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

Act current to 2017-06-05 and last amended on 2014-11-01. Previous Versions

Cultural Property Export and Import Act

R.S.C., 1985, c. C-51

An Act respecting the export from Canada of cultural property and the import into Canada of cultural property illegally exported from foreign states

Short Title

Marginal note:Short title

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

  • 1974-75-76, c. 50, s. 1.

Interpretation

Marginal note:Definitions

 In this Act,

Control List

nomenclature

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

expert examiner

expert-vérificateur

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

export permit

licence

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

general permit

licence générale

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

institution

établissement

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

ministre

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

agent

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

public authority

administration

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

résident

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

Commission

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

  • 1974-75-76, c. 50, s. 2;
  • SI/80-153;
  • 1984, c. 40, s. 21.

Her Majesty

Marginal note:Binding on Her Majesty

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

  • 1974-75-76, c. 50, s. 2.

Canadian Cultural Property Export Control List

Marginal note:Establishment of Control List
  •  (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.

  • R.S., 1985, c. C-51, s. 4;
  • 1995, c. 5, s. 25;
  • 2001, c. 34, s. 37(F).

Permit Officers

Marginal note:Designation of permit officers

 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.

  • R.S., 1985, c. C-51, s. 5;
  • 1994, c. 13, s. 7;
  • 1999, c. 17, s. 121;
  • 2005, c. 38, ss. 59, 145.

Expert Examiners

Marginal note:Designation of expert examiners
  •  (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.

  • 1974-75-76, c. 50, s. 5.

Export Permits

Marginal note:Immediate issue of export permit

 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.

  • 1974-75-76, c. 50, s. 6.
Marginal note:Determination by permit officer
  •  (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.

  • 1974-75-76, c. 50, s. 7.
 
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