Cultural Property Export Regulations (C.R.C., c. 449)

Regulations are current to 2013-04-29

Cultural Property Export Regulations

C.R.C., c. 449

CULTURAL PROPERTY EXPORT AND IMPORT ACT

INTERPRETATION ACT

Regulations Respecting the Export From Canada of Cultural Property

SHORT TITLE

 These Regulations may be cited as the Cultural Property Export Regulations.

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Cultural Property Export and Import Act; (Loi)

“object”

“object” means any object or class of objects described in subsection 3(2) of the Act that is included in the Canadian Cultural Property Export Control List; (objet)

“public record”

“public record” means any original documentary material made by or received by a public authority or the predecessor in the territory that is now Canada of that public authority that contains information relating to the organization, function, procedure, policy or activity of that public authority. (pièce d’archives publiques)

APPLICATION FOR AN EXPORT PERMIT

 An application for an export permit to export any object shall be made in the form set out in Schedule I, signed by the applicant and forwarded to a permit officer.

 The following information shall be furnished and forwarded with an application referred to in section 3 in respect of the object to which the application applies:

  • (a) the name, address and telephone number of the applicant;

  • (b) where the applicant is not the owner of the object, the name, address and telephone number of the owner;

  • (c) the name, address and telephone number of the shipper or consignor;

  • (d) the name, address and telephone number of the consignee;

  • (e) subject to section 6, a description of the object in sufficient detail to clearly identify it;

  • (f) the proposed date of export of the object;

  • (g) details in respect of the purpose of exporting the object;

  • (h) the fair market value in Canada or, if sold, the selling price of the object;

  • (i) any other information required in the application form;

  • (j) any information requested by the permit officer to whom the application is made or by any expert examiner to whom the application has been referred or by the Minister where, in his opinion, the information furnished by the applicant requires clarification or the identification of the object is not in sufficient detail; and

  • (k) documentary evidence indicating the proposed destination of the object.

  •  (1) Subject to subsections (3) and (4), there shall be included with an application for an export permit in respect of an object a photograph or, in the case of an object that is a document, a photograph or photostatic copy of the object, satisfactory to the Minister, where the application is in respect of

    • (a) an object described in paragraph 2(a), (b) or (e) of Group I of the Control List;

    • (b) an object described in paragraph 3(a), (b), (c) or (d) of Group I of the Control List;

    • (c) an object or collection of objects described in item 4 of Group I of the Control List;

    • (d) an object described in any item in Group II, III, IV, V or VI of the Control List;

    • (e) an object described in paragraph 2(a) or (b), 3(a) or (b), 4(a) or (b) or 5(a) or (b) of Group VII of the Control List; and

    • (f) an object, other than a printed book, described in item 7 of Group VII of the Control List.

  • (2) Subject to subsection (4), there shall be included with an application for an export permit in respect of a collection of objects described in paragraph 2(c) of Group I of the Control List a photograph, satisfactory to the Minister, of each specimen in the collection.

  • (3) For the purposes of subsection (1), where an object described in paragraph (1)(e) or (f) contains more than 12 pages, the application for an export permit for that object need include only photograph or photostatic copies satisfactory to the Minister of 12 pages that are representative of the object as a whole.

  • (4) Subsections (1) and (2) do not apply to an application for an export permit in respect of the following objects:

    • (a) an object referred to in paragraph 6(a) of the Act, where the object was imported into Canada for a temporary purpose, other than resale, if the application includes

      • (i) a permit or document described in subparagraph 6(c)(i),

      • (ii) an ATA Carnet described in subparagraph 6(c)(iii), or

      • (iii) a declaration described in subparagraph 6(c)(iv);

    • (b) an object referred to in paragraph 6(b) of the Act if the application includes the reference number used by the institution or public authority to identify or catalogue the object; and

    • (c) an object referred to in paragraph 6(c) of the Act, where the object is to be exported by an institution or public authority if the application includes the inventory number, accession number or other reference number used by the institution or public authority to identify or catalogue the object.