Tier I - Policy – Certification and verification of compliance of vessels subject to the Marine Safety Management System Regulations

1 Policy objective

1.1 This policy sets out the requirements for the certification and verification of compliance for Canadian vessels subject to the Marine Safety Management System Regulations (MSMSR), made under the Canada Shipping Act, 2001(CSA 2001).

1.2 Furthermore, this policy sets out a national standardized approach for processing the certification and the verification of compliance and enforcement of regulatory requirements made under the MSMSR.

2 Policy statement

2.1 Authorized Representatives of Canadian vessels registered under their authority, must identify a Ship Manager responsible for the shore-based and on-board operations of a vessel subject to the MSMSR by submitting the Form: “Identification of a Ship Manager in accordance with the requirements of the MSMSR” (Form# 85-0547C).

2.2 A determination on the approval of a documented safety management system addressing the shore-based and on-board operations of a vessel subject to the MSMSR, is made in accordance with the Tier II Procedure “Certification of Canadian Vessels under the Marine Safety Management System Regulations”.

2.3 A decision on the activities required for the verification of compliance of a Safety Management System (SMS) of vessels subject to the MSMSR, is made in accordance with the Tier II Procedure “Verification of Compliance under the Marine Safety Management System Regulations”.

2.4 The period of validity for a Canadian Maritime Document (CMD) issued under the MSMSR is set to a maximum period of 5 years in accordance with subsection 17(1) of the CSA 2001.

2.5 The frequency for the endorsement of a CMD issued under the MSMSR to obtain an endorsement is set according to the following table:

Class	Type of CMD	new CMD	renewed CMD
1	All CMDs	In accordance with the requirement of the ISM Code
2	CDOC	At 12-, 24-, 36- & 48-month anniversary	Once between 24- & 36-month anniversary
2	CSMC	Once between 24- & 36-month anniversary	None
3	CDOC	Once between 24- & 36-month anniversary	Once between 24- & 36-month anniversary
3	CSMC	None	None
4	CDOC	None	None
4	CSMC	None	None

2.6 Furthermore, the certification process used for issuing a CSMC must be harmonized in time and period of validity with the certification process used for a CMD issued under the Vessel Safety Certificate Regulations.

2.7 Additionally, take into consideration the “Multimodal Safety and Security Culture Policy Framework” and the “Safety and Security Culture Guidance & Toolkit” documents to recognize that “Safety Culture” is a fundamental element, integral to the successful development and implementation of a strong safety management system within the transportation industry in the marine sector.

3 Scope

3.1 This policy applies to shore-based and on-board vessel operations subject to the MSMSR including the supervision and maintenance activities required during drydocking, short or long lay-up, winterization, or reactivation of these vessels.

4 Authority

4.1 This policy is developed under the authority of the Marine Safety and Security Executive (MSSE) Committee.

4.2 This Policy is in accordance with the authority provided under the Canada Shipping Act, 2001 (CSA 2001) and the requirements of the MSMSR.

4.2.1 Paragraph 16(2)(a) of the CSA 2001 give the authority to require that an applicant provide evidence, including declarations, that the Minister considers necessary to establish that the requirements for the issuance of the CMD have been met.

4.2.2 Paragraph 16(2)(c) of the CSA 2001, give the authority to require that a vessel undergo any inspection that the Minister considers necessary to establish that the requirements for the issuance of a CMD have been met.

4.2.3 Subsection 17(1) of the CSA 2001, give the authority to specify the period of validity of a CMD.

4.2.4 Subsection 211 (1) of the CSA 2001, give the authority to carry out any inspection for the purpose of ensuring compliance with a relevant provision of the MSMSR

5 Responsibility & further information

5.1 The Executive Director, Domestic Vessel Regulatory Oversight is responsible for the development, implementation, maintenance, and continuous improvement of this policy.

5.2 Regional Directors, Marine Safety and Security, are responsible for the implementation of this national procedure in their respective regions.

5.3 TCMSS’s personnel and surveyors from Recognized Organizations, engaged in the certification functions under the MSMSR, are responsible to act in accordance with this national policy.

5.4 Comments or queries related to this national policy and its application should be addressed to:

Manager, National Marine Safety Program
Safety Management Systems and Authorizations
330 Sparks Street
Ottawa (Ontario) K1A 0N8
MarineSMR-RGSMaritime@tc.gc.ca

7 Background

7.1 The CSA 2001 and its regulations establish a legal framework that promotes safety, while also protecting both the marine environment and the health and well-being of individuals who participate in marine transportation and commerce.

7.2 The MSMSR aim to expand formal requirements to establish a Safety Management System (SMS) for the shore-based and on-board operation of most Canadian vessels.

7.3 Certification, and verification of an implemented SMS for the shore-based and on-board operations is required for certain classes of vessels. Specific requirements vary depending on the vessel’s classification under the MSMSR.

7.4 To bring national consistency in the certification and verification functions, required under the MSMSR, the MSSE Committee has determined the process to be used for these activities and their frequencies.

8 Definitions

8.1 Ship Manager, as per the MSMSR, means a qualified person who is responsible for managing the shore-based and on-board operations of a Canadian vessel.

8.2 Qualified Person, as per the CSA 2001, means:

(a) a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act; or

(b) a corporation incorporated under the laws of Canada or a province.

9 Date of application

9.1 The MSSE Committee authorized the original version of this policy on February 6, 2024.

9.2 This policy came into force on April 15, 2024.

10 Date for review or expiry

10.1 This policy will be reviewed no later than three years after its date of application or the date of its last revision.

11 RDIMS reference

11.1 The English version of this document is saved in RDIMS under reference number 19987572. The applied naming convention is (Publication – TP 13585 – Policy – “Certification and verification of compliance of vessels subject to the Marine Safety Management System Regulations”.

11.2 The French version of this document is saved in RDIMS under reference number 19988480. The applied naming convention is (Publication – TP 13585 – Politique – “ Certification et inspection de conformité des bâtiments en vertu du Règlement sur le système de gestion de la sécurité maritime”.

12 Keywords

Marine Safety Management System Regulations
Safety Management System
Document of Compliance
Safety Management Certificate
Canadian Document of Compliance
Canadian Safety Management Certificate

Tier I – Policy – Certification and verification of compliance of vessels subject to the Marine Safety Management System Regulations
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