FAQ

A Safety Management System (SMS) is a structured and documented system enabling ship operators to effectively manage safety and environmental risks. It involves a systematic approach to managing safety including the necessary organizational structures, accountabilities, policies, and procedures.

Transport Canada is expanding SMS requirements to include a wider range of vessels than currently required under SOLAS (International Convention for the Safety of Life at Sea). This expansion aims to increase safety management across a broader spectrum of the maritime industry, including smaller vessels previously not covered.

The implementation of SMS is becoming mandatory to enhance safety standards across the marine sector, aligning with international safety norms and helping operators manage and reduce risks associated with maritime operations.

Under the new regulations, all applicable vessels must obtain a Canadian Document of Compliance (DOC) which covers shore-based operations and a Canadian Safety Management Certificate (SMC) covering onboard operations.

• Class 1: SOLAS vessels and others with 500 GT engaged in international voyages.
• Class 2: Vessels of 500 GT and above not covered under Class 1 and passenger vessels carrying 50 or more passengers.
• Class 3: Canadian vessels longer than 24 metres except for vessels in classes 1 or 2.
• Class 4: Canadian vessels greater than 15 gross tonnes except vessels that are in classes 1 to 3 (Class 4A) or Canadian passenger vessels and towboats of not more than 15 gross tonnes except vessels that are in classes 1 to 3 (Class 4B).
• Class 5: Canadian vessels 24 metres or less, less than 15 gross tonnes and are not in class 4B.

The proposed regulations for the implementation of Safety Management Systems (SMS) are designed to encompass a broad range of commercial vessels operating in Canadian waters. However, there are specific types of vessels to which these regulations do not apply. These exemptions include:

• Vessels subject to the Fishing Vessel Safety Regulations;
• Non-propelled vessels that do not carry persons, dangerous chemicals in bulk, or oil in bulk;
• Human-powered vessels;
• Vessels used for whitewater rafting; and
• Pleasure craft.

Vessels in Classes 2 to 5 have a transitional period of up to three years to comply with the new requirements, varying by class and operation type.

Foreign vessels operating in Canadian waters will also need to have a documented SMS aligning with the safety standards required for Canadian vessels, with specific exceptions provided for certain types of vessels.

For more detailed information and updates on the upcoming changes, you can visit the dedicated sections on the Transport Canada website and the Canada Gazette. Links to these resources are available on their respective sites.

Lerus Canada's approach involves a detailed assessment of each vessel's specific operations and needs. Our SMS solutions are tailored to the unique requirements of different vessel types, including fishing vessels, workboats, passenger vessels, and yachts. We ensure that each SMS meets both regulatory requirements and operational efficiency goals.

The Designated Person Ashore (DPA) plays a critical role in the SMS framework. This individual acts as a link between the ship's crew and the company's shore-based management. The DPA is responsible for monitoring the safety and pollution-prevention aspects of the operation of each ship and ensuring adequate resources and support are provided.

Yes, a ship manager can serve as the Designated Person Ashore (DPA) provided they are able to fulfill the responsibilities effectively.

Non-compliance with the SMS regulations can result in various penalties, including fines and detentions of vessels. More significantly, it can lead to increased safety risks and operational inefficiencies, potentially harming the company's reputation and operational capabilities.

Before implementing an SMS, a company should conduct a thorough assessment of its current safety management practices and identify any gaps in compliance with the new regulations. Lerus Canada can facilitate this initial assessment, helping to outline a roadmap for SMS development tailored to specific operational and regulatory needs.

Lerus Canada integrates environmental protection measures into the SMS by including policies and procedures that minimize environmental impact. This includes waste management, spill prevention, and energy efficiency practices, ensuring that environmental stewardship is a key component of the overall safety management approach.

After obtaining the Document of Compliance (DOC) and Safety Management Certificate (SMC), a company must maintain continuous compliance with SMS regulations. This involves regular training, audits, updates to safety procedures, and corrective actions in response to internal audits or regulatory inspections.

SMS documentation and practices should be reviewed regularly, typically annually or more often if significant changes in operations or regulations occur. Lerus Canada assists in these reviews to ensure that the SMS remains relevant and effective in managing safety and compliance.

Challenges in implementing an SMS can include resistance to change, complexity of documentation, and ensuring continuous compliance. Lerus Canada addresses these challenges through clear communication, simplifying SMS processes, and providing ongoing support and training to ease the transition and foster a strong safety culture.

Implementing an SMS enhances safety, reduces the risk of incidents, ensures compliance with international and national regulations, and improves operational efficiency. It also helps in building a positive safety culture and reputation in the industry.