Safety management systems: the ISM Code and Canada's MSMSR

Canada’s Marine Safety Management System Regulations (MSMSR, SOR/2024-133) do not replace the ISM Code. They use it. Class 1 and Class 2 vessels must meet Part A of the ISM Code in full, Class 3 vessels meet Part A except sections 4 and 12, and Classes 4 and 5 follow a shorter list in the regulations that mirrors the Code’s six functional requirements. If you already run an ISM system, you know the structure Transport Canada expects from every class.

The MSMSR came into force on July 3, 2024, repealed the Safety Management Regulations (SOR/98-348), and, according to Transport Canada’s Ship Safety Bulletin 20/2024, brought about 16,000 more Canadian vessels under safety management requirements.

What is the ISM Code?

The International Management Code for the Safe Operation of Ships and for Pollution Prevention was adopted by the IMO on 4 November 1993 in resolution A.741(18). It became mandatory on 1 July 1998, when the 1994 amendments to SOLAS added Chapter IX.

Transport Canada lists who Chapter IX covers:

Ships on international voyages	Mandatory from
Passenger ships, including passenger high-speed craft	1 July 1998
Oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high-speed craft, 500 GT and over	1 July 1998
Other cargo ships and mobile offshore drilling units, 500 GT and over	1 July 2002

The Code has been amended several times since. Resolution MSC.104(73), in force on 1 July 2002, split it into Part A (Implementation) and Part B (Certification and Verification). The 2008 amendments in MSC.273(85), in force on 1 July 2010, set internal safety audits at intervals not exceeding twelve months.

At its core, paragraph 1.4 of the Code says every safety management system must have six functional elements:

a safety and environmental protection policy
instructions and procedures for safe operation and environmental protection, in line with international and flag State law
defined levels of authority and lines of communication between shore and shipboard personnel
procedures for reporting accidents and non-conformities
procedures to prepare for and respond to emergencies
procedures for internal audits and management reviews

Keep that list in mind. It is the backbone of every MSMSR class.

How the MSMSR uses the ISM Code, class by class

The MSMSR sorts Canadian vessels into five classes in section 1. The first three are tied to the ISM Code directly. The last two are not, but their content requirements follow the same six elements.

Class	Vessels	SMS standard	Certificates	Audit or review interval
1	Vessels to which SOLAS Chapter IX applies	ISM Code (ss. 100–104)	DOC and SMC	ISM Code paragraph 12.1 (s. 103)
2	500 GT or more, or certified for 50+ passengers and 24 m or more	ISM Code Part A in full (ss. 200, 201)	Canadian DOC and Canadian SMC	ISM Code paragraph 12.1 (s. 203(2))
3	Other vessels 24 m or more	ISM Code Part A, except sections 4 and 12 (s. 300(1))	Canadian DOC and Canadian SMC	Not exceeding 12 months (s. 303(2))
4	Over 15 GT, or 15 GT or less and passenger-carrying or a towboat	Sections 402–404 of the MSMSR	Canadian DOC and Canadian SMC (ss. 400, 401)	Not exceeding 12 months (s. 405(2))
5	All other vessels of 15 GT or less	Section 500 of the MSMSR	None	No set interval; continuous improvement

Two details in this table catch people out.

Class 3 drops sections 4 and 12 of the ISM Code. Section 4 is the designated person ashore. Section 12 is company verification, review and evaluation. The MSMSR replaces section 12 with its own audit rule for Class 3 (section 303): internal audits and management reviews at intervals of no more than 12 months. Nothing in the regulations replaces section 4.

Class 4 and 5 lists are the ISM list, renamed. Section 402 for Class 4 asks for a safety and environmental protection policy, instructions and procedures for compliance, levels of authority and lines of communication, reporting procedures, emergency procedures, and procedures for internal reviews. That is paragraph 1.4, item for item. Class 5, in section 500, swaps the last item for procedures for continuous improvement.

How ISM wording reads in Canadian law

The ISM Code is written as guidance. It says what a company “should” do. When the MSMSR incorporates it, section 3 changes how that text is read:

“should” is read as “must”
“Company” is read as “ship manager”
“Administration” is read as “Minister”
“ship” is read as “vessel”

For a Class 2 or Class 3 operator, this matters. Every “should” in Part A of the Code becomes a “must” in Canadian regulations.

The “ship manager” is the MSMSR’s term for the person responsible for managing the vessel’s shore-based and on-board operations. Under section 11, the authorized representative must identify the ship manager when Transport Canada asks.

The Designated Person Ashore

Section 4 of the ISM Code requires a designated person or persons ashore “having direct access to the highest level of management”, to monitor the safety and pollution prevention side of each ship’s operation and make sure adequate resources and shore support are applied.

Under the MSMSR, the position depends on class. TP 15566, Transport Canada’s guide to the regulations, says in section 3.2.2.1 that a DPA is required for Class 1 and 2 vessels and recommended for all other classes. Section 3.2.4 of the guide sets out qualification options for a DPA on domestic vessels.

For a small operator with Class 3, 4 or 5 vessels, “recommended” is worth taking seriously. Someone ashore still has to watch the records, chase overdue drills and escalate when a vessel needs resources.

Certificates, audits and records

Who certifies depends on whether the vessel is enrolled in the Delegated Statutory Inspection Program (DSIP). TP 15566 section 1.9 says the designated recognized organization (RO) carries out certification for DSIP vessels, and the regional Transport Canada Marine Safety and Security office does it for the rest. The guide notes that most Class 1, 2 and 3 vessels are enrolled with an RO.

Validity and endorsements:

Validity. Under TP 15566 section 1.7.1, MSMSR certificates are valid for up to five years. Under the ISM Code as amended by MSC.104(73), a DOC or SMC should not exceed five years either.
Endorsements. TP 15566 Table 1 sets them by class. A new Class 2 Canadian DOC is endorsed every year; a Class 3 Canadian DOC once between the second and third year; Class 3 SMCs and Class 4 documents need no endorsement.
Records. Class 2 audit and review records must be kept for at least five years (section 203(6)), as must Class 4 evaluation records (section 405(4)). TP 15566 applies the same five-year minimum to SMS documents generally (section 1.11.1) and accepts electronic records if they are always available on board or online.

Corrective action follows the same pattern for Class 1 and 2. Under sections 103 and 203(4) and (5), a deficiency found in an audit needs a timely corrective action plan that identifies the cause, fixes it and prevents it happening again.

What stays the same for SOLAS ships

Canadian vessels to which SOLAS Chapter IX applies are Class 1 and keep their ISM certification. The Document of Compliance and Safety Management Certificate are issued against the ISM Code, with internal audits and management reviews under section 12 of Part A (section 103 of the MSMSR).

Foreign vessels subject to SOLAS Chapter IX are also covered while in Canadian waters (section 6(b)). Section 8 requires them to carry a DOC and SMC issued by their flag State and to operate according to that system.

Mixed fleets: build once, to the ISM structure

Many Canadian operators run vessels in more than one class: a Class 2 ferry and Class 4 tenders, or a Class 3 tug and Class 5 workboats. Because every class uses the same six elements, one SMS built to the ISM structure can cover the whole fleet. The larger vessels use all of it. The smaller ones use the parts their class requires, with the same policy, the same reporting lines and the same records.

That also makes reclassification easier. A vessel that moves from Class 4 to Class 3, for example after a change in tonnage or length, keeps a system that already has the right shape.

Running the SMS in one place

Oceanaut follows the safety management system structure of the ISM Code, which the MSMSR also follows. Safety management keeps drills, audits, inspections, deficiencies and the SMS manual for every vessel, on your own forms and schedules, with root cause and preventive action recorded when a deficiency is closed.

This article is general information about the ISM Code and the MSMSR, not legal advice. Check the current regulations and Transport Canada guidance for your vessel.

Frequently asked questions

Is the MSMSR the same as the ISM Code?

No, but it is built on it. Class 1 and Class 2 vessels must meet Part A of the ISM Code in full, Class 3 vessels meet Part A except sections 4 and 12, and Classes 4 and 5 follow a shorter list in the regulations that mirrors the ISM Code's six functional requirements.

Do Canadian vessels on international voyages still need ISM certification?

Yes. A Canadian vessel to which SOLAS Chapter IX applies is a Class 1 vessel under the MSMSR, and its Document of Compliance and Safety Management Certificate are issued against the ISM Code.

Which MSMSR vessels need a Designated Person Ashore?

TP 15566 (section 3.2.2.1) says a DPA is required for Class 1 and 2 vessels and recommended for all other classes. For Class 3, the regulations exclude section 4 of the ISM Code, which is the designated person section.

How often must an SMS be audited under the MSMSR?

Class 1 and 2 follow paragraph 12.1 of the ISM Code, which since 2010 sets internal audits at intervals not exceeding twelve months. Class 3 audits and Class 4 evaluations must also be at intervals of no more than 12 months. Class 5 has no set interval, but TP 15566 recommends an evaluation at least every 12 months.

How long are MSMSR certificates valid?

TP 15566 (section 1.7.1) says Canadian maritime documents issued under the MSMSR are valid for up to five years. Some need an endorsement during that period, depending on the class.