Cultural Property Export and Import Act (R.S.C., 1985, c. C-51)

Short Title

Marginal note:Short title

1 This Act may be cited as the Cultural Property Export and Import Act.

Interpretation

Marginal note:Definitions

2 In this Act,

Control List

Control List means the Canadian Cultural Property Export Control List established under section 4; (nomenclature)

expert examiner

expert examiner means a person or institution designated as an expert examiner under section 6; (expert-vérificateur)

export permit

export permit means a permit to export issued by a permit officer under this Act; (licence)

general permit

general permit means a permit to export issued by the Minister under section 17; (licence générale)

institution

institution means an institution that is publicly owned and is operated solely for the benefit of the public, that is established for educational or cultural purposes and that conserves objects and exhibits them or otherwise makes them available to the public; (établissement)

Minister

Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre)

permit officer

permit officer means a person designated as a permit officer under section 5; (agent)

public authority

public authority means Her Majesty in right of Canada or a province, an agent of Her Majesty in either such right, a municipality in Canada, a municipal or public body performing a function of government in Canada or a corporation performing a function or duty on behalf of Her Majesty in right of Canada or a province; (administration)

resident of Canada

resident of Canada means, in the case of a natural person, a person who ordinarily resides in Canada and, in the case of a corporation, a corporation that has its head office in Canada or maintains one or more establishments in Canada to which employees of the corporation employed in connection with the business of the corporation ordinarily report for work; (résident)

Review Board

Review Board means the Canadian Cultural Property Export Review Board established by section 18. (Commission)

Her Majesty

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Canadian Cultural Property Export Control List

Marginal note:Establishment of Control List

• 4 (1) The Governor in Council, on the recommendation of the Minister made after consultation with the Minister of Foreign Affairs, may by order establish a Canadian Cultural Property Export Control List.

• Marginal note:Inclusions

  (2) Subject to subsection (3), the Governor in Council may include in the Control List, regardless of their places of origin, any objects or classes of objects hereinafter described in this subsection, the export of which the Governor in Council deems it necessary to control in order to preserve the national heritage in Canada:

  • (a) objects of any value that are of archaeological, prehistorical, historical, artistic or scientific interest and that have been recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada;

  • (b) objects that were made by, or objects referred to in paragraph (d) that relate to, the aboriginal peoples of Canada and that have a fair market value in Canada of more than five hundred dollars;

  • (c) objects of decorative art, hereinafter described in this paragraph, that were made in the territory that is now Canada and are more than one hundred years old:

    • (i) glassware, ceramics, textiles, woodenware and works in base metals that have a fair market value in Canada of more than five hundred dollars, and

    • (ii) furniture, sculptured works in wood, works in precious metals and other objects of decorative art that have a fair market value in Canada of more than two thousand dollars;

  • (d) books, records, documents, photographic positives and negatives, sound recordings, and collections of any of those objects that have a fair market value in Canada of more than five hundred dollars;

  • (e) drawings, engravings, original prints and water-colours that have a fair market value in Canada of more than one thousand dollars; and

  • (f) any other objects that have a fair market value in Canada of more than three thousand dollars.

• Marginal note:Exclusions

  (3) No object shall be included in the Control List if that object is less than fifty years old or was made by a natural person who is still living.

• Marginal note:Deeming provision

  (4) For the purposes of this Act, an object within a class of objects included in the Control List is deemed to be an object included in the Control List.

Permit Officers

Marginal note:Designation of permit officers

5 The Minister, with the approval of the Minister of Public Safety and Emergency Preparedness, may designate any persons or classes of persons employed by the Canada Border Services Agency as permit officers to receive applications for export permits and to issue export permits under this Act.

Expert Examiners

Marginal note:Designation of expert examiners

• 6 (1) The Minister may designate any resident of Canada or any institution in Canada as an expert examiner for the purposes of this Act.

• Marginal note:Remuneration

  (2) An expert examiner that is not an agent of Her Majesty in right of Canada or a province or is not an employee of, or an employee of an agent of, Her Majesty in right of Canada or a province shall be paid such remuneration for services performed under this Act as may be approved by the Treasury Board.

• Marginal note:Expenses

  (3) An expert examiner or, where an expert examiner is an institution, the person acting for the institution is entitled, within such limits as may be established by the Treasury Board, to be paid reasonable travel and living expenses incurred while absent from his ordinary place of residence in connection with services performed under this Act.

Export Permits

Marginal note:Immediate issue of export permit

7 A permit officer who receives from a resident of Canada an application for an export permit shall issue the permit forthwith if the person applying for the permit establishes to the satisfaction of the permit officer that the object in respect of which the application is made

• (a) was imported into Canada within the thirty-five years immediately preceding the date of the application and was not exported from Canada under a permit issued under this Act prior to that importation;

• (b) was lent to an institution or public authority in Canada by a person who was not a resident of Canada at the time the loan was made; or

• (c) is to be removed from Canada for a purpose prescribed by regulation for a period of time not exceeding such period of time as may be prescribed by regulation for the purposes of this paragraph.

Marginal note:Determination by permit officer

• 8 (1) A permit officer who receives from a resident of Canada an application for an export permit in respect of an object shall, where he does not issue an export permit under section 7, and where he is not aware of any notice of refusal sent in respect of the object under subsection 13(1) during the two years immediately preceding the date of the application, determine whether the object is included in the Control List.

• Marginal note:Export permit where object not included in Control List

  (2) Where a permit officer determines that an object in respect of which an application for an export permit is made is not included in the Control List, the permit officer shall forthwith issue an export permit in respect of the object.

• Marginal note:Reference to expert examiner

  (3) Where a permit officer determines that an object in respect of which an application for an export permit is made is or might be included in the Control List, the permit officer shall forthwith refer the application to an expert examiner for consideration.

Marginal note:Determination by expert examiner

9 Where an application for an export permit is referred to an expert examiner pursuant to subsection 8(3), the expert examiner shall forthwith determine whether the object in respect of which the application is made is included in the Control List.

Marginal note:Where object not included in Control List

10 Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is not included in the Control List, the expert examiner shall forthwith in writing advise the permit officer who referred the application to issue an export permit in respect of the object and shall forthwith send a copy of that advice to the Review Board and the Minister.

Marginal note:Where object included in Control List

• 11 (1) Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is included in the Control List, the expert examiner shall forthwith further determine

  • (a) whether that object is of outstanding significance by reason of its close association with Canadian history or national life, its aesthetic qualities, or its value in the study of the arts or sciences; and

  • (b) whether the object is of such a degree of national importance that its loss to Canada would significantly diminish the national heritage.

• Marginal note:Export permit to be issued

  (2) Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is not of outstanding significance under paragraph (1)(a) or does not meet the degree of national importance referred to in paragraph (1)(b), the expert examiner shall forthwith in writing advise the permit officer who referred the application to issue an export permit in respect of the object and shall forthwith send a copy of that advice to the Review Board and the Minister.

• Marginal note:Export permit not to be issued

  (3) Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is of outstanding significance under paragraph (1)(a) and meets the degree of national importance referred to in paragraph (1)(b), the expert examiner shall forthwith in writing advise the permit officer who referred the application not to issue an export permit in respect of the object and shall provide the permit officer with the reasons therefor.

Marginal note:Issue of export permit

12 Subject to sections 14 and 16, a permit officer shall issue an export permit forthwith where the permit officer is advised by an expert examiner or directed by the Review Board to do so.

Marginal note:Notice of refusal

• 13 (1) Where a permit officer is advised by an expert examiner pursuant to subsection 11(3) not to issue an export permit, the permit officer shall send a written notice of refusal to the applicant, which notice shall include the reasons given by the expert examiner for the refusal.

• Marginal note:Copy to Review Board

  (2) A permit officer who sends a notice of refusal under subsection (1) shall forthwith send a copy thereof to the Review Board.

Marginal note:Deposit of copy

14 No export permit shall, unless it is issued under section 7, be issued under this Act for an object within a class of objects prescribed under paragraph 39(d), where the object is included in the Control List, until a copy of that object has been deposited by the person applying for the permit in such institution as the Minister may direct.

Marginal note:Alteration of permits by Minister and notice

15 The Minister may amend, suspend, cancel or reinstate any export permit, other than an export permit issued on the direction of the Review Board, and where an export permit is amended, suspended, cancelled or reinstated, the Minister shall forthwith send a written notice to that effect to the person who applied for the permit.

Marginal note:No export permit for two years

16 No export permit shall, unless it is issued under section 7 or on the direction of the Review Board pursuant to section 29 or 30, be issued under this Act in respect of an object, where the object is included in the Control List, during a period of two years from the date on which a notice of refusal was sent in respect of that object under subsection 13(1).

General Permits

Marginal note:General permits to export

• 17 (1) The Minister may issue to any resident of Canada who applies therefor a general permit to export any objects included in the Control List subject to such terms and conditions as the Minister may require and may at any time amend, suspend, cancel or reinstate any such permit.

• Marginal note:Open general permits to export

  (2) The Minister may, with the concurrence of the Minister of Foreign Affairs, issue generally to all persons a general permit to export objects within any class of objects that is included in the Control List and that is specified in the permit subject to such terms and conditions as the Minister may require and may, with the concurrence of the Minister of Foreign Affairs, at any time amend, suspend, cancel or reinstate any such permit.

Review Board

Review Board Established

Marginal note:Review Board established

• 18 (1) There is hereby established a board to be known as the Canadian Cultural Property Export Review Board, consisting of a Chairperson and not more than nine other members appointed by the Governor in Council on the recommendation of the Minister.

• Marginal note:Members

  (2) The Chairperson and one other member shall be chosen generally from among residents of Canada, and

  • (a) up to four other members shall be chosen from among residents of Canada who are or have been officers, members or employees of art galleries, museums, archives, libraries or other collecting institutions in Canada; and

  • (b) up to four other members shall be chosen from among residents of Canada who are or have been dealers in or collectors of art, antiques or other objects that form part of the national heritage.

• Marginal note:Acting Chairperson

  (3) The Review Board may authorize one of its members to act as Chairperson in the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant.

• Marginal note:Quorum

  (4) Three members, at least one of whom is a person described in paragraph (2)(a) and one of whom is a person described in paragraph (2)(b), constitute a quorum of the Review Board.