Canadian Cultural Property Export Control List (C.R.C., c. 448)

Regulations are current to 2017-12-11

GROUP VObjects of Fine Art

Interpretation
  • [SOR/2005-260, s. 10(F)]

  • 1 The definitions in this section apply in this Group.

    drawing

    drawing means a unique artistic representation or work including calligraphy, usually on paper, parchment or vellum, executed in media such as pen and ink, ink wash, black or colour chalk, pastels, charcoal, graphite, water colour, gouache or metal-point. (dessin)

    painting

    painting means a unique artistic representation or work executed in oil-base pigments, fresco, collage, tempera, encaustic, synthetic or other media on stretched canvas, mounted paper, cardboard or other manufactured board, metal, glass, wood, silk or other support. (peinture)

    print

    print means an artistic representation or work usually on paper or vellum, executed in media such as woodcut, metalcut, wood engraving, engraving, etching, drypoint, mezzotint, aquatint, soft ground, lithography, monotype, cliché-verre or silk screen. (estampe)

    sculpture

    sculpture means an artistic representation or work in three dimensions that is carved, modeled or constructed and includes such a representation that has subsequently been cast in plaster, metal or other substance that will take on a rigid form. (sculpture)

    • SOR/95-170, s. 7;
    • SOR/97-159, s. 12;
    • SOR/2005-260, s. 11(F).

Objects of Fine Art

  • 2 An object of fine art that is made within or outside the territory that is now Canada by a person who at any time ordinarily resided in the territory that is now Canada and that

    • (a) in the case of drawing or print, has a fair market value in Canada of more than $5,000;

    • (b) in the case of a painting or sculpture, has a fair market value in Canada of more than $15,000; and

    • (c) in the case of works of fine art in media other than those listed in paragraph (a) or (b), or works of art in multi-media, has a fair market value in Canada of more than $5,000.

    • SOR/95-170, s. 8(F);
    • SOR/97-159, s. 13.
    • 3 (1) Objects of fine art made within or outside the territory that is now Canada, namely,

      • (a) a drawing or print that has a fair market value in Canada of more than $7,500,

      • (b) a painting or sculpture that has a fair market value in Canada of more than $20,000, and

      • (c) a work of fine art in media other than those listed in paragraph (a) or (b), or works of fine art in multi-media, that has a fair market value in Canada of more than $7,500,

    • (2) The object referred to in paragraph (1)(a), (b) or (c) must

      • (a) have been commissioned by a person who at any time ordinarily resided in the territory that is now Canada,

      • (b) incorporate a Canadian theme or subject, or

      • (c) be identified with a prominent person, institution or memorable event that relates to the art history, history or national life of Canada.

    • SOR/95-170, s. 9;
    • SOR/97-159, s. 13.
  • 4 Objects of fine art, other than the objects described in section 2 or 3, that are made outside the territory that is now Canada, namely,

    • (a) a drawing or print that has a fair market value in Canada of more than $15,000;

    • (b) a painting or sculpture that has a fair market value in Canada of more than $30,000; and

    • (c) a work of fine art in media other than those listed in paragraph (a) or (b), or works of fine art in multi-media, that has a fair market value in Canada of more than $20,000.

    • SOR/97-159, s. 13.
  • 5 For prints executed since 1880, a distinction shall be made between an original print in which the artist has had direct control in the preparation of the printing surface or photomechanical process involved and a reproduction made by only photomechanical means.

    • SOR/80-855, s. 1.
  • 6 The date of a print is established by the date of the execution of the printing surface or the date of the impression from the printing surface.

    • SOR/80-855, s. 1;
    • SOR/86-329, ss. 10 to 13.
  • 7 Photographs are included in Group VII of this List.

    • SOR/97-159, s. 14.
 
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