Maritime Safety Reform Act (2025)

Republic of Newfoundland

Act No. 14 of 2025

An Act

to reform and modernize maritime safety regulation, strengthen vessel inspection and certification standards, enhance the protection of life at sea, and promote environmental and operational safety within the maritime transport sector of the Republic of Newfoundland.

ENACTED by the Parliament of the Republic of Newfoundland as follows:

PART I – PRELIMINARY

1. Short Title

This Act may be cited as the Maritime Safety Reform Act (2025).

2. Commencement

This Act shall come into force on such date as the Minister may, by notice published in the Government Gazette, appoint; and different dates may be appointed for different provisions.

3. Interpretation

In this Act, unless the context otherwise requires—

“Authority” means the Maritime Safety Authority established under section 7;
“Minister” means the Minister responsible for maritime transport;
“vessel” means any ship, boat, barge, or floating structure used in navigation, whether commercial or private;
“maritime operator” means any person or company engaged in the operation, management, or ownership of vessels within the jurisdiction of the Republic of Newfoundland;
“port facility” includes harbours, docks, terminals, and associated maritime infrastructure.

PART II – ESTABLISHMENT OF THE MARITIME SAFETY AUTHORITY

4. Establishment of Authority

There is hereby established a body to be known as the Maritime Safety Authority (MSA), which shall be a corporate body with perpetual succession and a common seal.

5. Functions of the Authority

The functions of the Authority are to—
(a) regulate, oversee, and enforce maritime safety standards;
(b) inspect, certify, and register vessels operating within national waters;
(c) investigate maritime accidents and incidents;
(d) ensure compliance with international maritime conventions;
(e) promote training and certification of seafarers; and
(f) advise the Government on policy matters relating to maritime safety and environmental protection.

6. Powers of the Authority

The Authority shall have power to—
(a) issue safety directives, rules, and codes of practice;
(b) suspend or revoke vessel certification for non-compliance;
(c) impose administrative penalties; and
(d) enter into cooperative arrangements with regional and international maritime bodies.

PART III – SAFETY REGULATIONS AND COMPLIANCE

7. Vessel Registration and Certification

(1) No vessel shall operate within the territorial waters of the Republic of Newfoundland unless it has been duly registered and certified in accordance with this Act.
(2) Certificates of seaworthiness shall be valid for such period as may be prescribed by regulation.
(3) The Authority may conduct unannounced inspections to ensure compliance.

8. Safety Management Systems

Every commercial maritime operator shall establish and maintain a Safety Management System (SMS) consistent with the International Safety Management (ISM) Code, and submit annual compliance reports to the Authority.

9. Crew Competency and Training

(1) All officers and crew serving aboard vessels shall hold valid certificates issued or recognized by the Authority.
(2) The Authority shall maintain a national registry of licensed seafarers.
(3) The Minister may, by regulation, establish minimum training standards and continuous education requirements.

PART IV – INVESTIGATION AND ENFORCEMENT

10. Marine Casualty Investigations

(1) The Authority shall investigate all marine casualties and serious incidents occurring in national waters or involving vessels registered in the Republic.
(2) The purpose of such investigations shall be the prevention of future accidents, not the apportionment of blame.
(3) The Authority shall publish investigation reports within a reasonable time following completion.

11. Enforcement and Penalties

(1) Any person who contravenes or fails to comply with this Act or any regulation made thereunder commits an offence.
(2) A person convicted of an offence under this Act shall be liable—
(a) for a first offence, to a fine not exceeding N$500,000;
(b) for a second or subsequent offence, to a fine not exceeding N$1,000,000 or imprisonment for a term not exceeding two (2) years, or both.
(3) Where an offence is committed by a body corporate, every director or officer who consented to or connived in the commission of the offence shall also be deemed guilty.

PART V – ENVIRONMENTAL AND OPERATIONAL SAFETY

12. Pollution Prevention

(1) The discharge of oil, hazardous substances, or waste from vessels into national waters is prohibited except as permitted under applicable international conventions.
(2) The Authority shall enforce compliance with the MARPOL Convention and other international instruments to which the Republic of Newfoundland is a party.

13. Emergency Preparedness

All vessels and port facilities shall maintain approved emergency response and contingency plans covering fire, collision, grounding, and pollution incidents.

PART VI – MISCELLANEOUS AND TRANSITIONAL PROVISIONS

14. Regulations

The Minister may make regulations for carrying into effect the provisions of this Act, including matters relating to—
(a) safety inspection procedures;
(b) fees and charges;
(c) certification and training; and
(d) accident reporting and data management.

15. Repeal and Savings

(1) The Maritime Safety Act (1994) and all subsidiary legislation made thereunder are hereby repealed.
(2) Any licence, certificate, or permit issued under the repealed Act shall remain valid until its expiry or replacement under this Act.

16. Transitional Provisions

The Maritime Safety Authority shall assume the rights, obligations, and assets of the former Department of Marine Safety upon commencement of this Act.

PASSED by the Parliament of the Republic of Newfoundland this 28th day of October, 2025.
ASSENTED TO by the President on this 2nd day of November, 2025.

Her Excellency Dr. Eleanor Marsh
President of the Republic of Newfoundland

Rt. Hon. David Penrose
Prime Minister

Hon. Thomas Greeley
Minister for Transport and Maritime Affairs