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

Regulations are current to 2017-12-11 and last amended on 2015-06-17. Previous Versions

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.

  • SOR/2015-155, s. 1(F).

Interpretation

[SOR/2015-155, s. 2(F)]

 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)

  • SOR/2015-155, s. 3.

Application for an Export Permit

 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 8.

Export Permits

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

  • SOR/2015-155, s. 9.
  •  (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.

  • SOR/2015-155, s. 10.

Terms and Conditions

 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.

  • SOR/2015-155, s. 11(F).
 
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