Document ID: chunk:federal_register_of_legislation:F2024C00342:front:0:p7
Version: federal_register_of_legislation:F2024C00342
Segment Type: other
Provision Reference: 
Character Range: 15450–18144

about safety certificates because those decisions are reviewable by the Administrative Appeals Tribunal — see subsection 313(1) of the Navigation Act.
Subdivision 2.2 MODU safety certificates

10 Criteria for the issue of MODU safety certificates
        For paragraph 100(1)(b) of the Navigation Act, the criteria for the issue of a MODU safety certificate are the following:
(a) the vessel is a MODU;
(b) if the vessel has an arrangement with a classification society for survey and inspection — a valid certificate of classification;
(c) the vessel has completed an initial or renewal survey conducted by an issuing body in accordance with the MODU Code that applies to the vessel;
(d) the vessel meets the standards, including arrangements, mentioned in the MODU Code that applies to the vessel.

11 Conditions of MODU safety certificates
        For paragraph 100(2)(a) of the Navigation Act, a MODU safety certificate is subject to the conditions that:
(a) the vessel and its equipment are maintained in accordance with the MODU Code that applies to the vessel; and
(b) the MODU Code that applies to the vessel and Chapter 14 of the 2009 MODU Code are on board the vessel at all times and available to seafarers; and
(c) the vessel complies with Chapter 14 of the 2009 MODU Code whether or not that Code applies to the vessel; and
(d) for any gas cylinder on the vessel — its stowage is:
 (i) separate from any cylinder of breathing medium for use in diving operations; and
 (ii) at least 3 m from accommodation areas, the navigating bridge and the radio room; and
(e) the owner of the vessel can demonstrate that an arrangement for the transfer of personnel by a safe means is implemented on the vessel; and
(f) the following is available for perusal on the vessel without the need for any seafarer to request access:
 (i) the determination required under section 51 of the Navigation Act;
 (ii) any safe manning document determined under subsection 10(2) of Marine Order 21 (Safety and emergency arrangements) 2016; and
(g) the survey of the vessel, and inspection of the outside of the bottom of the vessel, is conducted by an issuing body in accordance with the MODU Code that applies to the vessel; and
(h) the certificate is endorsed following the completion of the annual survey, intermediate survey or inspection of the outside of the bottom of the vessel; and
(i) after any survey required by this Marine Order has been completed, any change to the structure, equipment, fittings, arrangements or material covered by the survey, other than the direct replacement of equipment or fittings, is approved by the issuing body.
Note 1   The safe transfer of personnel is an arrangement