Canada - Specific requirements by the Canadian Administration

Flag instructions relating to statutory surveys

Flag procedural requirements

General policy

Agreement’s reference

A revised Agreement was signed for the delegation of statutory functions for vessels registered in Canada between the Minister of Transport and Recognised Organisation (RO) Marine & Offshore SAS. It enters into force on the 1^st January 2017.

The Agreement authorizes Recognised Organisation (RO) to perform certain statutory functions on behalf of the Minister within and outside of the Delegated Statutory Inspection Program (DSIP).

The first purpose of the Agreement is, with respect to Canadian vessels which are classed by Recognised Organisation (RO) or non classed and enrolled in the Delegated Statutory Inspection Program (DSIP) to authorize Recognised Organisation (RO) as detailed in the Agreement and its Schedule A and B.

The second purpose of the Agreement is, with respect to any Canadian vessel, to authorize Recognised Organisation (RO) as detailed in the Agreement and its Schedule A and B. (Any Canadian vessel is any Canadian flagged vessel that is in DSIP or not in DSIP whether it is classed or not classed.)

Recognised Organisation (RO) may, on behalf of the Minister, issue the specified CMDs (Canadian Maritime Documents) referred to in the Schedule to this Agreement and perform other functions in accordance with the Agreement and with the Certificate of Authorization conditions (refer to Agreement governing the delegation of statutory certification functions).

Delegated functions: Pursuant to section 12 of the CSA 2001, the Minister authorizes Recognised Organisation (RO) to issue to ships enrolled in DSIP all the CMDs and other documents referred to in Schedule A to the Agreement and to carry out initial, periodic, intermediate, interim, renewal or other inspections, audits or approvals in relation to them using all the powers under subsection 211(4).

(Email from Transport Canada dated 18^th March 2011)

Important note: “It remains that the society may refuse to class a vessel or perform certain functions and issue certain certificates under this Agreement for non-classed vessels. The amendments to the Agreement were simply intended to provide the society the flexibility to perform the abovementioned functions. Furthermore, the society may issue only certain documents in Schedule A to vessels that are not in DSIP. These documents are marked with an asterisk in Schedule A. The society may issue all approvals in Schedule B to vessels in DSIP or not in DSIP.”

Communication and liaison

Recognised Organisation (RO) Quebec is the designated contact point between Recognised Organisation (RO) and Transport Canada. All correspondence should be done through Recognised Organisation (RO) Quebec.

Addresses of TC Quebec and TC Vancouver are indicated in “Flag Recognition” database.

Information

Recognised Organisation (RO) shall keep copies of all documents it issues or approves on behalf of the Minister for the longer of ten years or a period of time consistent with its quality assurance program.

Particulars of any certificate or endorsement issued pursuant to this Agreement shall be submitted to Transport Canada in an electronic form by Recognised Organisation (RO) Quebec.

Supervision

DO-FM shall provide written results of verification audits pursuant to paragraph 3.10 of the Agreement. Recognised Organisation (RO) shall also provide evidence of certification of its QMS by an independent body of quality assurance auditors and shall upon request by the Minister, furnish copies of any internal or Accredited Certification Body (ACB) quality audit reports.

Survey and issuance of certificates

1. Survey guidelines

   The surveyor shall not issue or extend a certificate for a vessel until it has determined that the requirements of the Safe Manning Certificate are being complied with. In cases where there is non-compliance, further instruction shall be requested from the Flag Administration.

2. Issuance of certificate

   If the Recognised Organisation (RO) attending Surveyor does not issue or refuses to renew a certificate because a requirement of the regulations has not been met:

   1. Recognised Organisation (RO) attending surveyor delivers a report to Transport Canada (through Recognised Organisation (RO) Quebec)

   2. Recognised Organisation (RO) attending surveyor notifies the master in writting before leaving the ship

   Where the provisions of an International Convention impose additional requirements over and above those of the CSA 2001 and regulations, Recognised Organisation (RO) attending surveyor may annotate the certificate indicating compliance with the additional requirement(s).

Interpretation, exemption and limitation

The IACS interpretation shall be applied unless otherwise instructed by the Administration.

The interpretation of the Minister on any technical aspect of an inspection or audit shall be final.

Interpretation

TCMS is the authority for interpretation of the Canada Shipping Act 2001, Regulations, Standards, TCMS Interpretations and International Codes and Conventions.

In case of a delegated vessel, Recognised Organisation (RO) is mandated to provide the interpretation of the Canadian regulations to the owner.

Recognised Organisation (RO) shall forward the request for interpretation to the Administration.

For further information, refer to the chapter 9 of the DSIP work instructions, which are displayed in Tier III - Work Instructions.

Equivalence & exemption

Recognised Organisation (RO) has no authority to allow any exemption from or equivalency to any requirement regarding the certificates listed in the Schedule to the Agreement. Such exemptions or equivalencies can only be granted by the Marine Technical Review Board (MTRB) upon proper application.

The owner shall make a written request to Recognised Organisation (RO) (CD Vancouver or Quebec) stating which equivalency/exemption is required together with the reasons for requesting the equivalency / exemption and shall also provide the supporting documents.

CD shall evaluate the request and support/deny the application based on the regulations in force and shall advise the owners of its decision.

If the application is supported for equivalency / exemption, the application is to be submitted to the MTRB Secretariat at mtrb-betmm@tc.gc.ca for review at the Administration’s Headquarters (Ottawa Office of Transport Canada). Note: CD shall review the application and prepare the request for decision, including its recommendation to grant or deny the application carefully because the process and timeline, of the Administration, is 40 working days from the date “completed application” received. In case the application is not complete, TC (Transport Canada) may have to send the MTRB back to Recognised Organisation (RO) for further justification, which results in additional delays, and which may lead the exemption not being in place prior the required certification date.

According to memo dated 16^th March 2011, such applications to MTRB shall be, from the 31^st of March 2011, duly prepared by the CD and submitted to the Administration, by using the following form (80-0007 (1202-07)).

See the attached file “80-0007_1202-07_BO_X”.

This form can be filled, saved online and can be transmitted with the digital signature.

For the precedents (end of the first page), refer to the attached file “MTRB Precedents”.

For further information, refer to the chapter 8 of the DSIP work instructions, which are displayed in Tier III - Work Instructions.

For further guidance on the correct type of Decisions (MTRB Decisions, Letters of Agreement in Principle, Policy Decisions, Decisions under Section 11 of the “Artic Shipping Pollution Prevention Regulation” ) when preparing an application for an exemption or equivalency that will be coordinated by the MTRB Secretariat, refer to Decisions MTRB Secretariat (as received from email from the Administration dated 11 May 2016).

To search for Decisions on exemptions, replacements or equivalencies of requirements under Marine Safety and Security regulations, refer to Transport Canada website:

http://wwwapps.tc.gc.ca/Saf-Sec-Sur/4/mtrbq-sridb/eng/decisions/

On the “Inspection Certificate”, the box “Active Board Decisions granted to the vessel” is to be filled in with the Decisions number(s).

The surveyor is to verify at periodical surveys:

• that a copy of such Decisions are available on board, and the MTRB decision number is listed on the vessel’s inspection certificate.

• that they are consistent with the applicable ones at time of the survey (refer to above website). If it is not the case, the Inspection Certificate is to be re-issued accordingly.

• that any BSI (Board of Steamship Inspection) decisions issued before 1^st July 2007 (i.e. the decision number is less than 9098) have either been renewed or are no longer required.

For further instruction related to MTRB, please refer to “FlagStateNet 07-2017: Compliance with Conditions given in MTRB” (see FlagStateNets).

Transfer of class between RO

Any time that a vessel enrolled in the DSIP is transferred to another RO:

1. The Ships Authorized Representative must provide full Particulars of the intended change to the Administration.

2. Re-inspection of the vessel by the new RO is required.

3. All statutory certificated issued shall run from the anniversary dates of the previous certificates issued to the vessel.

4. All transfers are to be in accordance with IACS standards.

5. A transfer inspection shall be jointly conducted by the two classification societies involved. Marine Safety may monitor this transfer inspection.

For further information, refer to the chapter 15.1 of the DSIP work instructions, which are displayed in Tier III - Work Instructions.

Ship’s detention

Where a vessel is subject to a detainable deficiency pursuant to the PSC Program, Recognised Organisation (RO) may specify the conditions, measures, and supplementary equipment necessary to allow the vessel to proceed to a place for permanent repairs or rectification.

In addition to endorsement of the certificate, the attending Surveyor shall furnish the vessel with a signed statement indicating those conditions, measures, and equipment and any time limit that applies within which to make the repairs or rectification.

A copy of the statement shall be forwarded to the Minister.

Survey & certification

General

For Recognised Organisation (RO) classed vessels, the validity of Statutory certificates (international or national) can’t exceed the validity of the Classification certificate.

When an Interim certificate has to be issued, the form for the definitive certificate has to be used but with a limited validity

Delegated Statutory Inspection Programme (DSIP)

The Recognised Organisation (RO) representative in Quebec is appointed as DSIP Co-ordinator. He is responsible for overall co-ordination of the delegation within Recognised Organisation (RO) Marine Division and is acting as contact point with Marine Safety (Transports Canada).

The Administration shall be in copy of all correspondance pertaining to inspections of Canadian registered vessels (as per memo dated 20/10/2008) at the following generic e-mail address: DSIP-PDIO@tc.gc.ca

The current version of DSIP is displayed as Delegated Statutory Inspection Programme.

The DSIP Application form is available on the TC website: http://wwwapps.tc.gc.ca/corp-serv-gen/5/forms-formulaires/search

Deficiencies

(DSIP Work Instructions - §11.5 and Annex A)

Recognised Organisation (RO) will notify TCMSS immediately as it becomes aware of any deficiency or other safety-related issues.

In case of a deficiency, Recognised Organisation (RO) shall provide support to the ship in correcting the noted deficiencies and act on behalf of TCMSS to confirm compliance.

Where inspection by Recognised Organisation (RO) is required to close out or complete a noted deficiency, Recognised Organisation (RO) must report this completed inspection to the ship and TCMSS.

Extension of deficiency

A notice of deficiency may lead to enforcement action by TCMSS, therefore Recognised Organisation (RO) must consult with TCMSS first before granting an extension.

Refer to Administration letter #19911414 dated 23/11/2023 (attached file): “tacit agreement” is not an acceptable process to obtain the agreement of TCMSS representative. Prior to issuing or extending a Canadian Maritime Document (CMD), when statutory deficiency or non-conformity is noted, Recognised Organisation (RO) must obtain a written agreement from a TCMSS representative, indicating the deficiency or nonconformity reviewed and confirming the action to be taken by the Recognised Organisation (RO).

Deficiencies during TCMSS monitoring inspections

Guidance on how to handle/record deficiencies raised on DSIP vessel during TCMSS monitoring inspections:Scenario 1: either TC or Master/AR notifies Recognised Organisation (RO) of TC issued deficiencies which need to be rectified immediately – or – Master/AR notifies Recognised Organisation (RO) of TC issued deficiencies during a survey after the TC intervention, and the items have been rectified already:

1. attend vessel and report through ASMS2 with an occasional survey relevant to the type of deficiency(ies),

2. create a recommendation for each deficiency with the same due date as given by TC. If it was a “prior to departure” use the date when the deficiency was finally rectified,

3. select the recommendation as “dealt with” in the same report. This allows the deficiency to be captured in Recognised Organisation (RO) system and be in the ship’s history for TC to verify.

Scenario 2: TC notifies Recognised Organisation (RO) of TC issued deficiencies where time has been given to rectify and Recognised Organisation (RO) immediate attendance is not required:

1. request an admin job from MOC to add the deficiency as a recommendation with a due date the same as that given by TC,

2. create a recommendation for each deficiency with the same due date as given by TC.

Scenario 3: Master/AR notifies Recognised Organisation (RO) of TC issued deficiencies during a survey after the TC intervention, where time has been given to rectify and the items are not yet rectified:

1. attend vessel and report through ASMS2 with an occasional survey relevant to the type of deficiency(ies),

2. create a recommendation for each deficiency with the same due date as given by TC.

In all cases the wording of the recommendation should be the same (or as close to the same as possible) as that used by the TC inspector. Please also include the regulatory reference used by the inspector and also a remark that it is a TC issued deficiency. For example: Escape hatch from machinery space not coloured orange as required by VFSR 147(2). (TC monitoring inspection deficiency) – or – (TC handover inspection deficiency)

In any scenario, a good communication with your local TC office is important. TC office should notify Recognised Organisation (RO) as soon as any deficiencies are raised and Recognised Organisation (RO) should communicate with TC office as soon as items are rectified or coordinate if any extension/dispensation is needed.Please also refer to the DSIP Work Instructions, Section 11 for more details (attached files).

Review of Drawings and Documents

For new construction and flag transfer under Canada flag, refer to TNC_1118 Canada

Type approval

Recognised Organisation (RO) may approve products, items, or equipment requiring type approval, approval or certification by the Minister for use or installation aboard a Canadian vessel where approval criteria specified by the Minister are met.

Where Recognised Organisation (RO) issues it own type approval for a particular product, item, or equipment, Recognised Organisation (RO)’s approval and certificates issued by it may be used instead of the Minister’s if Recognised Organisation (RO) has been granted approval authority for the product, item, or equipment under the above clause

Procedures for approval of life-saving appliances and fire-safety systems, equipment and products are in the attached file “TP14612E”.

(Email from the Administration dated 21/05/2013)

The Administration does not impose mutual recognition as it applies to class rules and type approval of material and equipment under these rules for the purpose of classification.

However, the Administration considers that statutory approval granted by an RO is equivalent to being approved by the Administration (i.e. the Minister of Transport).

Accordingly, any statutory approval granted by an RO, or another organisation, made under an agreement with Transport Canada is acceptable on any Canadian vessel.

Issuance of vessel inspection certificates

Refer to attached file: “TP13585” (Rev 11/2019)

The objective of this policy is to provide guidance to Marine Safety Inspectors and to ROs as to the process for issuing inspection-related Canadian maritime documents, including their periodicity. This revision, is due to coming into force of the Vessel Fire Safety Regulations (VSFR) (SOR/2017-14), which came into force on, February 3rd, 2017. Fire Detection and Extinguishing Equipment Regulations CRC c1422 has been removed as now all vessels are to comply with the VFSR (under standard and alternative regime).

FlagStateNet 05-2019 in attached file “FlagStateNet 05-2019 “ New forms of Inspection Certificates are being implemented in Certificate Editor and ASMS2 (sub-type added and limitations on use updated).

Validity of Inspection certificates

- Certificate of inspection for passenger vessels may have a validity of 1 year, from the completion date of the renewal survey and not based on an anniversary date.

- Certificate of inspection for non-passenger vessels may have a validity of 5 years, harmonized with other certificates.

Vessel which does not meet the Safe Manning Requirements

Refer to the FLAGSTATE.NET #01/2021 (in attached file “FlagStateNet_01-2021.pdf”) , regarding the Issuance of vessel’s inspection certificates and following actions to be taken by the Recognised Organisation (RO) Surveyor, when a vessel does not meet the Safe Manning Requirements.

Copy of certificates

(FlagStateNet 04-2023, see FlagStateNets)

As of June 1st, 2023, Recognised Organisation (RO) is no longer required to send an electronic copy of each Canadian Maritime Document (CMD) issued to a delegated vessel, as long as the CMD is available online, in Recognised Organisation (RO) computer-based reporting system.

However, the Administration may still request copies of the certificates to be sent on a case-by-case basis.

For CMDs that are not available from Recognised Organisation (RO) computer based reporting system online, you are required to forward an electronic copy of each document to the applicable email address given in FlagStateNet 04-2023.

Importing and building new vessels under the Canadian Flag

Refer to the attached files “TP15211 - Dec2017” and “TP13585_TIER_II_-_PROCEDURE_-_ENROLMENT_IN_THE_DELEGATED_STATUTORY_INSPECTION”.

For new constructions, the Project Description requirements are detailed in §7.6.2 of TP13585 - Tier II - Procedure - Enrolment in the Delegated Statutory Inspection Program (DSIP).

For existing ships changing flag to Canada, the Project Description requirements are detailed in §7.7 and §7.8 of TP13585 - Tier II - Procedure - Enrolment in the Delegated Statutory Inspection Program (DSIP).

A template for the TCMSS Project Description Document (PDD) is available in attached files.

Procedure for the Delegation of Statutory Inspections of non convention vessels (classed and non classed)

See the attached files:

• “Procedure for the Delegation of Statutory Inspections of vessels not convention and not Classed rev11_2023.docx” which includes a specific section in §4.9 on the training of surveyors involved in the certification of Canadian vessels and its enclosure “Change of RO within DSIP.doc”

• “RequestForInterventionNonClassedVessel-Rev.3”.

Certification Conditions are available in Certificate Editor & ASMS2.

CS lists for Canadian non classed ships (SNC) under DSIP program

Neptune is able to record Continuous survey lists for Canadian non classed ships (SNC) under DSIP program, as per procedure in attached file “CS List Canada User guide v1.2”.

Requirements for the qualification of welding procedures and welders

Transport Canada (TC) requests that Recognised Organisation (RO) fully recognizes the Canadian national system and do not ask any further requalification test for welders already certified by the Canadian Welding Bureau (CWB).

Secondly, regarding prequalified joints, TC Marine Safety and Security (TCMSS) considers that the prequalified joints as specified in the Canadian Standards Association’s (CSA) W59 clause 10 that are made by the CWB certified welders shall be recognized as equivalent to the IACS UR W28.

Thirdly, TCMSS must insist that welding procedures qualified by procedure qualification tests to the requirements of CSA Standard W 47.1/W 59 for steels and CSA Standard W47.2/W59.2 for aluminium shall be recognized as equivalent to the IACS UR and accepted without any further testing.

For further information, refer to the letter from the Administration dated 11/12/2014, in the attached file “TC_QualificationOfWeldingProceduresAndWelders”.

IACS PR 17 report

PR 17 reports issued by Recognised Organisation (RO) are to be submitted to Transport Canada (TC), after their validation by the MO, at dsip-pdio@tc.gc.ca, with copy to MIA_CMI.

Reporting an incident

Incidents involving ship’s damage, inspection and follow-up by Recognised Organisation (RO) require a written report to the regional DSIP Liaison Officer (DSIPLO). Additionally, Recognised Organisation (RO) shall, as soon as possible, send its detailed vessel report from its database (e.g. inspections performed, certificate issue dates, class items of note in electronic format). As well, Recognised Organisation (RO) will provide/relay any and all incident update reports pertaining to the vessel as they come in from the owner/AR and/or class surveyors on scene. Recognised Organisation (RO) submits the report to the DSIPLO or the local Transport Canada Centre, where the vessel is operating in Canadian waters.

The following address shall be used TC.QUEPDIOIncidents-EventsDSIPQUE.TC@tc.gc.ca.

TSB request for Information regarding a marine incident.

Reported Marine occurrences may be investigated by the Transportation Safety Board of Canada (TSB) which is an independent agency established to investigate marine occurrences in Canada, and in certain circumstances, outside Canada.

The TSB works in cooperation with marine organizations when conducting its own investigations and to make recommendations designed to eliminate or reduce any such safety deficiencies.

Should a written request be received from the TSB to provide relevant information regarding a marine occurrence that is being investigated on board a vessel under your delegation , the following actions from Recognised Organisation (RO) are required:

• immediately advise dsip-pdio@tc.gc.ca of the request ; and

• provide the TSB with ALL information requested pertaining to the vessel; and

• provide dsip-pdio@tc.gc.ca with a copy of the same information provided to the TSB.

Electronic certificates

(Administration letter RDIMS # 17500211 dated 30/04/2021)

Recognised Organisation (RO) is authorized to issue electronic certificates for convention and non-convention Canadian vessels in accordance with IMO guidelines FAL 5/Circ.39/Rev 2.

Schedule-A of the authorization letter (in attached file “RDIMS # 17500211 - LETTER_TO_RO.pdf”) contains the list of e-certificates that are authorized to be issued for Canadian vessels (see last column of which indicates if the e-certificate may be issued).

Regulations and instructions

Regulations

The documents and references mentioned within this TNS are all available on the following Canadian websites:

• https://laws-lois.justice.gc.ca/eng/acts/C-10.15/

• http://www.tc.gc.ca/eng/acts-regulations/acts-2001c26.htm

Transport Canada (TC) Documents

All TC documents (Ship Safety Bulletins, Flag State Net, Tier I - Policy, Tier II - Procedure, Tier III - Work Instruction...), may be downloaded using the following website (GCcollab TCMSS - DSIP Community):

https://gccollab.ca/file/group/3794974/all

with the GCcollab credentials:

• Username: [redacted]

• Password: [redacted]

If there any documents that cannot be found, send a request to DSIP at: DSIP-PDIO@tc.gc.ca

LL 66

Hull Construction Regulations

C.R.C., c.1431:

1. Section 22 - Subdivision Load Lines

2. Section 37 - Subdivision Load Lines Certificates

Endorsement of Load Line Exemption Certificate

(Administration email dated 01/12/2021)

The Administration reminds surveyors of the obligation to pay attention to the condition under which the Load Line Exemption Certificate was issued and endorse this one with their Seal, Signature, Place and Date of Survey, when conducting an annual load line survey on Canadian vessels.

SOLAS 74

Cargo Ship Safety Construction Certificate

Hull construction Regulations

(C.R.C., c.1431)

These regulations are divided into ten Parts. They provide details on the structural, subdivision, stability and damage stability, and structural fire protection requirements applicable to ships operation on international voyages down to ships operating on the minor waters of Canada. Recognised Organisation (RO) surveyors should be aware that Parts I & II are applicable to passenger ships and address subdivision and damage stability, watertight integrity, and the issue of subdivision load lines.

These regulations are supported by the following Transport Canada publications that Recognised Organisation (RO) surveyors should also be familiar with, as available on website http://www.tc.gc.ca/marinesafety/tp-menu-515.htm:

1. TP 7301: Stability, subdivision and Load Line Standards

2. TP 10405: Ship safety - Passenger ship operations and damaged stability Standards (Convention vessels)

3. TP 10943: Passenger vessel operations and damaged stability Standards (non Convention vessels)

4. TP 11469: A guide to structural fire protection

5. TP 11710: Standards for the double hull construction of oil tankers

6. TP 11960: Standards and Guidelines for the construction, inspection and operation of barges that carry oil in bulk.

Hull inspection Regulations

These Regulations have been repealed with the entry into force of VSCR and TP15456 - Canadian Vessel Plan Approval and Inspection Standard (see also Regulations pursuant to the CSA 2001 and FlagStateNet 03-2021 in FlagStateNets)

Marine machinery Regulations

(SOR/90-264)

Information for the attending surveyor on marine machinery of ships with details to assist them with the requirements.

Steering appliances and equipment Regulations

(SOR/83-810)

There is no additional provision in this regulation.

Ship electrical Standards

(TP 127)

Contains information for the attending Recognised Organisation (RO) Surveyor on ship, electrics and some details to assist them with the requirements.

1. Recognised Organisation (RO) Rules and Regulation in Pt C, Ch 2, Sec 1

   1.1.2 The Society may consider modified requirements for installations not exceeding either 50 V or 50 kW total generator capacity and for ships classed for “restricted navigation”.

2. Ship Electrical Standards TP 127 in Part II

   Vessels with electrical systems less than 50 Volts are required to comply with Part II of this TP.

COSMO fire doors

(FlagStateNet 08-2018, see FlagStateNets)

Transport Canada is asking inspectors and surveyors to verify, during vessel inspections, if fitted COSMO fire doors A-60 manufactured after November 2013 have been repaired/replaced, keeping in mind that doors manufactured prior to November 2013 might have also been affected.

For further information, refer to attached file “FlagStateNet 08-2018”.

Acceptance of in-water survey in lieu of dry-docking

Transport Canada has issued a Tier I Policy - Acceptance of in-water survey in lieu of dry-docking.

This policy has been revoked with the entry into force of VSCR and TP15456 - Canadian Vessel Plan Approval and Inspection Standard (see also Regulations pursuant to the CSA 2001 and FlagStateNet 03-2021 in FlagStateNets)

Stability requirements for the maximum value of righting lever (GZ) occurring at an angle less than 25°

(Administration email dated 14/01/2021)

Recognised Organisation (RO)'s Surveyors, acting on behalf of the Minister are asked to be mindful of the following and take the subsequent actions:

The instructions in attached file “instructions-stability-requirements.pdf” introduce a work instruction when an intact stability booklet is prepared or submitted for approval according to the standards Stability, Subdivision and Load Line Standards (TP7301E) and the angle of maximum GZ occurs at less than 25°.

When using this work instruction to approve the stability of vessels, Recognised Organisation (RO)'s Surveyor is asked to:

• obtain approval from the regional Delegated Statutory Inspection Program Liaison Officer (DSIPLO);

• ensure that these work instructions are used for the specific vessels identified in the instruction;

• Ensure that a reference to these work instructions shall be added to the stability approval notes.

• Inform the Authorized Representative that it is not necessary to make a request to TCMSS for an MTRB decision.

Anchor handling winches

The requirements of SOLAS II-1/3-13 (IMO Resolution MSC.532(107) including the conditions of application, and the associated Guidelines for Anchor Handling Winches (IMO MSC.1/Circ.1662), are incorporated by reference to VCER through the publication TP15415.For compliance with SOLAS II-1/3-13, and in the context of inspecting anchor-handling winches, interpretation of competent person defined in MSC.1/Circ.1662 is as follows, a competent person is:

• the RO authorized by the Minister to perform such duties based on the Delegation Agreement,

• the Marine Safety Inspector authorized under s.11(2) of the Canada Shipping Act, 2001.

That being said, for ships to which the VCERs apply (over 24 m), AMSDL is the OPI on the implementation of the part of SOLAS amendment related to anchor-handling winches, and the implementation of associated circular (MSC.1/Circ.1662).

Cargo Ship Safety Equipment Certificate

Boat and fire drill and means of exit Regulations (SOR/2005-280) / Charts and nautical publications Regulations (SOR/95-149)

During the periodic (annual) survey, surveyors shall witnessed the following:

Boat and fire drills shall be carried out simultaneously and the drills shall be so arranged that the proportion of the crew is assigned to boat stations at the time fire drills are practiced.

Collision Regulations

(C.R.C., c.1416)

These Regulations show clearly all the Canadian modifications to the international collision Rules.

Life-saving equipment Regulations

(C.R.C., c.1436)

Information for the attending surveyor on various classes of ships with details to assist them with the requirements.

These Regulations are divided into three Parts, as follows:

1. Part I - Equipment to be carried by existing ships.

2. Part II - Equipment to be carried by new ships.

3. Part III - Operational requirements and equipment standards

   Part III contains the following schedules that Recognised Organisation (RO) surveyors must be familiar with:

   1. Schedule I - Equipment for life rafts and inflatable rescue platforms

   2. Schedule II - Equipment to be carried by life boats, rescue boats, emergency boats and suitable boats

   3. Schedule III - Ship distress signals

   4. Schedule IV - Servicing requirements for inflatable survival equipment

   5. Schedule V

      • Schedule V - Lifeboat Standards for new ships

      • Schedule V.1 - Lifeboat Standards for existing ships

   6. Schedule VI - Means of embarkation into survival craft

   7. Schedule VII - Rescue boats and emergency boats

   8. Schedule VIII - Life rafts and inflatable rescue platforms

   9. Schedule IX - Launching devices and recovery arrangements

      • Part 1 - Requirements for existing ships

      • Part 2 - Requirements for new ships

   10. Schedule XII - Line-throwing appliances

   11. Schedule XIII - Thermal protective aids

   12. Schedule XIV - Lifebuoys and lifebuoy equipment

   13. Schedule XV - Suitable boats and emergency boats on existing ships

Lifeboat release mechanism

1. FlagStateNet 01-2019

   Special attention shall be paid for vessels where either the davits or the lifeboats were modified or replaced. Components retrofitted or replaced on survival craft and launching appliances shall work as designed by the manufacturer. All components must comply with the equipment type approval requirement

   For further information, refer to attached file “FlagStateNet 01-2019”

2. FlagStateNet 04-2019

   The purpose of this Flagstate.net is to provide guidance to inspectors and surveyors on application of SOLAS III/1.5 and MSC.1/Circ.1392 – Guidelines for evaluation and replacement of lifeboat release and retrieval systems.

   When on board a convention vessel or a vessel certified to the Alternative Regulatory Regime policy, the surveyor is to confirm that the lifeboat release and retrieval system not complying with paragraphs 4.4.7.6.4 to 4.4.7.6.6 of the LSA Code, have been duly replaced or modified in accordance to the guidelines found in MSC.1/Circ.1392.

   For further information, refer to attached file “FlagStateNet 04-2019”

BNWAS

Guidance when evaluating vessel compliance with the SOLAS Bridge Navigational Watch Alarm System (BNWAS) requirements

(Email from Transport Canada dated 11/10/2011)

1. Ships engaged on international voyages:

   1. BNWAS fitted on or after July 1, 2011

      Meet IMO standards MSC.128(75), including A.694(17), and be type-approved by a competent authority to testing standard IEC 62616.

   2. BNWAS fitted prior to July 1, 2011

      Meet IMO standards MSC.128(75), including A.694(17), and be type-approved by a competent authority to those standards.

   3. BNWAS fitted prior to July 1, 2011 that does not have proof of type-approval would require the authorized representative to request an MTRB decision stating the date the equipment was installed and specifying the criteria the BNWAS does comply with / does not comply with in relation to the IMO BNWAS standards.

2. Ships not engaged on international voyages:

   They should be strongly encouraged to fit the appropriate type-approved equipment. However, as Transport Canada does not yet have a regulatory requirement, this Administration cannot enforce it.

3. In all cases:

   The BNWAS must be installed so that electromagnetic interference does not affect the proper functioning of the navigational equipment.

Please note that a “competent authority” means:

• a government that is a party to the Safety Convention;

• a society or association for the classification and registry of ships recognized by a government referred to in paragraph (a); and

• a testing establishment recognized by the Minister or by a government referred to in paragraph (a) as able to determine whether equipment meets the applicable standards.

Motion sensors as external inputs to initiate reset function

(FlagStateNet 06-2021, see FlagStateNets)

Motion sensors are accepted onboard Canadian vessels as external inputs to BNWAS to initiate the reset function, if they are installed as such:

1. The area of the bridge covered by the motion sensors does not include bridge chairs, unless the chair is integral to the primary conning position; and

2. Motion sensors are installed in a manner (location) that prevent false resets from inanimate objects, e.g. a revolving fan or ribbons tied to output grills of ventilators, air-conditioner units.

Voyage Data Recorder Regulations

(Email from the Administration dated 22/05/2013)

1. A vessel that is engaged on an international voyage must be fitted with a voyage data recorder that meets the requirements of the:

   1. VDRs Standards if the vessel is

      • a passenger vessel of 150 gross tonnage or more, or

      • a cargo vessel of 3 000 gross tonnage or more that was constructed on or after July 1, 2002; and

   2. S-VDRs Standards or the VDRs Standards if the vessel is

      • a cargo vessel of 3 000 gross tonnage or more that was constructed before July 1, 2002, and

      • not a fishing vessel.

2. A vessel that is not engaged on an international voyage must be fitted with a voyage data recorder that meets the requirements of the:

   1. VDRs Standards if the vessel was constructed on or after January 1, 2012 and is

      • a passenger vessel of 500 gross tonnage or more; or

      • a cargo vessel of 3 000 gross tonnage or more that does not engage solely on inland voyages.

   2. S-VDRs Standards or the VDRs Standards if the vessel was constructed before January 1, 2012 and is a passenger vessel of 500 gross tonnage or more.

   Subsection 2) does not apply in respect of vessels constructed before the day on which these Regulations come into force before the earlier of:

   1. the last day of the first inspection of the vessel carried out after January 1, 2013 for the purpose of issuing a certificate under subsection 10(2) of the Vessel Certificates Regulations, and

   2. July 1, 2015.

Accordingly, all new vessels meeting the above criteria which are entering the Canadian Registry (other than passenger vessels operating on sheltered waters voyages, less than 6 months per year) are now required to have a voyage data recorder.

Existing vessels in the above categories will be required to have one installed on or before July 1, 2015.

A complete version of the Regulations may be found here:

https://laws-lois.justice.gc.ca/eng/regulations/SOR-2020-216/

Liferafts

(Email from the Administration dated 21/05/2013)

Approval of liferafts, including approval of service stations, is delegated to ROs.

However, Administration (i.e. RO) approval of service stations is only required for Convention vessels as per IMO Resolution A.761(18).

For domestic vessels, the Administration requires use of a service station approved by the manufacturer as per section 119.(1) (b) of the “Life saving equipment Regulations”.

Extended service period

(Ship Safety Bulletin 28/2022)

Inflatable survival equipment needs to be serviced every year. This helps ensure proper deployment in all operating conditions and that it is maintained to reduce risks due to the impact of environmental conditions (i.e., humidity, temperature variation, freeze-thaw cycles).

Schedule IV of the Life Saving Equipment Regulations (LSER) lists servicing intervals for inflatable survival equipment. It has been amended to specify that to qualify for the 24 month extended servicing period, when the vessel operates less than seven months per year, it must operate only during months in which the monthly historical average daily minimum air temperature is greater than 0°C according to the climate data, compiled by Environment and Climate Change Canada, from the Canadian Climate Normals station closest to the vessel’s area of operation.

This regulatory amendment is in force as of 22 December 2022.

Authorized representatives of vessels using the 24 month service interval are reminded to:

• complete an Extension Record for Inflatable Survival Equipment Servicing Form (85-0418) or another record that contains equivalent information,

• submit the completed form to the nearest Transport Canada Marine Safety and Security Service Centre,

• keep a copy on board the vessel, to show it when asked by a Marine Safety Inspector during an inspection to demonstrate compliance with the LSER, and

• confirm that the safety equipment (e.g., pyrotechnic distress signals, seasickness medicine, etc.) in the inflatable survival equipment does not expire before the next scheduled servicing.

(FlagStateNet 01-2023, see FlagStateNets)

The attached TIER III – work instructions in FlagStateNet 01-2023 detail how to verify compliance with the requirements of section 2 of Schedule IV of the LSER.

Extension Record for Inflatable Survival Equipment Servicing form (85-0418) (republish on 22 December 2022) or another record that contains equivalent information is acceptable. Form 85-0417 Supplement to Inspection Certificate – Life Raft Register is no longer required.

The 30 month servicing period listed in subsection 2(1.2) of Schedule IV of the LSER is only available if the inflatable survival equipment has a Type Approval Certificate (as required by section 121 of Part III of the LSER) that lists a maximum servicing period of 30 months.

The Administration does accept extended service liferafts on Safety Convention vessels if they comply with IMO MSC.1/Circular.1328 – Guidelines for the Approval of Inflatable Liferafts Subject to Extended Service Intervals Not Exceeding 30 Months – (11 June 2009).

Hydrostatic testing of pressure containers

(FlagStateNet 01-2022, see FlagStateNets)

This Flagstatenet provides additional clarification on hydrostatic testing of pressure containers (cylinders) under the Vessel Fire Safety Regulations (VFSR).

For further information, refer to attached file “FlagStateNet 01-2022”.

Servicing of CO2 fixed fire-fighting systems

(FlagStateNet 05-2023, see FlagStateNets)

Signing off on the 5-year internal inspection of CO2 control valves which cannot be opened for inspection is acceptable provided that a function test of the valves is performed and is successful to OEM specifications. When in doubt, written confirmation should be requested from the manufacturer stating if the specific valve(s) can be opened for inspection.

Automatic Identification Systems (AIS)

Refer to attached file “English Regulations - Règlement français” amending Section 65 of the Navigation Safety Regulations.

1. Following vessel shall be fitted with an AIS Class A:

   • Every vessel of 150 gt or more that is carrying more than 12 passengers and engaged on an international voyage

   • Every vessel, other than a fishing vessel, of 300 gt or more that is engaged on an international voyage

   • Every vessel, other than a fishing vessel, of 500 gt or more that is not engaged on an international voyage

2. Every vessel, other than a vessel subject to a) above, that is engaged on a voyage other than a sheltered waters voyage shall be fitted with an AIS Class A that meets the standards specified at item 15 of Schedule 1 or an AIS Class B if:

   • the vessel is certified to carry more than 12 passengers; or

   • the vessel is eight (8) metres or more in length and is carrying passengers.

Marine Evacuation Systems (MES)

(FlagStateNet 03-2019, see FlagStateNets)

For consistent application and for adequate training of the crew until the entry into force of the proposed Vessel Construction and Equipment Regulations (VCER), Transport Canada Marine Safety & Security (TCMSS) is requesting that, inspectors verify that when the vessel is carrying MES on board that at least one MES is deployed at minimum every two years, before it is sent for annual servicing and that every MES on board is deployed at least once every six years.

Refer also to the Ship Safety Bulletin 13/2019 “Schedules of deployment for marine evacuation systems (MES)” in attached file “SSB-13-2019E.PDF”.

Requirements for maintenance, thorough examination, operational testing, overhaul and repair of lifeboats and rescue boats, launching appliances and release gear (MSC.402(96))

(Refer to attached file Policy for Authorized Service Providers For Life-Saving Appliances)

Annexes 2 and 3 of this policy outline the provisions and additional interpretations and guidance for the implementation of IMO Resolution MSC.404(96) with respect to SOLAS III/20 and MSC.402(96), addressing the operational testing of lifeboats and rescue boats, launching appliances and release gear.

The training program in accordance with ISO 23678 is acceptable, subject to personnel certification being compliant with all applicable provisions of IMO Res.MSC.402(96). Refer also to §2.2.1 of the “Policy for Authorized Service Providers For Life-Saving Appliances”.

Interpretation and Guidance on the Application of Totally Enclosed Bridge

(FlagStateNet 03-2026, see FlagStateNets)

Refer to this FlagStateNet 03-2026 for clarification regarding the interpretation of Section 107 of the NSR 2020 - specifically, what constitutes a “totally enclosed bridge” and when a sound reception system is required.

Magnetic Compass: Table or Curve of Residual Deviations vs Deviation Card

(FlagStateNet 04-2026, see FlagStateNets)

During a compass inspection, the Recognised Organisation (RO) Surveyor is to ensure that every vessel fitted with a magnetic compass is also provided with a residual deviation table or curve, available on the bridge, as required by NSR 2020 Subsection 106(4).

In addition, the Recognised Organisation (RO) surveyor is to verify that compass errors are checked regularly, recorded in the compass error log, and signed by both the deck officer and the master of the vessel, in accordance with NSR 2020 Paragraph 132(1)(a).

Where it is impractical to maintain a regular compass error record on board, the master must present to the Recognised Organisation (RO) Surveyor a statement using Form 85-0454 to confirm that the compass is functioning properly, as required by NSR 2020 Paragraph 132(1)(b).

Cargo Ship Safety Radio Certificate

Inspections of the radio equipment must take into account the provisions of the International Convention for the Safety of Life at Sea, Chapter IV, the Ship Station (Radio) Regulations, 1999 and the Ship Station (Radio) Technical Regulations, 1999 (Refer to SOR 2000-265).

For radio inspection database management system, refer to the attached file “RadioChecklist”.

Passenger Ship Safety Certificate

See Delegated Statutory Inspection Programme.

Passenger vessel checklist

FlagStateNet 06-2018 (revised 01 February 2019, see FlagStateNets)

The Administration (TCMSS) is requesting that Recognised Organisation (RO) complete the checklist “Passenger Vessel Questionnaire” (refer to attached file “FlagStateNet 06-2018 (rev. 02-2019)”) for each annual survey conducted on delegated passenger vessels.

A copy of this checklist is to be sent to the flag state inbox: insp.stand-norm.insp@tc.gc.ca.

A dedicated Item in ASMS (CAN0801) is created.

Refer also to the guidelines in the attached file “FlagStateNet 06-2018 (rev. 02-2019)”.

SOLAS Codes

International Code of Safety for High Speed Craft

Annex 1 contains specific Canadian requirements for high speed craft.

Annex 2 states as follows, CCG amplification of HSC code:

1. The HSC code, modified in accordance with Annex 1, should be applied in it’s entirely, amplified when appropriate by the application of regulations made under the CSA.

2. In addition to the above, the certification approval and operation of Canadian Air Cushion Vehicles should comply with appropriate provisions of TP 5579 “Standards relating to the design Construction and Operation of Dynamically Supported Craft in Canada, Volume 1 - Air Cushion Vehicles”.

During a survey on board the attending Recognised Organisation (RO) surveyors must ensure that these special provisions are addressed.

Certification

(Administration email dated 02/02/2023)

Acceptance of an Alternative Regulatory Regime to use the HSC Code in its entirety together with applicable Recognised Organisation (RO) class rules for inspection construction, and safety equipment; and authorization for Recognised Organisation (RO) to issue Certificates for HSC on behalf of the Administration.

Recognised Organisation (RO) must issue a Safety Certificate for a High-Speed Craft Operating on Voyages to Which the Safety Convention does not Apply (Form no.85-0461) and a Record of Equipment for High-Speed Craft Safety Certificate (Form no.85-0462) to the vessel.

POLAR Code

(Administration letter RDIMS:13665780 dated 04/04/2017)

The “Arctic Shipping Safety and Pollution Prevention Regulations (ASSPPR)” is published and implements SOLAS Chapter XIV and the POLAR Code. Refer also to the FlagStateNet “New Arctic Regulations” in FlagStateNets. Accordingly, the Arctic Pollution Prevention Certificate (APPC) no longer exist and has been replaced by the Polar Ship Certificate.

Recognised Organisation (RO) is authorized to issue the Polar Ship Certificate (PSC) to Canadian vessels that are delegated. For the purpose of the issuance of the PSC, all guidelines, requirements and similar matters issued by IMO and related to Polar Code are to be considered mandatory. Any deviation of these instruments must be referred to Transport Canada for consideration.

For further information refer to attached file “Issuance of Polar Ship Certificate by RO”.

MARPOL 73/78

Annex I. IOPP certificate

Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69)

Oil pollution prevention Regulations (SOR/93-3) was replaced by Regulation for the prevention of pollution from ships and for dangerous chemical Regulations (SOR 2007-86) which was replaced by Vessel Pollution and Dangerous Chemicals Regulations (SOR/2012-69).

Available @ https://laws-lois.justice.gc.ca/eng/regulations/sor-2012-69/

1. Certificates to be carried by vessels – Part 2 Division 1 Subdivision 3

2. Tanks for oily residue and sludge oil – Part 2 Division 1 Subdivision 1 (16)

3. Containers or Enclosed deck areas for Oil tankers – Part 2 Division 1 Subdivision 1 (15)

4. Piping Systems Standard discharge connection and sludge pump – Part 2 Division 1 Subdivision 1 (20)

5. Double Hull – Part 2 Division 1 Subdivision 7

6. Requirements for 5 ppm bilge alarm – Part 2 Division 1 Subdivision 1 (13)

Prohibition on the use and carriage for use as fuel of HFO in Canadian Arctic waters

(FlagStateNet 07-2024 and FlagStateNet 08-2026, see FlagStateNets)

The prohibition bans the use and carriage for use as fuel of oils listed in regulation 43.1.2 of MARPOL Annex I, on or after July 1, 2024, or July 1, 2029, depending on the vessel’s fuel oil tanks characteristics. All vessels are to comply as of July 1, 2024; vessels to which regulation 12A of Annex I or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code apply are to comply as of July 1, 2029.

SCOPE

The prohibition applies to all vessels operating within Canadian Arctic waters. It does not apply to vessels engaged in securing the safety of ships or in search and rescue operations, and ships dedicated to oil spill preparedness and response.

The prohibition permits any country the coastline of which borders on Arctic waters the ability to temporarily waive the requirements of the prohibition (i.e., July 1, 2024, compliance timeline) for their own domestic fleet until no later than July 1, 2029, provided the country inform the IMO of the waiver. The Minister of Transport decided to allow waivers for Canadian vessels until no later than December 31, 2026, for individual vessels engaged in marine resupply only (Arctic Sealift).

REQUIREMENTS FOR VESSELS TO WHICH REGULATION 12A OF MARPOL ANNEX I OR REGULATION 1.2.1 OF CHAPTER 1 OF PART II-A OF THE POLAR CODE APPLIES

For any vessel which meets the requirements outlined in “Scope” above and which regulation 12A of Annex I or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code applies, Recognised Organisation (RO) shall confirm that the vessel has onboard a valid International Oil Pollution Prevention (IOPP) Certificate, Form A which shows the vessel meets either Regulation 12A of Annex I or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code.

Canadian vessels which do not meet the requirements of regulation 12A of Annex I or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code due to the sole reason of the date of the vessel’s delivery date (pre-2010) but which do meet the oil tank design standards of regulation 12A of Annex I or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code may apply to the Marine Technical Review Board (MTRB). If a positive decision is granted, Recognised Organisation (RO) shall indicate in their IOPP that they meet the design specifications, and a copy of the Board Decision is to be retained on board for verification by MSS inspectors.

From July 1, 2024, to July 1, 2029, day tanks less than 30 m3 can have volumes of HFO, provided they do not exceed 30 m3 and are used exclusively to facilitate safe and practical fuel changeover procedures upon entering Arctic waters only.

APPLYING FOR A WAIVER FOR A TEMPORARY EXEMPTION FROM THE REQUIREMENTS OF THE PROHIBITION

Any Canadian vessel for which the requirements of regulation 12A of MARPOL Annex I or regulation 1.2.1 of chapter 1 of part II-A of the Polar Code do not apply and which is engaged in marine resupply voyages for at minimum 75% of that vessel’s annual voyages is eligible to apply for an extension. In this case, the extension to the requirements of the prohibition will be granted from July 1, 2024, to December 31, 2026, subject to the application to the Marine Technical Review Board (MTRB) and its positive decision.

For Canadian vessels, Recognised Organisation (RO), following a request from the Authorized Representative (AR), would send the request, has per the process outlined in Transport Canada Policy for implementation of Canada’s prohibition on the use and carriage for use as fuel of heavy fuel oil by ships in Canadian arctic waters.

If granted a temporary exemption, the Marine Safety Inspector shall review the Northern Vessel Traffic Services Zone (Northern VTS Zone) entries to ensure that vessels are not carrying HFO. Confirmation of the 75% of number of annual voyages are made for marine resupply purposes would only be done on an as needed basis by the Marine Safety Inspector. Non-Canadian flagged vessels voyaging through Arctic waters are not eligible to apply for a temporary exemption from Transport Canada.

Annex V

A form of Garbage Record Book, for Canadian and international waters, is available in Canadian forms.

Annex VI

IAPP

Untitled

Ship Safety Bulletin 06/2013 dated 15/05/2013

Canadian vessels that fully comply with MARPOL standards must carry the International Air Pollution Prevention Certificate and do not need to carry the Canadian certificate.

(Administration email dated 06/01/2021)

As it has been over 6 years, since the ROs' authorization to issue a Canadian Air Pollution Prevention (CAPP) certificate was removed, these certificates should no longer be in circulation on any Canadian vessels. However, if a CAPP certificate is still in circulation, it should be promptly replaced with an International Air Pollution Prevention Certificate (IAPP).

Untitled

Ship Safety Bulletin 07/2016 dated 27/07/2016 (see attached file “SSB-07-2016E.pdf”).

Transport Canada will not require compliance with the IMO Tier III nitrogen oxides emissions standards set out in subsection 110.3 (4) of the Regulations, until January 1, 2017, for Canadian vessels IF the marine diesel engine with a power ratings between 130 kilowatts and 750 kilowatts.

Untitled

Ship Safety Bulletin 23/2022 dated 21/10/2022 (see attached file “SSB-23-2022E.pdf”).

If a vessel is not more than 15 metres in length, voyaging solely within Canadian waters, its engine(s) don’t have to comply with the IMO NOx Tier III emission standards. This applies to engines that are installed for repowering and those installed in new vessels.

Instead, these marine engines must comply with the IMO NOx Tier II emission standards.

This policy will be in place until 31st December 2027.

Before that date, Transport Canada will review the latest developments in marine engine technology and determine whether small marine engines can meet the IMO Tier III emission standards without using selective catalytic reduction (SCR) or with smaller emission control technology.

EEDI, EEXI, DCS and CII

(See Addendum to Agreement Chapter 4 of MARPOL Annex VI shown in Agreement governing the delegation of statutory certification functions)

Recognised Organisation (RO) is authorized to:

• verify the Energy Efficient Design Index (EEDI) as per Regulation 22 of MARPOL Annex VI;

• approve a “Ship Energy Efficiency Management Plan (SEEMP)” as per Regulation 5.4.5 and 5.4.6 of MARPOL Annex VI (Part II & III);

• issue a Statement of Compliance – “Fuel Oil Consumption Reporting and Operational Carbon Intensity rating” as per Regulation 6.6 of MARPOL Annex VI;

• collect data from an Authorized Representative required under Regulation 27 of MARPOL Annex VI (Data Collection System).

For the purposes of the functions, guidelines, recommendations, requirements issued by the IMO related to Chapter 4 of MARPOL Annex VI are to be considered mandatory. Any deviation from these instruments must be addressed to Transport Canada for consideration.

Format for reporting EEDI data

(FlagStateNet 07-2022, see FlagStateNets)

Recognised Organisation (RO) shall verify the accuracy of the data submitted by the Authorized Representative (AR), complete the report similar to the standardized format provided in Appendix 5 to Resolution MEPC.332(76) and forward to Transport Canada at:

annexVIreports-rapportsannexeVI@tc.gc.ca

This report is to be sent to Transport Canada no later than:

• within six months of completing the survey required under regulation 5.4 of MARPOL Annex VI; or

• within six months following 1 April 2022 for a ship delivered prior to 1 April 2022.

Data Collection System for fuel oil consumption of ships (DCS) and Carbon Intensity Indicator (CII)

(FlagStateNet 07-2022, see FlagStateNets)

Recognised Organisation (RO) shall obtain the data from the Authorized Representative (AR) of the vessel and ensure that Part II of the SEEMP is revised to include a description of the methodology that will be used to collect the data as required under Regulation 27 of Annex VI.

Recognised Organisation (RO) shall verify that, for SEEMP submitted on or before 1 January 2023, it includes:

1. a description of the methodology that will be used to calculate the ship's attained annual operational CII required by regulation 28 and the processes that will be used to report this value to Transport Canada;

2. the required annual operational Carbon Intensity Indicator (CII), as specified in regulation 28 of this Annex, for the next three years;

3. an implementation plan documenting how the required annual operational CII will be achieved during the next three years;

4. a procedure for self-evaluation and improvement.

Within three months after the end of each calendar year, Recognised Organisation (RO) shall obtain from the AR the aggregated value for each datum specified in Appendix IX of MARPOL Annex VI .

Upon receiving the ship fuel oil consumption and the CII data Recognised Organisation (RO) shall:

1. determine whether the data has been reported in accordance with regulation 27;

2. verify that the attained annual operational CII reported is based on the data submitted;

3. based on the verified attained annual operational CII, determine the operational carbon intensity rating of the ship;

4. for a ship rated as D for three consecutive years or rated as E, review the SEEMP to include a plan of corrective actions to achieve the required annual operational CII. This is to be completed within 30 days after reporting the attained annual operational CII;

5. submit the data in standardized format provided in Appendix IX and forward to Transport Canada at:

   annexVIreports-rapportsannexeVI@tc.gc.ca

   by June 1st of each calendar year.

Recognised Organisation (RO) shall issue a Statement of Compliance as per Regulation 6 of MARPOL Annex VI.

Recognised Organisation (RO) shall submit to Transport Canada a copy of the Statement of Compliance.

All information submitted will be transmit to the IMO by Transport Canada via the Global Integrated Shipping Information System (GISIS).

Canadian Carbon Intensity Indicator (CCII)

(FlagStateNet 09-2026, see FlagStateNets)

The Canadian Carbon Intensity Indicator (CCII) is applicable to Canadian vessels of 5,000 gross tonnage or more operating in all Canadian waters, including the Great Lakes and the St. Lawrence River, and trading to United States (U.S.) ports, provided that voyages to U.S. ports account for 50% or less of the vessel’s annual voyages.

The Canadian Carbon Intensity Indicator (CCII) is applicable to the following vessel types:

• Bulk carriers

• Self-Unloading Bulk Carriers

• Tankers

• Ro-Ro passenger

• General cargo

• Ro-Ro cargo

• Container

It does not apply to vessels with Category A designation under the Polar Code nor to government vessels.

The enclosed guidelines contain the guidance of the flag for the collection and reporting requirements, to fulfill the requirements of the CCII. It details requirements for the yearly issuance of the statement of compliance and consumption reporting, as well as guidance on reporting of fuel carbon intensity via the GHGenius.

Directives of the flag are contained within the enclosed Policy/Procedure.

Recognised Organisation (RO) should be guided by IMO Resolution MEPC.348(78) 2022 Guidelines for administration verification of ship fuel oil consumption data and operational carbon intensity and IMO Resolution MEPC.347(78) Guidelines for the verification and company audits by the administration of part III of the ship energy efficiency management plan (SEEMP).

When verifying the annual attained CCII against the required annual operational CCII and for annual reduction rates to be applied Recognised Organisation (RO) should be guided by the Guidelines on the Reference Lines and Calculation Methods for use with the Canadian Carbon Intensity Indicator (CCII)

For the assignment of operational carbon intensity rating Recognised Organisation (RO) should be guided by IMO Resolution MEPC.354(78) 2022 Guidelines on the Operational Carbon Intensity Rating of Ships (CII Rating Guidelines, G4).

Recognised Organisation (RO) is to issue a Statement of Compliance no later than May 31st of each calendar year in a format that includes the relevant items listed in Appendix X - Form of Statement of Compliance – Fuel Oil Consumption Reporting and Operational Carbon Intensity rating (regulation 8.3) of MARPOL Annex VI and company fuel consumption data to Transport Canada Marine Safety and Security Headquarters (TCMSS HQ) at:

annexVIreports-rapportsannexeVI@tc.gc.ca

Issuance of exemption certificates and waivers under MARPOL and the VPDCR

(FlagStateNet 01-2026, see FlagStateNets)

Exemptions under MARPOL and the VPDCR can only be granted through the Marine Technical Review Board (MTRB) process under the Canada Shipping Act, 2001. Once the MTRB panel has issued a decision granting the application, the Recognised Organisation (RO) surveyor must ensure the following.

For the following international certificates:

• International Oil Pollution Prevention Certificate (IOPP)

• International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk (NLS)

• International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk (ICoF)

• Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk (CoF)

• Certificate of Fitness for an Offshore Support Vessel (OSV)

• International Sewage Pollution Prevention Certificate (ISPP)

• International Air Pollution Prevention Certificate) (IAPP)

• International Energy Efficiency Certificate (IEEC)

Recognised Organisation (RO) surveyor must:

• Include a reference on the certificate(s) to the MTRB number and the relevant MARPOL regulation (e.g., Annex I Regulation 3 for IOPP and Annex II Regulation 4 for NLS);

• Indicate whether the approval is classified as a “waiver” or an “exemption.”;

• List any final conditions imposed by the MTRB on the certificate(s), if applicable.

For the following Canadian certificates:

• Canadian Oil Pollution Prevention Certificate (COPP)

• Canadian Noxious Liquid Substance Certificate (CNLS)

• Canadian Air Pollution Prevention Certificate (CAPP)

Recognised Organisation (RO) surveyor must:

• Include a reference on the certificate to the MTRB number and the relevant VPDCR section (e.g., Division 1 Section 48 for COPP and Division 2 Section 81(1) for CNLS);

• Indicate whether the approval is classified as a “waiver” or an “exemption.”;

• List any final conditions imposed by the MTRB on the certificate(s), if applicable.

BWM Convention

Ballast Water Management

Untitled

Refer to ballast water control and management Regulations – SOR/2006-129.

BWM Delegation

Further to letter from the Administration RDIMS #13298945, Recognised Organisation (RO) is authorized to deliver or conduct the following additional duties on behalf of Transport Canada:

• SCHEDULE A Survey and issuance of the International BWM Certificate

• SCHEDULE B - Approval of BWM Plan (BWMP) - Approval of the BW Record Book (BWMRB) - Issuance of Type approval of the BW System

For further information, refer to attached file “RDIMS-#13309737-v1-BWM_DELEGATION_TC”

Through their email dated 14/09/2017, the Administration clarify that the BWRB is part of BWMP and does not require a separate approval. The BWRB is subject to inspection to ensure it complies with the BWM Convention.

BWM System

(FlagStateNet 08-2020, see FlagStateNets)

Recognised Organisation (RO) surveyors are asked to ensure that the MTRB application to the regulatory references listed above is submitted at the design stage before BWTS is installed in an enclosed space on the cargo deck. It is also important to ensure that the application is received with all the supporting documents to show that the proposed design presents an equivalent level of safety to the regulations. Such documentation must include, but not limited to:

1. Plans and RO approval Letters related to the vessel modification;

2. Vessel updated general arrangement plan;

3. Vessel updated hazardous area plan;

4. Plans delineating clearly the new space containing the BWTS location in relation to the tank ventilation systems;

5. Vessel’s new space electrical wiring drawings;

6. Vessel’s new ballast piping drawings;

7. Vessel’s new space ventilation systems drawings;

8. Vessel updated fire control plan and structural fire protection plan (specific to the new deckhouse and the upper cargo deck);

9. Openings (doors and ventilation) in the new deck house in relation to the updated hazardous area plans (inclusive of new deck space hazardous space).

The final decision to accept or deny the proposal will be made by the MTRB.

For further information, refer to FlagStateNets

Tonnage 69

Issuance of certificate

Requests for ITC69 certificate can be handled by Tonnage Offices. Template of ITC69 certificate is in attached file “85-0391_0804-02_BO_X”.

All tonnage requests shall be sent and managed directly by DA_TO (email address: DA_TO@bureauveritas.com).

Tonnage measurement

Recognised Organisation (RO) surveyors shall carry out tonnage measurement in accordance with “Vessel Registration and Tonnage Regulations” (SOR/2007-126) and with “Standard for the Tonnage Measurement of Vessels - TP 13430E”.

COLREG 72

Horizontal Positioning of Sidelights

(FlagStateNet 09-2018, see FlagStateNets)

TC considers that horizontal positioning of sidelights may be placed in a position other than a maximum distance of 10% of the breadth up to 1 metre from the side as stated in the IACS UI, where during the normal operation of a vessel a sidelight might be in contact with another vessel, taken the vessel motion into consideration, or on small vessels (e.g. Tug) with a superstructure of reduced width. In these cases, Sidelights shall be fitted at the maximum width of the superstructure to the satisfaction of the attending inspector.

For further information, refer to attached file “FlagStateNet 09-2018”.

Determination of Closest Possible Compliance Document (DCPCD) under Rule 1 (e) of COLREG

(FlagStateNet 02-2025, see FlagStateNets)

For DSIP vessels, where Recognised Organisation (RO) is approving the plans, it will notify the Authorized Representative (AR) of the non-compliance at the earliest and advise AR to submit alternative proposal to comply.

The AR must submit a request for a DCPC document as soon as they are made aware of the non-compliance. This new process will prevent expensive modifications for the AR, to achieve full regulatory compliance.

AFS Convention

Hull coating - Interpretation

(E-mail from the Administration dated 31/01/2017)

A question has been raised regarding issuance of AFS certificate to a ship having hull painted with epoxy.

The Administration remind that the requirement of the regulations and the Convention is that the hull coating be free of organotin compounds, which are the banned coatings listed in Annex I to the AFS Convention.

Consequently, if the epoxy paint is free of organotin, it meets the Convention and a certificate can be issued, checking the first box in the certificate. “An anti-fouling system controlled under Annex I has not been applied during or after construction of the ship.”

Miscellaneous Technical Requirements

Safe working practices Regulations

(C.R.C., c.1467)

The Safe Working Practices Regulations and Canadian Labour Code are similar in many sections.

Since the Labour Code remains the responsibility of Marine Safety, the attending Recognised Organisation (RO) surveyors during the survey on board must make sure that the safe working practices Regulations are being observed in any space where the crew is employed.

Ships’ elevator regulations

(C.R.C., c.1482)

Application

Apply to elevators and escalators that are used primarily to carry persons, and that are installed on Canadian ships or ships engaged in the coasting trade of Canada.

The owner of the elevator or escalator shall provide the inspector with a document duly signed by the competent person that states that the elevator or escalator complies with the provisions of the applicable C.S.A. Code.

During the annual survey on board, the attending Recognised Organisation (RO) surveyors should obtained a copy of the document.

Crewing (manning)

Owners shall be advised to engage in consultation with both Recognised Organisation (RO) and TCMS early in the concept stage regarding the proposed manning of the vessel, before deciding on the fitting of automated machinery, additional equipment, etc.

When requested, Recognised Organisation (RO) is to provide a statement to TCMS that the equipment that is proposed / fitted is over and above the minimum regulatory requirements and meets performance standards that may allow for a reduction in the minimum safe manning level.

Pleasure crafts - Tonnage

Upon the owner’s request, the Society is authorised to issue an “Appendix for Canadian Tonnage” to pleasure craft and yachts flying the Canadian Flag.

Ships built or converted for towing

Hull construction Regulations 1431- Part VIII - Ships built or converted for towing

This part has very specific requirements for tugs, most of which have no equivalent in Recognised Organisation (RO) Rules or SOLAS.

The following is a list of the sections in this Part:

1. Sections 104 to 108 - Stability, see also Stab 3 of TP7301.

2. Section 109 - Subdivision of hull.

3. Sections 110 to 113 - Openings in watertight bulkheads.

4. Sections 114 to 116 - Crew access openings.

5. Sections 117 to 120 - Closing appliances for crew access openings.

6. Section 121 - Stowage hatchways and skylights.

7. Sections 122 to 125 - Door-sills and coaming.

8. Section 126 - Ventilation.

9. Sections 127 and 128 - Windows and sidelights.

10. Section 130 - Rudder controls and indicators.

11. Sections 131 to 138 - Towing equipment.

12. Section 139 - Freeing ports.

13. Section 140 - Non-skid surfaces.

14. Section 141 - Exterior storm rails.

15. Sections 142 and 143 - Chain lockers.

16. Sections 180 and 231 of Parts IX and X respectively require the marking of all escape routes, the installing of emergency lighting, and the displaying of escape diagrams.

Towboat crew accommodation Regulations

(C.R.C., c.1498)

Although it is the responsibility of the Owner to ensure that a towboat is built to and remains in compliance with these regulations Recognised Organisation (RO) surveyors should be aware of their content as they may be called upon to inspect a towboat as required by Section 47. Most of the requirements are very specific and have no equivalent in the Recognised Organisation (RO) Rules.

They deal with the separation and location of crew spaces, comfort insulation, deck coverings and finishes, details including fittings and furniture in sleeping rooms, dining areas, recreation spaces, toilet spaces and galleys, the supply of potable and washing water, stores, drying rooms, lighting, heating, ventilation and drainage.

Fishing vessels

Large fishing vessel inspection regulations

(C.R.C., c.1435)

In Canada in lieu of the requirement of the Torremolinos international Convention for safety of fishing vessels of 24 metres in length the large fishing vessel Regulations are applied to fishing vessel > 24.4 metres in length or > 150 grt.

The Recognised Organisation (RO) Rules for the Classification of steel ships Part E, Chapter 20 (fishing vessel) makes no reference to life saving equipment of radio communications equipment.

During a survey on board, the attending Recognised Organisation (RO) surveyors shall inspect the life saving equipment in accordance with the large fishing vessel Regulations. Radio communications equipment is inspected by the Government of Canada.

Small Fishing vessel safety Regulations

(C.R.C., c.1486)

The small fishing vessel inspection Regulations Part I applies to fishing vessel > 15 grt but < 150 grt and does not exceed 24.4 metres in length Part II applies to fishing vessel not exceeding 15 grt.

The Recognised Organisation (RO) Rules for the classification of steel ships Part E Chapter 20 (fishing vessel) makes no reference to life-saving equipment or radiocommunications equipment.

During a survey on board, the attending Recognised Organisation (RO) surveyors shall inspect the life-saving equipment in accordance with the small fishing vessel Regulations Part I.

Radio-communications equipment is inspected by the Government of Canada.

Fishing Vessel Concentrated Inspection Campaign (CIC) 2024

(FlagStateNet 06-2024, see FlagStateNets)

This CIC is to be conducted during all periodic inspections, as well as all monitoring inspections between May 15th to September 15th, 2024.

The form is completed on the first visit on board (only one per vessel for the complete period), using the following link:

https://forms.office.com/r/u6GDYLPJwt?origin=lprLink

which is to be completed on an electronic device (phone/tablet) during the conduct of the inspection.

The attached guideline provides additional information for each question, including what to review while conducting the CIC and/or what to ask the master/crew, some background information regarding why the question has been included, as well as links to regulatory references.

Currently, RO are not able to issue deficiency form B to vessels found in non-compliance with the regulations. Following the completion of the CIC form, if deficiencies are found, please contact your regional DSIPLO for guidance.

Record of Equipment for Fishing Vessels

(FlagStateNet 08-2024, see FlagStateNets)

The form 85-0529 has been created specifically for fishing vessels and titled “Record of Equipment for a fishing vessel”. In this new form, the list of equipment has been expanded beyond lifesaving appliances and includes equipment related to fire safety, navigation/communication and additional safety equipment specifically found on fishing vessels.

Recognised Organisation (RO) shall continue to use form 85-0138 for Records of Safety Equipment for a vessel (other than fishing vessels), operating on non-convention voyages. If a vessel is engaged in two types of operations (e.g. passenger operations & fishing), it will require this new form (85-0529) in addition to the older one (85-0138), to complement the two Safety Inspection Certificates.

The Record of Equipment (form 85-0529) is a supplement of a Canadian Vessel Safety Inspection Certificate and lists the minimum regulatory requirements in terms of equipment that the vessel needs to be fitted with. As such, Recognised Organisation (RO) must ensure, prior to inspecting a vessel, that the Record of Equipment is correctly updated, based on current regulations. Total number, as required by regulation, needs to be inputted for all required equipment, which is based on vessel type, length, voyage classification etc., as set out in the form. If the vessel has a valid Marine Technical Review Board (MTRB) decision, Recognised Organisation (RO) must check the box with regards to the equipment and follow the instructions section of the Record of Equipment form, under point #5.

The new Record of Equipment for a fishing vessel form comes into effect immediately and Recognised Organisation (RO) must use it at the next renewal or intermediate inspection

Tugs < 24 m in length

Refer to “Guidelines for the Construction, Inspection, Certification and Operation of Tugs < 24 m in length” as per attached file “TP15180E”.

Barges Carrying Oil or Dangerous Chemicals in Bulk

Refer to “Standards for the Construction, Inspection and Operation of Barges Carrying Oil or Dangerous Chemicals in Bulk” as per attached file “TP-11960-e.pdf”

Type Approval Certification to the MED

Life saving appliances and fire safety systems, equipment and products

(FlagStateNet 10-2018, see FlagStateNets)

This notice serves to clarify Transport Canada’s (TC) direction in relation to life saving appliances and fire safety systems, equipment and products certified to the European Union (EU) Marine Equipment Directive (MED) or other foreign administrations when used onboard Canadian vessels.

For further information, refer to attached file “FlagStateNet 10-2018”.

Pollution prevention equipment

(FlagStateNet 02-2026, see FlagStateNets)

Approvals made under requirements of MED are not recognized, whether issued by a Canadian Recognized Organizations (RO) or other authorized entity, unless otherwise specified in the Canadian Regulations, or compliance with applicable Canadian regulatory requirements is demonstrated.

For new building projects or when equipment on an existing vessel is to be replaced, only equipment approved pursuant to the applicable Canadian regulations shall be sourced and installed.

If MED certified pollution prevention equipment, whether from a Canadian Recognized Organization (RO) or other authorized entity, are proposed for use onboard a Canadian vessel the steps below must be followed (refer to FlagStateNet 02-2026 got further details):

• Review and gap analysis

• Manufacturer’s consent to release documentation

• Certificates and other documents

• MTRB decision and Statement of Compliance

During initial, periodical or monitoring inspections, Recognised Organisation (RO) surveyors must ensure that:

• Equipment and products type approved under MED requirements are identified and flagged as unacceptable unless otherwise specified in the Canadian Regulations.

• An MTRB decision is available on board for the acceptance of the MED certified equipment installed on board.

In the context of European Union Marine Equipment Directive (EU-MED) certifications, the term “other authorized entity” refers to a Notified Body - an organization designated by an EU Member State and notified to the European Commission for the purpose of carrying out conformity assessment procedures as outlined under the MED. Notified Bodies are authorized to issue Type Approval Certificates for marine equipment to be used on EU-flagged vessels and are distinct from Canadian Recognized Organizations.

Safety Certification of vessels trading between Canadian and US ports on the Great Lakes and the St. Lawrence River

(FlagStateNet 05-2020, see FlagStateNets)

The purpose of this Flagstate.net is to provide clarification and guidance to inspectors and surveyors on the safety certification requirements for vessels operating on the Great Lakes and the St Lawrence River, in particular “Lakers” that trade within the Great Lakes ports between Canada and the United States.

Validity period of Radio Inspection Certificate

(FlagStateNet 10-2023, see FlagStateNets)

After November 2, 2023, Canadian vessels operating in the Great Lakes and subject to radio inspections in accordance with the amended policy will be eligible for a radio inspection certificate with a validity of up to 4 years. Recognised Organisation (RO) can issue certificates with a validity date of up to 4 years, irrespective of the implementation timeline provided in the table of Ship Safety Bulletin 21/2023.

Carriage requirements remain unchanged. Vessels must continue to comply with Sections 205 and 253(5) of the NSR 2020, as applicable.

Form 85-0458 (Radio Inspection Certificate) should be used for the issuance of radio inspection certificates covered by this policy.

Certificates from Recognised Organisation (RO) that have previously been approved remain valid. Work is in progress to update Form 85-0458 (Radio Inspection Certificate). As an interim measure, the “Great Lakes” field can be ignored, and the “Sea Coast of Canada” field may be selected for any vessels.

Voyage Limitation - Lakers operating in American Ports on the Great Lakes

(Administration email dated 19/08/2024)

Canadian Safety Inspection Certificates were recently issued to Lakers with a mention of NC 1 LIM IW1 or NC 2 LIM HT2.

If these Lakers are operating in American ports on the Great Lakes, the voyage limitation should stipulate “Inland Voyages”; limitation introduced through the Vessel Safety Certificates Regulations, and which correspond to the area for the non-application of SOLAS in Chapter I regulation 3(b).

These non-SOLAS vessels should not operate beyond the Inland Waters (east of 63°W) if they occasionally transit through American ports in the Great Lakes. 

A mention in the certificate to limit the vessel to ply not beyond Inland voyages will ensure that the vessel does not go against what is stipulated in the SOLAS Convention.

In case of lakers that are certificated to operate east of the 63rd meridian, the certificate may specify NC 1 LIM IW1 or NC 2 LIM HT2 as appropriate, but if the vessel is not SOLAS-compliant, the restriction “Canada Ports Only” must be added.

Cargo Gear surveys

(SOR/2007-128)

Canadian regulations (SOR/2007-128) defined the 5 categories of lifting appliances and specify the testing, thorough examination and inspection for each of them. See below extract of 303(1):

“(c) at least once every five years if the appliance is a category 1 lifting appliance, category 2 lifting appliance, or category 3 lifting appliance; and

(d) at least once every four years if the appliance is a category 4 lifting appliance.”

Since for Category 4, 4-yearly tests are required instead of 5-yearly for Categories 1, 2 & 3, 2 Items have been created CAN430 and CAN431 in ASMS.

Unmanned cargo barges under the Vessel Pollution and Dangerous Chemical Regulations

(FlagStateNet 09-2020, see FlagStateNets)

Effective immediately unmanned cargo barges are exempt from the requirements of Sections 23 and 120 of the Regulations provided these barges, which are Canadian registered, operate solely in Canadian waters and do not have the following temporarily and permanently installed:

- internal combustion engines or any equipment containing these engines;

- equipment containing ozone depleting substances;

- oily water separation and filtering equipment and also the associated monitoring equipment; or any equipment that could generate oil residues;

- fuel tanks for operation or for carriage; or

- any other equipment that would be subject to MARPOL Annexes I and VI.

These barges will not be required the issuance of an IAPP and a COPP on behalf of Canada.

Federal Vaccination Mandate – Oversight of the new Interim Order No.3

(FlagStateNet 05-2022, see FlagStateNets)

Starting on April, 1, 2022, during any inspection of a vessel to which the Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19) applies, Recognised Organisation (RO) must report using reporting webform to update TCMSS of their inspection result using the “IO Vaccination - Delegated Domestic Vessel Checklist”.

The Interim Order (IO) is applicable to vessels in operation with the actual number of persons on board (crew, supernumeraries, technicians) of 12 or more, and to the passengers of a cruise ship (defined within the IO).

Recognised Organisation (RO) is not required to review the content of the Vaccination policy but simply verify if a copy is kept on board (any type of format is acceptable). Private information about crew vaccination status does not need to be on board the vessel and is not required to be verified by Recognised Organisation (RO), only the records showing that the status was verified by the master is needed (again, no prescribe format). A master must demonstrate that all persons, crew and pilots coming on board of his vessel, are complying with the intent of the IO.

Recognised Organisation (RO) surveyors shall verify the presence of the following 4 items on board the vessel:

1. Whether a copy of the “Vaccination Policy” is available on board (Item CAN0802).

2. Whether the records of familiarization of all crew, with the Vaccination Policy are available on board (Item CAN0803).

3. Whether the records of crew vaccination status checks, as per the company policy, are available on board (Item CAN0804).

4. Whether the records of visitor’s vaccination status checks, as per the company policy, are available on board (Item CAN0805).

Recognised Organisation (RO) must contact the DSIPLO to explain inspection result if there is a deficiency found. Recognised Organisation (RO) is not delegated to enforce the IO and any further action will be taken by TCMSS if non compliance is noted.

Verification of compliance with Life Saving Equipment Regulations

(FlagStateNet 03-2022, see FlagStateNets)

Life Saving Equipment Regulations (LSER) Section 111 states that every passenger ship that are more than 15 GT, or carrying 12 or more passengers, shall have an evacuation procedure for the safe evacuation of the complement from the ship within 30 minutes after the abandon-ship signal is given. Also applicable to vessels which holds a domestic passenger ship certificate, due to an MTRB (e.g. OSV).

The Work Instructions (WI), attached to FlagStateNet 03-2022, provides guidance on how to evaluate the ships’ evacuation procedure and verify compliance with section 111 of the LSER, for any new or existing passenger vessels during the oversight inspections.

ISM Code

Authorizations & Instructions

Transport Canada - Marine Safety & Security Contact Person

(Extract of “Instructions_to_ROs_for_ISM_audit”)

The point of contact for all matters related to ISM Code Certification, including notification of a Company’s Document of Compliance (DOC) audits and vessel Safety Management Certificate (SMC) audits: Manager, Safety Management Standards & Authorization (AMSDA) Transport Canada Marine Safety & Security, Tower “C”, Place de Ville 11^th floor, 330 Sparks Street, Ottawa, Ontario CANADA K1A 0N5

Telephone: (613) 991-3142 Facsimile: (613) 991-4818 E-mail: amsa@tc.gc.ca and VR-IB@tc.gc.ca

Any inquiries related to the overall monitoring of ISM code certification should be directed to the above person. See also sections 6.2.6 and 7.0 for copies of any statutory certificates and contact information concerning notification of audits. Transport Canada will maintain a distribution list for onward transmission to the regions.

Maritime Cyber Risk Management

(Administration email dated 16/12/2020)

The Administration reminds that Companies must, no later than the first annual verification of their Document of Compliance (DOC) after 1 January 2021, demonstrate that cyber security is an integral part of the safety management system.

The Administration is recommend considering guideline MSC-FAL.1/Circ.3, when ensuring that cyber risks are appropriately addressed in safety management systems.

Appendix — Agreement governing the delegation of statutory certification functions

Agreement & schedules

See the attached files:

1. “Agreement_RO_Canada_01012017”,

2. “ScheduleA_Canada_RO_01012017”

3. “ScheduleB_Canada_RO_01012017”,

4. “Certificate of Authorization_01012017”,

5. “Addendum Agreement Chapter 4 of MARPOL Annex VI”.

6. “RDIMS-20249954-CHANGE_DELEGATION_SHEDULE_A_AND_B”

A revised Agreement and its Annexes (Schedule A and Schedule B) have been signed, commencing on the 1^st January 2017.

Appendix — Canadian forms

List of forms covered by the Agreement

These forms are available in the GCcollab TCMSS - DSIP Community (see Transport Canada (TC) Documents for instructions to use) in folder “List of TCMSS Forms - DSIP”.

Appendix — Delegated Statutory Inspection Programme

DSIP - Policy and procedures

Refer to the website: http://www.tc.gc.ca/eng/marinesafety/tp-tp13585-policy-menu-3501.htm

Tier III - Work Instructions

Refer to the DSIP work instructions in the attached file “DSIPworkInstructions”.

Transport Canada (TC) Documents

All DSIP documents are available in the GCcollab TCMSS - DSIP Community (see Transport Canada (TC) Documents for instructions to use) in folder “DELEGATION”.

Appendix — Regulations to be applied under CSA 2001

General

On July 1, 2007, the Canada shipping Act, 2001 (CSA 2001) replaced the Canada shipping Act (CSA) as the principal legislation governing safety in marine transportation and protection of the marine environment. It applies to Canadian vessels operating in all waters and to all vessels operating in Canadian waters (from canoes and kayaks to cruise ships and tankers). The CSA 2001 promotes the sustainable growth of the marine shipping industry without compromising safety.

See the attached file “13585-msms-I-compliance-enforcement-csa2001”.

Various regulations and orders are pursuant to the CSA 2001. A list of the relevant Regulations and Orders is given hereunder.

Marine Safety Publications are also available, they contain additional technical information.

http://www.tc.gc.ca/eng/marinesafety/tp-menu-515.htm

According to an email received from Transport Canada Marine Safety dated 15/04/2011, Recognised Organisation (RO) surveyors acting on behalf of the Minister (“Marine Safety Inspectors”), are asked to be mindful of the requirements marked in bold below each one of the following regulations, the Canada shipping Act 2001, the marine personnel Regulations and the fire and boat drill Regulations and take the appropriate action as necessary.

Consolidated text of the CSA 2001

Canada Shipping Act, 2001 (2001, c. 26)

Section 106 outlines the responsibilities of the Authorized Representative in maintaining a vessel in compliance with the requirements of regulations, developing procedures for the safe operation of the vessel, and ensuring the crew and passengers receive safety training.

Marine Safety inspectors are requested to remind the master of a vessel, that it is the duty of the master to rectify, or otherwise report to the AR for rectification, any conditions which would indicate that the vessel fails to continue to meet the requirements of any applicable regulations.

Regulations pursuant to the CSA 2001

Regulations made under this Act are available at https://laws-lois.justice.gc.ca/eng/acts/c-10.15/.

Fire and Boat Drills Regulations (SOR/2010-83)

Section 22 states that the master shall perform sufficient drills onboard a vessel to ensure that the crew is “at all times competent and operationally ready to respond to emergencies”. Each annual inspection (or monitoring inspection), is an opportunity for Marine Safety inspectors to verify this requirement by witnessing a drill, if deemed necessary in the opinion of the Inspector.

Section 37 stipulates the records required to be maintained by the master of the vessel in regards to drills and specific safety actions. Marine Safety inspectors are requested to review the record referred to in section 37 (1) at each annual or monitoring inspection. Should the record be unavailable, out of date, or otherwise not as required, the inspector is to note this as a deficiency and request that the master rectify.

Marine Personnel Regulations (SOR/2007-115)

Section 206 outlines specific responsibilities of the Authorised Representative and the master in regards to the training of crew assigned to duties onboard vessels. Marine Safety inspectors are requested to review the record referred to in section 206 (2) (b) at each annual or monitoring inspection. Should the record be unavailable, the inspector is to note this as a deficiency and request that the master rectify.

Vessel Safety Certificates Regulations (VSCR) (SOR/2021-135) and Canadian Inspection Standard (TP 15456)

(FlagStateNet 03-2021, see FlagStateNets)

On June 23rd 2021, the Vessel Safety Certificates Regulations (VSCR) came into force.

The following are implemented (see attached file FlagStateNet 03-2021):

• TIER 1 POLICY – Plan approval and inspection for Canadian Vessels subject to the Vessel Safety Certificate Regulations (RDIMS #17664628)

• TP15456 - Canadian Vessel Plan Approval and Inspection Standard. (RDIMS #17664686)

• Ship Safety Bulletin (SSB) No. 10/2021 - New Vessel Safety Certificates Regulations and Canadian Inspection Standard

• TIER III Work Instruction - “Processing request for deviation from inspection provision made under TP15456”.

From an inspection and certification aspect, the requirements remain generally the same as previously. The main changes are related to the periodicity of dry-docking, acceptance of underwater surveys, and machinery inspections (e.g. running hours, continuous survey). These are now built into the standard TP15456, in line with MTRB that has been issued on a regular basis over the past years, and no longer require and exemption through an MTRB.

The other major change is that any deviation from the standard TP15456 requirements will no longer be subject to MTRBs. The process for acceptance of the deviation is in some case delegated to the region, at different levels, or may require a national policy decision.

All existing MTRBs that has a reference to repealed regulations and became invalid following the coming into force the Vessel Safety Certificate regulations, have been reviewed and notification letters (total of 500 letters) for three different scenarios were sent to Authorized Representatives and ROs advising the appropriate action required for each impacted MTRB.

Finally, changes have been made to the voyage classifications, in particular the re-introduction of inland water voyages, and the redefinition of sheltered water voyages (in line with the previously issued SSB 17/2020).

(Email from Administration dated 12 May 2022)

The process for submission of a deviation within the framework of TP15456, must be conducted by Recognised Organisation (RO) surveyors, using TIER III - Work Instruction “Processing request for deviation from inspection provision made under TP15456”:

1. The Authorized Representative (AR) submit a formal request to Recognised Organisation (RO).

2. Recognised Organisation (RO) review and submit the request to the regional DISPLO together with:

   • technical details,

   • justification,

   • identification of similar request,

   • propose time duration and

   • recommendation to accept or deny the request.

3. the DSIPLO review the submission and prepare a decision letter, indicating the grant or deny of the request. Decision letter is transmit to Recognised Organisation (RO) for communication to the AR.

4. Recognised Organisation (RO) must be in the position to correctly explain the rational of the decision to the AR.

For submission of any deviation from TP15456, Recognised Organisation (RO) surveyors are required to complete the submission by using form “REQUEST FOR DECISION OF THE MARINE TECHNICAL REVIEW BOARD (MTRB)”  (#80-0007) in attached files.

Vessel Construction and Equipment Regulations (VCER) (SOR/2023-257)

(FlagStateNet 11-2023, see FlagStateNets)

The Vessel Construction and Equipment Regulations (VCER) contain design, construction and equipment requirements for new vessels based on the SOLAS Convention with some Canadian modifications.

The inspections of those requirements will be found within the TP 15456 - Canadian Vessel Plan Approval and Inspection Standard - (02/2023), which is currently being amended.

However, since these are not immediately applicable to existing vessels (With the exception of the limitation on grandfathering found under section 9 of the VCER. Guidance will be sent separately), there is no immediate impact on the inspection of existing vessels that will be carried out in the coming months.

Revisions of TP 7301 and TP 10943 following the VCER implementation

(FlagStateNet 10-2024, see FlagStateNets)

The Standards TP7301 and TP10943 have been amended for the purpose of the Vessel Construction and Equipment Regulations (VCER). The applications of the amended standards (2023) are the same as for the VCER Part 1 in which they are incorporated by reference, i.e. applicable to vessels that are 24 metres or more in length, or safety convention passenger vessels of any size.

For vessel to which other construction regulations apply, such as the Fishing Vessel Safety Regulations, the Large Fishing Vessel Inspection Regulations, the Hull Construction Regulations, or the Small Vessel Regulations the previous editions of the standards, TP 7301(1975) and TP 10943(2007) continue to apply.

Other related Acts and Regulations

- Canada Shipping Act (R.S.C., 1985, c. S-9) - [Repealed]

- Arctic Shipping Safety and Pollution Prevention Regulations (SOR-2017-286) available at https://laws.justice.gc.ca/eng/regulations/SOR-2017-286/index.html

Appendix — Domestic radio inspection - Canadian coast guard checklist

Domestic check sheet

See the attached file “SRI_checklist”.

Appendix — Decisions MTRB Secretariat

Types of Decisions coordinated through the MTRB Secretariat:

• MTRB Decisions;

• Letters of Agreement in Principle;

• Policy Decisions;

• Decisions under Section 11 of the Arctic Shipping Pollution Prevention Regulations;

MTRB Decisions:

The Canada Shipping Act, 2001 (CSA, 2001) grants authority to the Marine Technical Review Board (MTRB) to make decisions on applications for an exemption from, or the replacement of, any requirement under the regulations in respect of a Canadian vessel or in respect of the issuance of a Canadian maritime document to a person.  This means an application can be made to the Marine Technical Review Board for:

• The requirements of any regulation made under the CSA, 2001;

• The requirements of any standard that are incorporated by reference;

•  The requirements of any international instruments that are made applicable in Canada through the CSA, 2001, or one of its regulations.

Letter of Agreement in Principle:

The Marine Technical Review Board cannot issue decisions to vessels that are not registered in Canada, which includes vessels under construction. If you have a request for such a vessel, submit an application for a “Letter of Agreement in Principle”.

Applications for Letters of Agreement in Principle (LOA) follow a similar process to the approval of MTRB Decisions, providing a set of conditions to be followed in lieu of completely meeting the regulatory requirements of the CSA, 2001.

Since the MTRB cannot issue decisions on vessels not registered in Canada, an LOA is used as an alternative means of for the applicant to determine what Transport Canada considers acceptable, however as an LOA has no official status under the CSA, 2001, the case must be reviewed by the MTRB once the vessel has been registered.

To do so, a letter requesting review of the LOA for MTRB decision must be submitted. The letter must confirm that the information provided with the LOA application has not changed and that all the conditions stated in the LOA have been met.  An application to the MTRB is then created by the MTRB Secretariat using the LOA application as background and the conditions of the LOA as proposed conditions. If the MTRB panel votes in favor of the application, it becomes a legally binding decision of the MTRB.

Please note that the conversion is automatic and does not allow for any change in the information proposed with the LOA application or amendments in conditions.  If the information provided with the LOA application has changed, the conditions of the LOA has not been met or conditions proposed for the MTRB decision are not the same as those in the LOA, a new application for MTRB decision must be provided.

For your information, Letters of Agreement in Principle are identifiable by the decision number prefix “L”, e.g., L XXXXX. 

Policy Decision

Transport Canada Marine Safety and Security has established a process, similar to that of the MTRB, for approving Policy Decisions for deviations from publications that are recognized as industry standards but are not regulatory, or that are not provisions of documents incorporated by reference within the CSA, 2001 regulations – such as Standards or Guidelines.

Examples of applications for exemption that have been treated as Policy requests include:

• use of Main and Emergency Switchboards which do not meet have "tinned" bus bar connections  (TP 127 – 9.4.1.6)

• exemption from full compliance with TP 10943 - Passenger Vessel Operations and Damaged Stability Standards (Non-convention vessels) (2007) section 7 (2) (c)

• carriage on a multi-hull vessel of 34 passengers instead of 30 as set out in TP 7301, Stab 5, Appendix B

Policy Decisions are reviewed by a panel in the same way as are reviewed the MTRB requests. The panel is made up of Subject Matter Expert(s), regional representatives and the Director-General.  Policy decisions can be identified by the prefix “P” in a decision number, e.g., P14002.

If you want to consult with a Subject Matter expert (SME) prior to submitting a Policy request, please contact the MTRB Secretariat.

Appendix — Ship Safety BulletinS & Flagstatenets

Ship Safety Bulletins

Ship Safety Bulletins are available at following address:

https://tc.canada.ca/en/marine-transportation/marine-safety/ship-safety-bulletins

FlagStateNets

All FlagStateNets are available in the GCcollab TCMSS - DSIP Community (see Transport Canada (TC) Documents for instructions to use) in folder “FLAGSTATENET”.

Appendix — Specific Certificates: National and bilingual International certificates.

List of International Bilingual Certificates

International Load Line Certificate (1966 / 88) Passenger Ship Safety Certificate Cargo Ship Safety Equipment Certificate Cargo Ship Safety Construction Certificate International Oil Pollution Prevention Certificate Form A – Supplement To The International Oil Pollution Prevention Certificate Form B – Supplement To The International Oil Pollution Prevention Certificate Mobile Offshore Drilling Unit Record Of Equipment For The Cargo Ship Safety Equipment Certificate (Form E) International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in bulk Continued list of Noxious Liquid Substances and their conditions of carriage International certificate of fitness for the carriage of dangerous chemicals in bulk Attachment “A” to the International certificate of fitness for the carriage of dangerous chemicals In Bulk Form P - Record Of Equipment For The Passenger Ship Safety Certificate International Tonnage Certificate (1969) Document Of Compliance (SOLAS) (ISM) Interim Document Of Compliance (SOLAS) (ISM) Interim Safety Management Certificate (ISM)Safety Management Certificate (ISM) Documents of Compliance - Special requirements for ships carrying dangerous goods Supplement to Inspection Certificate - Life Raft Register International Sewage Pollution Prevention Certificate Form T2(U) Certificate of test and thorough examination of derricks used in union purpose International Air Pollution Prevention certificate (IAPP)Supplement to the International Air Pollution Prevention Certificate (IAPP certificate) Register of lifting appliances and cargo handling gear Form T2 - Certificate of test and thorough examination of lifting appliances Form T3 - Certificate of test and thorough examination of annual thorough examination of loose gear and main accessory gear Form T4 - Certificate of test and thorough examination of wire rope before being taken into use Form T5 - Certificate of test and thorough examination of accommodation ladders / gangways together with their support and suspension points, wire ropes, winches and associated loose gear International Anti-fouling System certificate Record of Anti-fouling Systems Engine International Air Pollution Prevention (EIAPP) certificateSupplement to the Engine International Air Pollution Prevention certificate (EIAPP certificate) International Energy Efficiency (IEE) certificate Supplement to the International Energy Efficiency Certificate (IEE Certificate) Polar Ship CertificateInternational Ballast Water Management Certificate

Record of Equipment for High-Speed Craft Safety Certificate

List of National Certificates

Great Lakes and Inland Waters Of Canada Load Line Certificate Local Load Line Certificate Freeboard (Report on Load Line survey) Record Of Safety Equipment For A Vessel Operating On Non-Convention Voyages

Record of Equipment for Fishing Vessels

Canadian Oil Pollution Prevention Certificate Form A – Supplement To The Canadian Oil Pollution Prevention Certificate Form B – Supplement To The Canadian Oil Pollution Prevention Certificate Canadian Pollution Prevention Certificate for the carriage of Noxious Liquid Substances Continued list of Noxious Liquid Substances and their conditions of carriage Supplement to CPPCCertificate of fitness for the carriage of dangerous Chemicals in bulk Attachment “A” to the Certificate of fitness for the carriage of dangerous chemicals in bulk Statutory Inspection report of the Hull, Machinery and anchoring equipment of a Canadian registered cargo or passenger vessel Safety Inspection Certificate for a passenger vessel to which the SOLAS convention does not apply and that exceeds 15 tons Gross Tonnage or carries more than 12 passengers Safety Inspection Certificate for a vessel exceeding 150 tons Gross Tonnage plying as a non-passenger vessel Safety Inspection Certificate for a vessel exceeding 15 tons Gross Tonnage But not exceeding 150 tons Gross Tonnage plying as a non-passenger vessel Cargo Ship Safety Certificate Record of equipment for the Cargo Ship Safety Certificate (Form C) Additional Vessel Limitations - Appendix to forms 85-0431, 85-0432 and 85-0433 85-0453 Canadian Document of Compliance Canadian Safety Management CertificateCanadian Ballast Water Reporting Form (20 Tanks)Letter of Compliance (LOC) for Barges Carrying Oil.Letter of Compliance (LOC) for Barges Carrying Dangerous Chemical In BulkCargo Ship Safety Radio Certificate Declaration of radio survey Radio Inspection Certificate (Sea Coasts of Canada Radio Inspection Certificate) Radio Inspection Certificate (Great Lakes Radio Inspection Certificate) Safety Certificate for a High Speed Craft operating on voyages to which the safety convention does not apply