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

Act current to 2016-09-18 and last amended on 2014-11-01. Previous Versions

Marginal note:Determination by expert examiner

 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.

  • 1974-75-76, c. 50, s. 8.
Marginal note:Where object not included in Control List

 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.

  • 1974-75-76, c. 50, s. 8.
Marginal note:Where object included in Control List
  •  (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.

  • 1974-75-76, c. 50, s. 8;
  • 1980-81-82-83, c. 47, s. 53(E).
Marginal note:Issue of export permit

 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.

  • 1974-75-76, c. 50, s. 9.
Marginal note:Notice of refusal
  •  (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.

  • 1974-75-76, c. 50, s. 10.
Marginal note:Deposit of copy

 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.

  • 1974-75-76, c. 50, s. 11.
Marginal note:Alteration of permits by Minister and notice

 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.

  • 1974-75-76, c. 50, s. 12.
Marginal note:No export permit for two years

 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).

  • 1974-75-76, c. 50, s. 13.

General Permits

Marginal note:General permits to export
  •  (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.

  • R.S., 1985, c. C-51, s. 17;
  • 1995, c. 5, s. 25.

Review Board

Review Board Established

Marginal note:Review Board established
  •  (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.

  • R.S., 1985, c. C-51, s. 18;
  • 1995, c. 29, ss. 21, 22(E);
  • 2001, c. 34, s. 38.
Marginal note:Remuneration
  •  (1) Each member of the Review Board who 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 salary or other amount by way of remuneration as may be fixed by the Governor in Council.

  • Marginal note:Expenses

    (2) Each member of the Review Board 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 the work of the Review Board.

  • 1974-75-76, c. 50, s. 16.

Duties

Marginal note:Duties

 The Review Board shall, on request,

  • (a) pursuant to section 29, review applications for export permits;

  • (b) pursuant to section 30, make determinations respecting fair cash offers to purchase; and

  • (c) pursuant to section 32, make determinations for the purposes of subparagraph 39(1)(a)(i.1), paragraph 110.1(1)(c), the definition total cultural gifts in subsection 118.1(1) and subsection 118.1(10) of the Income Tax Act.

  • R.S., 1985, c. C-51, s. 20;
  • 1991, c. 49, s. 216.

Head Office and Sittings

Marginal note:Head office
  •  (1) The head office of the Review Board shall be at such place in Canada as the Governor in Council may by order prescribe.

  • Marginal note:Sittings

    (2) The Review Board may sit at such times and places in Canada as it considers necessary or desirable for the proper conduct of its business.

  • 1974-75-76, c. 50, s. 18.

Advisers

Marginal note:Expert advice
  •  (1) The Review Board may call on any person who has professional, technical or other special knowledge to assist it in any matter in an advisory capacity.

  • Marginal note:Valuation experts

    (2) The power of the Chief Administrator of the Administrative Tribunals Support Service of Canada under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act may be exercised to engage the services of valuation experts to assist the Review Board in making determinations pursuant to section 30 respecting fair cash offers to purchase or pursuant to section 32 respecting the fair market value of objects disposed of, or proposed to be disposed of, to institutions or public authorities.

  • R.S., 1985, c. C-51, s. 22;
  • 1991, c. 49, s. 217;
  • 2014, c. 20, s. 390.
 
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