Coming into force of the Marine Safety Management System Regulations (SOR/2024-133) - SSB No.: 20/2024

Purpose

This bulletin outlines the new Marine Safety Management System Regulations (the Regulations), which were published in the Canada Gazette, Part II and entered into force on July 3, 2024.

A guide on how to comply with the requirements of the Regulations was also published on July 3, 2024, TP15566 - Guide for Canadian Vessels' Operators for Compliance with the Marine Safety Management System Regulations.

Scope

The Regulations apply to:

1. class 1, 2, 3, 4, and 5 vessels and their shore-based and onboard operations, as described in section 1.1 of the Regulations, and section 1.3 of TP15566; and
2. foreign vessels to which Chapter IX of the International Convention for the Safety of Life at Sea (SOLAS) applies, that are operating in Canadian waters.

The Regulations do not apply to:

1. vessels subject to the Fishing Vessel Safety Regulations;
2. vessels that do not have mechanical means of propulsion and do not carry persons, dangerous chemicals in bulk or oil in bulk on board;
3. human-powered vessels;
4. vessels subject to the Special-purpose Vessels Regulations; or
5. pleasure craft.

Background

The Regulations replace the previous Safety Management Regulations (SOR/98-348).

The Regulations expand safety management system requirements to apply to most Canadian vessels. The certification and oversight processes for vessels depend on their class, taking into consideration their size and type of operation.

Canadian vessels on international voyages and foreign vessels operating in Canadian waters, subject to Chapter IX of SOLAS, continue to be required to develop a safety management system in compliance with the requirements of the International Safety Management Code.

What you need to know

• The Regulations repeal and replace the Safety Management Regulations (SOR/98-348).
• The Regulations expand safety management system requirements to most Canadian vessels (approximately 16,000).
• The Authorized Representative of a Canadian vessel must identify a Ship Manager responsible for developing and implementing a safety management system for their vessel.
• Canadian vessels subject to the Regulations are grouped into 5 Classes, with different compliance requirements based on their size and type of operation.
• There are phase-in periods for when the different classes/types of vessels must comply with the Regulations. Additional details on the phase-in process can be found in TP15566.
• Ship Managers of Class 1 vessels must continue to maintain their Safety Management Certifications in accordance with the International Safety Management Code.
• Vessels of Class 2, 3 and 4 are required to obtain certification according to the phase-in provisions stated in the Regulations.
• Delegated vessels will obtain their certification from their designated Recognized Organization.
• Non-delegated vessels will obtain their certification from Transport Canada.

Keywords:

1. Ship Manager
2. International Safety Management (ISM) CodeArctic waters
3. Guide for Canadian Vessels' Operators for Compliance with the Marine Safety Management System Regulations (TP 15566)

Questions concerning this Bulletin should be addressed to:

Contact us at: Email: marinesafety-securitemaritime@tc.gc.ca or Telephone: 1-855-859-3123 (Toll Free).