMDs and carry out inspections.
7.2 The Minister of Transport maintains their responsibility regarding the administration of Canadian Maritime Documents (CMD), decisions regarding exemptions or to replace any other requirements made under the provision of CSA 2001.
7.3 Third Parties wishing to obtain the authorization to perform statutory functions, on behalf of the Minister of Transport, under the provision of the CSA 2001 or its regulations, must enter into agreements or arrangements, with the Minister of Transport, to be authorized to administrate or enforce any provision of the CSA 2001 or its regulations.
7.4 In January 2014, TCMSS approved a policy requiring Authorized Representatives of existing vessel of 24 meters in length, and above, to obtain their CMD from a RO.
7.5 Since 2014, the Minister of Transport has entered into agreements with 7 different Recognized Organizations.
7.6 The Authorization and Agreement Governing the Delegation of Statutory Functions for Vessels Registered in Canada includes oversight activities that comprise of audits of RO offices, observation of RO activities, and the conduct of vessel compliance monitoring inspections by TCMSS.
7.7 The RO-Code provides guidance and highlight that an oversight programme should be established to ensure the adequacy of statutory certification and services provided by ROs.
8 Definitions
8.1 Authorized Representative (AR), the person meeting the requirements of Section 14 of the Canada Shipping Act, 2001. In the case of a vessel under construction, or being imported into Canada, the AR is the person intending to operate the vessel once it is registered.
8.2 Recognized Organization (RO) is a classification society that has been delegated authority by the Minister to perform inspections or issue certificates on behalf of the Minister and under the authority of formal legal agreements.
8.3 Third Parties, a person, classification society or another organization authorize to perform statutory functions, on behalf of the Minister of Transport.
9 Date of application
9.1 The original version of this policy was approved by MSSE on June 1, 2013.
9.2 The Marine Safety and Security Executive authorized the current review of this policy on July 1, 2021.
10 Date for review or expiry
This policy will be reviewed no later than three years from the date of its last revision.
11 RDIMS Reference
11.1 The English version of this document is saved in RDIMS under reference number 7382109.
11.2 La version française du présent document est dans le SGDDI et porte le numéro de référence 7640410.
12 Keywords
- Authorization
- Delegation
- Classification Society
- Recognized Organization
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