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

Offences and Punishment

Marginal note:Export or attempt to export

40 No person shall export or attempt to export from Canada any object included in the Control List except under the authority of and in accordance with a permit issued under this Act.

Marginal note:No transfer of permits

41 No person who is authorized under a permit issued under this Act to export an object from Canada shall transfer the permit to or allow it to be used by a person who is not so authorized.

Marginal note:False information

42 No person shall wilfully furnish any false or misleading information or knowingly make any misrepresentation

• (a) in an application for a permit under this Act;

• (b) for the purpose of procuring the issue of a permit under this Act; or

• (c) in connection with the use of a permit issued under this Act or the disposition of any object to which such permit relates.

Marginal note:Import or attempt to import foreign cultural property

43 No person shall import or attempt to import into Canada any property that it is illegal to import into Canada under subsection 37(2).

Marginal note:Export or attempt to export

• 44 (1) No person shall export or attempt to export from Canada any property in respect of which an action has been instituted under subsection 37(3) while the action is being considered.

• Marginal note:Idem

  (2) No person shall export or attempt to export from Canada any property in respect of which an order has been made under subsection 37(5) except under the authority of and in accordance with a permit issued by the Minister under subsection 37(8).

Marginal note:Offences and punishment

• 45 (1) Every person who contravenes any of the provisions of subsection 36.1(2) and sections 40 to 44 is guilty of an offence and liable

  • (a) on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding twelve months or to both; or

  • (b) on conviction on indictment to a fine not exceeding twenty-five thousand dollars or to imprisonment for a term not exceeding five years or to both.

• Marginal note:Limitation period

  (2) A prosecution under paragraph (1)(a) may be instituted at any time within but not later than three years after the time when the subject-matter of the complaint arose.

Marginal note:Officers, etc., of corporations

46 Where a corporation commits an offence under this Act, any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on summary conviction or on conviction on indictment to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.

Marginal note:Venue

47 Any proceedings in respect of an offence under this Act may be instituted, tried or determined at the place in Canada where the offence was committed or at the place in Canada in which the person charged with the offence is, resides or has an office or place of business at the time of institution of the proceedings.

Marginal note:Evidence

• 48 (1) The original or a copy of a bill of lading, customs document, commercial invoice or other document (in this section called a “shipping document”) is admissible in evidence in any prosecution under this Act in relation to the sending or shipping of an object where it appears from the shipping document that

  • (a) the object was sent or shipped from Canada or came into Canada;

  • (b) a person, as shipper, consignor or consignee, sent or shipped the object from Canada or brought the object into Canada; or

  • (c) the object was sent or shipped to a particular destination or person.

• Marginal note:Proof of the facts

  (2) In the absence of evidence to the contrary, a shipping document that is admissible in evidence under subsection (1) is proof of any of the facts set out in paragraph (1)(a), (b) or (c) that appear from the shipping document.

General

Marginal note:Other lawful obligations

49 An export permit or other permit to export issued under this Act does not affect the obligation of any person to obtain any licence, permit or certificate to export that may be required under any other law or to pay any tax, duty, toll or other sum required by any law to be paid in respect of the export of any goods.

Marginal note:Customs officers’ duties

50 An officer, as defined in the Customs Act, before permitting the export or import of any object that the officer has reason to suspect is being exported or imported in contravention of any of the provisions of this Act or the regulations, shall satisfy himself that the exporter or importer has not contravened any of the provisions of this Act or the regulations and that all requirements thereof have been complied with in respect of that object.

Marginal note:Application of powers under the Customs Act

51 All officers, as defined in the Customs Act, have, with respect to any object to which this Act applies, all the powers they have under the Customs Act with respect to the export or import of goods and all the provisions of the Customs Act and regulations thereunder respecting search, detention, forfeiture and condemnation apply, with such modifications as the circumstances require,

• (a) to any objects tendered for export or import, exported or imported, or otherwise dealt with contrary to the provisions of this Act and the regulations; and

• (b) to all documents relating to objects described in paragraph (a).

Marginal note:Report to Parliament

52 As soon as practicable after receiving, pursuant to section 34, the report of the Chairperson of the Review Board, the Minister shall prepare and lay before Parliament a report of the operations under this Act for the fiscal year to which the report of the Chairperson relates and shall include therewith the report of the Chairperson.