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

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

[SOR/2015-155, s. 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 14.

Notice of Return of an Object to Canada

[SOR/2015-155, s. 15]
  •  (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.

  • SOR/2015-155, s. 16.

Objects Requiring Copies To Be Deposited

 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.

  • SOR/2015-155, s. 17.

Shipping Requirements

 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.

  • SOR/2015-155, s. 18.

 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.

  • SOR/2015-155, s. 18.

Application for a General Permit

 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 20.

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

  • SOR/2015-155, s. 21.

Cultural Property General Permit Declaration

 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.

  • SOR/2015-155, s. 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.

  • SOR/2015-155, s. 22.
 
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