MSMSR: All you need to know about the new TC requirements for Canadian Vessels

With significant changes on the horizon for the Canadian shipping industry, we ought to stay apprised. Today, let's dig deep into what will soon be necessitated, the process, and the time window provided for the same.

In precise terms, the Transportation Safety Board (TSB) has, since 2004, been urging Transport Canada (TC) to bring all non-SOLAS (Safety of Life at Sea) vessels into compliance, with modern safety standards in place. The time for the same has arrived and soon, new regulations will require over 16,000 vessels to implement a robust Safety Management System (SMS).

So, here’s a low-down of everything you need to know about the upcoming marine safety management system regulations (MSMSR) and what they mean for vessel operators:

The push for safety: A decade-long effort

The debate has been going on for almost a decade to determine the fate of all of the Canadian fleet, especially regarding their safety concerns. And the constant question has revolved, time and again, around the need for comprehensive safety measures across all Canadian vessels, not just those covered by the SOLAS Convention.

Their advocacy has thrown light on a host of gaps in safety management and the need for a standardized approach to mitigate risks and improve safety outcomes. While, in the beginning, the Titanic disaster compelled the first SOLAS international treaty to be formed, the need to have an ever evolving SMS, adhering to modern standards, must always be binding.

What kind of vessels must abide by the new regulations?

The regulations will mandate that all non-SOLAS vessels—covering a vast range of commercial and non-commercial vessels operating in Canadian waters—adopt a SMS. These vessels have been divided into five classes, as follows:

Class 1: SOLAS vessels, including those with gross tonnage of 500 or more, engaged on international voyages, fall under this class. It also engulfs passenger vessels ferrying more than 12 passengers. Overall, approximately 100 vessels fall under this class.

Class 2: This class encapsulates Canadian passenger and non-passenger vessels of 500 gross tonnage or more and those not covered by Class 1. It also includes vessels 24 metres in length or more that are certified to carry 50 passengers or more. Approximately 463 vessels fall under Class 2.

Class 3: This incorporates Canadian passenger and non-passenger vessels of less than 500 gross tonnage, which are 24 metres in length or more and are not covered under Classes 1 and 2. Herein, passenger vessels should be those certified to carry less than 50 passengers, which are 24 metres in length or more. Overall, approximately 373 vessels fall under this class.

Class 4A: This class comprises Canadian passenger vessels certified to carry one passenger or more and non-passenger vessels greater than 15 gross tonnage, and which are not covered under classes 1 to 3. Approximately 1,339 vessels fall under this class.

Class 4B: The class incorporates Canadian passenger vessels certified to carry one passenger or more, and towboats up to 15 gross tonnage, which are not covered under classes 1 to 3. Approximately 5,944 vessels fall under this class.

Class 5: This class includes Canadian non-passenger vessels up to 15 gross tonnage that are not covered under Classes 1 to 4. Approximately 7,928 vessels fall under this class.

Time frame to introduce an SMS onboard

"The proposed regulations would introduce transition periods for coming into compliance with the new SMS requirements, based on the vessel type and operation."

"Vessels under Class 1 are already required to comply with the ISM code, therefore there will be no transition period for such vessels. However, vessels that fall under classes 2-5 will be given varying transition periods, up to a maximum of three years post the coming-into-force date."

Source: https://canadagazette.gc.ca/rp-pr/p1/2022/2022-06-25/html/reg1-eng.html

This will be covered in three phases:
Initial Compliance Deadline: Operators will need to have their SMS in place by the specified deadline.
Transition Period: A transition period will be provided for vessels to align with the new requirements.
Full Implementation: Full compliance with the new regulations will be expected by the end of the transition period.

What do the new regulations entail?

With the forthcoming regulations, all classes will be required to develop an SMS to cater to the specific operation, operate the vessel as per a documented SMS, maintain its documentation, and evaluate the effectiveness of the SMS.

The SMS must include a clear policy demonstrating the vessel’s commitment to safety and environmental protection. At the same time, operators must establish processes to identify, assess, and manage potential risks effectively, while maintaining a detailed documentation of their SMS, including a safety management manual and varied records.

To ensure effective SMS implementation, operators will need to provide trainings for crew members to maintain and enhance their competence, regularly assess the competence of all personnel involved in safety management, and conduct regular drills and audits to ensure the system’s ongoing effectiveness and compliance.

Who will implement the SMS?

The responsibility of following and maintaining a well-documented SMS will rest with the vessel's ship manager. The manager or the authorized representative (AR) will be selected by the vessel owner.

"The ship manager of a vessel would develop, implement and maintain a safety management system that addresses the shore-based and on-board operations of the vessel."

Whereas,

"Ship managers/ARs of vessels in Classes 1 to 3 would need to adhere to specific requirements of the International Safety Management (ISM) Code, while those in Classes 4 and 5 would need to follow Canadian requirements based on the ISM Code."

P.S. Approximately, a total of 6,137 ships managers/ARs own the 16,143 in-scope vessels in the Canadian fleet.

Finally, in order to streamline the transition, TC and the TSB will provide numerous resources for assistance, for instance, guidance documents with detailed instructions, training workshops, and various online tools.

How you can stand prepared for the upcoming mandate

"It is expected that 5,702 small businesses would incur costs, which are estimated to be about $53.19 million in total."

-Transport Canada

As the Canadian shipping industry prepares for these regulatory changes, to engender a safer and more secure maritime environment, vessel operators must take proactive steps to implement an effective SMS. And you're in luck if you're looking for an economical, well-maintained, and effective marine safety management system.

For Albatross Marine's Oceanaut presents itself as the quintessential solution to this regulatory requirement! Through a spectrum of cutting-edge technology and maritime expertise, the vessel management software offers cost-effective comprehensive solutions for regulatory compliance, voyage reporting, crew competence and safety, fleet management, and more!

For details regarding the MSMSR, refer to this source.
To know more about Oceanaut, check out https://albatrossmarine.ca/.