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Safety Management Regulations
CANADA SHIPPING ACT
Safety Management Regulations
SOR/98-348
Interpretation
1. (1) In these Regulations, "company" has the meaning
assigned in Regulation 1 of Chapter IX of the Safety Convention.
(2) For the purpose of interpreting Chapter IX of the Safety Convention, references in
the International Safety Management (ISM) Code to "should" shall be read as
"shall".
Application
2. These Regulations apply in respect of Safety Convention ships that
are
(a) passenger ships; or
(b) cargo ships that are 500 tons gross tonnage or more.
Inspections
and Documents of Compliance
3. (1) Steamship inspectors may issue the Documents of Compliance
referred to in Regulation 4(1), and the Safety Management Certificates referred to in
Regulation 4(3), of Chapter IX of the Safety Convention and may, for the purpose of
performing the verifications referred to in Regulations 4(3) and 6(1) of that Chapter,
enter any premises at any reasonable time to carry out an inspection.
(2) Living quarters may not be entered under subsection (1) unless they are entered
with the consent of the occupant.
(3) In carrying out an inspection, a steamship inspector may
(a) direct any person on the premises where the inspection is being carried out to
furnish any information or to produce any document that is relevant to the matter being
verified;
(b) use or cause to be used any computer system or data processing system on the
premises where the inspection is being carried out to examine any data contained in, or
available to, the system;
(c) reproduce or cause to be reproduced any record from the data in the form of a
print-out or other intelligible output; and
(d) use or cause to be used any copying equipment on the premises where the inspection
is being carried out to make copies of any document.
(4) Every person on the premises where an inspection is being carried out shall provide
all reasonable assistance to facilitate the inspection, including complying with a
direction made under paragraph (3)(a).
Company Responsibilities
4. Every company shall comply with, and ensure that its ships comply
with, Regulations 3, 4.2 and 5 of Chapter IX of the Safety Convention.
5. [Repealed, SOR/2001-294]
6. [Repealed, SOR/2001-294]
Established by
SOR/98-348 18 June, 1998
pursuant to section 314, paragraphs 657(1)(e) and (k) and subsection 657(2) of the Canada
Shipping Act, into force July 1, 1998
amended by:
SOR/2001-294 1 August, 2001 pursuant to section 314 of the Canada Shipping Act,
into force on August 1, 2001.
Section 3 and the heading before it are replaced; the heading before section 5 and
section 5 and 6 are repealed.
SOR/2001-294 1 August, 2001 pursuant to section 314 of the Canada Shipping Act,
come into force on July 1, 2002.
The heading before section 1 and sections 1
and 2 are replaced.
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