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

Short Title

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

Interpretation

2 The following definitions apply 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 4(2) of the Act that is included in the 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

3 An application for an export permit to export any object shall be made in the form established by the Minister, signed by the applicant and forwarded to a permit officer.

4 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 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 if, in the opinion of one of them, the information furnished by the applicant requires clarification, or the identification of the object, is not in sufficient detail;

• (j) documentary evidence indicating the proposed destination of the object; and

• (k) any other information that is required.

• 5 (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 7(a) of the Act that 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 A.T.A. Carnet described in subparagraph 6(c)(iii), or

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

  • (b) an object referred to in paragraph 7(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 7(c) of the Act that 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.

6 When an application is being made for an export permit in respect of an object to which section  7 of the Act applies, the object may be identified in the application by setting out

• (a) the name of the object;

• (b) the name of the maker of the object; and

• (c) the reference number

  • (i) of the export permit issued by the government of the foreign state if that state authorized the exportation of the object into Canada, or the shipping document covering the entry into Canada of the object that clearly identifies the object if a copy of the export permit or shipping document, as the case may be, or a translation of it in one of the official languages, is forwarded with the application,

  • (ii) issued by an institution or public authority in Canada to identify or catalogue the object,

  • (iii) of an A.T.A. Carnet referred to in the Temporary Importation (Tariff Item No. 9993.00.00) Regulations that was issued in respect of the object on the last occasion the object was imported into Canada, or

  • (iv) of the appropriate import declaration made by the person who imported the object on the last occasion the object was imported into Canada.

7 When an application is being made for an export permit in respect of an object to which paragraph 7(a) of the Act applies, documentary evidence or a signed declaration by the applicant is required to establish that the object in respect of which the application is made was imported into Canada within the 35 years immediately preceding the date of the application and was not exported from Canada under a permit issued under the Act prior to that importation.

8 When a permit officer refers an application for an export permit to an expert examiner for consideration under subsection 8(3) of the Act, the expert examiner may, for the purpose of making a determination under section 9 of the Act, require the applicant to produce the object for their examination.

Export Permits

9 An export permit shall be issued in the form established by the Minister.

• 10 (1) An export permit shall only be valid for a period equal to 90 days calculated from the day the permit was issued.

• (2) When a person to whom an export permit has been issued requires the reinstatement of the permit when the permit has lapsed or has been suspended or cancelled, or an amendment to the permit, they shall forward the permit to the Minister with a request for reinstatement or amendment, as the case may be, and the reasons for it.

Terms and Conditions

11 Where an export permit has been issued under the Act, the person to whom the permit was issued shall, at the request of the Minister, provide any information that may be necessary to verify any statement made by that person in the application for the export permit and any information to establish

• (a) the identity of the consignee referred to in the application;

• (b) whether or not the object referred to in the export permit was delivered to the consignee; and

• (c) where the object was sold, the selling price of the object.

Removal of an Object from Canada Under Paragraph 7(c) of the Act

• 12 (1) A permit officer shall issue an export permit under paragraph  7(c) of the Act if the applicant for the permit certifies and establishes to that officer’s satisfaction that the object is to be removed from Canada for any of the following purposes:

  • (a) appraisal;

  • (b) authentication;

  • (c) conservation;

  • (d) exhibition;

  • (e) on loan;

  • (f) processing;

  • (g) research;

  • (h) restoration or repair; or

  • (i) as personal effects.

• (2) The length of time for which an object may be removed from Canada under an export permit issued under paragraph  7(c) of the Act shall be for a period not exceeding five years.

• (3) A person who applies for an export permit to export an object under paragraph  7(c) of the Act shall include in their application for the permit a written undertaking that they will return the object for which the permit was issued to Canada within the time prescribed in the permit.

13 If an object is removed from Canada under an export permit issued under paragraph 7(c) of the Act, the person to whom the permit was issued shall, at any time on the request of the Minister, forward to the Minister the following information:

• (a) details in respect of the place where the object is located or has been located during the period it is removed from Canada; and

• (b) where the object is damaged, destroyed or lost during the period it is removed from Canada, the details in respect of such damage, destruction or loss.

Notice of Return of an Object to Canada

• 14 (1) If an object has been removed from Canada under an export permit issued under paragraph 7(c) of the Act, the person to whom the permit was issued shall, within 15 days following the day on which the object is returned to Canada, forward to the Minister

  • (a) a Notice of Return in the form established by the Minister; and

  • (b) proof satisfactory to the Minister that the object described in the Notice of Return is the object for which the export permit was issued.

• (2) The following information shall be furnished in the Notice of Return referred to in subsection (1):

  • (a) the exporter’s name, address and telephone number;

  • (b) the reference number of the export permit issued in respect of the object; and

  • (c) documentary evidence indicating the port of entry and the day of entry of the object into Canada.

Objects Requiring Copies To Be Deposited

15 The following classes of objects are prescribed for the purposes of section 14 of the Act:

• (a) any original archive of national historic interest if it was made in the territory that is now Canada, made out of the territory by a person who at any time normally resided in the territory or made out of the territory and relates to the history or national life of Canada, namely,

  • (i) a textual record or document in manuscript form,

  • (ii) a map, cartographic record or document in manuscript form,

  • (iii) a map, cartographic record or document in printed form made prior to the year 1850,

  • (iv) a design, pictorial record or document in manuscript form,

  • (v) a design, pictorial record or document in printed form made prior to the year 1880, or

  • (vi) a photograph, photographic record or document made prior to the year 1900; and

• (b) any original public record made or received by a public authority that is a

  • (i) document in graphic or textual form,

  • (ii) photograph,

  • (iii) cinematographic film, or

  • (iv) sound recording.

Shipping Requirements

16 Every exporter of an object, or their authorized agent or mandatary, shall, before exporting the object described in the export permit issued in respect of that object, give the export permit to the collector of customs at the port of export.

17 When an exporter exports an object by means of Canada Post, the exporter shall give the export permit to the postmaster at the time of posting.

Application for a General Permit

18 An application for a general permit referred to in subsection  17(1) of the Act shall be made in the form established by the Minister, signed by the applicant and forwarded to the Minister.

19 The following information shall be furnished and forwarded with an application referred to in section 18:

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

• (b) the detailed reasons for the application setting out

  • (i) the area of the applicant’s business specialization, and

  • (ii) the inconvenience, if any, to obtain an export permit in respect of the individual export of objects;

• (c) a list describing any object exported under an export permit by the applicant during the six-month period preceding the date of the application together with the details in respect of each permit issued during that period;

• (d) the details of any current general permit held by the applicant;

• (e) the volume of the applicant’s commercial activities in respect of the purchase and sale of any objects;

• (f) the number of employees of the applicant, the distance between the applicant’s place of business and the nearest office of a permit officer;

• (g) any information requested by the Minister when, in the Minister’s opinion, the information furnished by the applicant requires clarification; and

• (h) any other information that is required.

20 A general permit referred to in subsection 17(1) of the Act shall be issued in the form established by the Minister.

Cultural Property General Permit Declaration

21 No person shall export any object under a general permit issued to them under subsection  17(1) of the Act unless that person or a person authorized to sign a Cultural Property General Permit Declaration by the general permit under which the object is to be exported, before exporting the object, completes a Cultural Property General Permit Declaration in respect of that object.

• 22 (1) A Cultural Property General Permit Declaration referred to in section 21 shall be in the form established by the Minister. The form shall be signed by one of the persons referred to in section 21 and shall state that the object intended for export from Canada is an object authorized to be exported from Canada under a general permit and that the conditions set out in that general permit have been met.

• (2) When an object is to be exported under a general permit issued under subsection 17(1) of the Act, the declaration referred to in section 21

  • (a) shall be given to the postmaster, if the object is to be sent by means of Canada Post; or

  • (b) shall be given to the collector of customs at the port of export, if the object is to be sent by means other than Canada Post.

Lost Permits

23 Where a permit issued under the Act has been lost or destroyed, the person to whom it was issued may request from the Minister a certified true copy of the permit and shall, in so requesting,

• (a) submit a statutory declaration stating whether the permit has been lost or destroyed and an explanation of the loss or destruction; and

• (b) in the case of a permit that has been lost, submit an undertaking to return to the Minister, without delay, the original permit, if it is found.