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

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.