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

Marginal note:Deposit of copy

14 No export permit shall, unless it is issued under section 7, be issued under this Act for an object within a class of objects prescribed under paragraph 39(d), where the object is included in the Control List, until a copy of that object has been deposited by the person applying for the permit in such institution as the Minister may direct.

Marginal note:Alteration of permits by Minister and notice

15 The Minister may amend, suspend, cancel or reinstate any export permit, other than an export permit issued on the direction of the Review Board, and where an export permit is amended, suspended, cancelled or reinstated, the Minister shall forthwith send a written notice to that effect to the person who applied for the permit.

Marginal note:No export permit for two years

16 No export permit shall, unless it is issued under section 7 or on the direction of the Review Board pursuant to section 29 or 30, be issued under this Act in respect of an object, where the object is included in the Control List, during a period of two years from the date on which a notice of refusal was sent in respect of that object under subsection 13(1).

General Permits

Marginal note:General permits to export

• 17 (1) The Minister may issue to any resident of Canada who applies therefor a general permit to export any objects included in the Control List subject to such terms and conditions as the Minister may require and may at any time amend, suspend, cancel or reinstate any such permit.

• Marginal note:Open general permits to export

  (2) The Minister may, with the concurrence of the Minister of Foreign Affairs, issue generally to all persons a general permit to export objects within any class of objects that is included in the Control List and that is specified in the permit subject to such terms and conditions as the Minister may require and may, with the concurrence of the Minister of Foreign Affairs, at any time amend, suspend, cancel or reinstate any such permit.

Review Board

Review Board Established

Marginal note:Review Board established

• 18 (1) There is hereby established a board to be known as the Canadian Cultural Property Export Review Board, consisting of a Chairperson and not more than nine other members appointed by the Governor in Council on the recommendation of the Minister.

• Marginal note:Members

  (2) The Chairperson and one other member shall be chosen generally from among residents of Canada, and

  • (a) up to four other members shall be chosen from among residents of Canada who are or have been officers, members or employees of art galleries, museums, archives, libraries or other collecting institutions in Canada; and

  • (b) up to four other members shall be chosen from among residents of Canada who are or have been dealers in or collectors of art, antiques or other objects that form part of the national heritage.

• Marginal note:Acting Chairperson

  (3) The Review Board may authorize one of its members to act as Chairperson in the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant.

• Marginal note:Quorum

  (4) Three members, at least one of whom is a person described in paragraph (2)(a) and one of whom is a person described in paragraph (2)(b), constitute a quorum of the Review Board.

Marginal note:Remuneration

• 19 (1) Each member of the Review Board who is not an employee of, or an employee of an agent of, Her Majesty in right of Canada or a province shall be paid such salary or other amount by way of remuneration as may be fixed by the Governor in Council.

• Marginal note:Expenses

  (2) Each member of the Review Board is entitled, within such limits as may be established by the Treasury Board, to be paid reasonable travel and living expenses incurred while absent from his ordinary place of residence in connection with the work of the Review Board.

Duties

Marginal note:Duties

20 The Review Board shall, on request,

• (a) pursuant to section 29, review applications for export permits;

• (b) pursuant to section 30, make determinations respecting fair cash offers to purchase; and

• (c) pursuant to section 32, make determinations for the purposes of subparagraph 39(1)(a)(i.1), paragraph 110.1(1)(c), the definition total cultural gifts in subsection 118.1(1) and subsection 118.1(10) of the Income Tax Act.

Head Office and Sittings

Marginal note:Head office

• 21 (1) The head office of the Review Board shall be at such place in Canada as the Governor in Council may by order prescribe.

• Marginal note:Sittings

  (2) The Review Board may sit at such times and places in Canada as it considers necessary or desirable for the proper conduct of its business.

Advisers

Marginal note:Expert advice

• 22 (1) The Review Board may call on any person who has professional, technical or other special knowledge to assist it in any matter in an advisory capacity.

• Marginal note:Valuation experts

  (2) The power of the Chief Administrator of the Administrative Tribunals Support Service of Canada under subsection 11(2) of the Administrative Tribunals Support Service of Canada Act may be exercised to engage the services of valuation experts to assist the Review Board in making determinations pursuant to section 30 respecting fair cash offers to purchase or pursuant to section 32 respecting the fair market value of objects disposed of, or proposed to be disposed of, to institutions or public authorities.

23 [Repealed, 2014, c. 20, s. 391]

Rules and Procedure

Marginal note:Rules

24 The Review Board may make rules not inconsistent with this Act for the conduct of its proceedings and the performance of its duties and functions under this Act.

Marginal note:Review Board may receive information

25 The Review Board may receive any information presented to it orally or in writing that it considers to be relevant to any matter before it and in so doing it is not bound by any legal or technical rules of evidence.

Marginal note:Information given to applicant

26 The Review Board shall make the substance of any information received by it in respect of a matter before it known to the person who applied for an export permit in respect of the object to which the matter relates, or to the person, institution or public authority that applied for a determination under subsection 32(1), as the case may be, and, before the Review Board decides the matter, it shall give that person, institution or public authority an opportunity to make representations in respect of that information.

Marginal note:Exclusion from hearing

27 The Review Board may exclude any person not directly interested in a matter being heard before it from the hearing unless, where the matter is in respect of an object in respect of which an application for an export permit has been made, the applicant for the permit requests that the hearing be held in public, in which case it shall be so held.

Marginal note:Review Board shall dispose of matters informally and expeditiously

28 The Review Board shall dispose of any matter before it as informally and expeditiously as, in its opinion, the circumstances and considerations of fairness will permit.

Review of Applications for Export Permits

Marginal note:Request for review by Review Board

• 29 (1) Any person who receives a notice of refusal under section 13 or a notice under section 15 may, within thirty days after the date on which the notice was sent, by notice in writing given to the Review Board, request a review of his application for an export permit by the Review Board.

• Marginal note:Review to be held within four months

  (2) The Review Board shall review an application for an export permit and, unless the circumstances of a particular case require otherwise, render its decision within four months after the date a request is received under subsection (1).

• Marginal note:Determination of the Review Board

  (3) In reviewing an application for an export permit, the Review Board shall determine whether the object in respect of which the application was made

  • (a) is included in the Control List;

  • (b) is of outstanding significance for one or more of the reasons set out in paragraph 11(1)(a); and

  • (c) meets the degree of national importance referred to in paragraph 11(1)(b).

• Marginal note:Object that does not meet criteria

  (4) Where the Review Board determines that an object fails to meet one or more of the criteria set out in subsection (3), it shall direct a permit officer to issue an export permit forthwith in respect of the object.

• Marginal note:Object that meets criteria

  (5) Where the Review Board determines that an object meets all of the criteria set out in subsection (3), it shall,

  • (a) if it is of the opinion that a fair offer to purchase the object might be made by an institution or public authority in Canada within six months after the date of its determination, establish a delay period of not less than two months and not more than six months during which the Review Board will not direct that an export permit be issued in respect of the object; or

  • (b) in any other case, direct a permit officer to issue an export permit forthwith in respect of the object.

• Marginal note:Notification of delay period

  (6) Where the Review Board establishes a delay period under paragraph (5)(a) in respect of an object, the Board shall give written notice of the delay period to the person who has applied for an export permit in respect of the object and to the Minister, which notice shall include the reasons for the determination of the Board that the object meets all of the criteria set out in subsection (3).

• Marginal note:Idem

  (7) The Minister, on receiving notice of a delay period under subsection (6), shall advise such institutions and public authorities in Canada as the Minister sees fit of the delay period and of the object in respect of which the delay period was established.

Marginal note:Request for determination of fair offer to purchase

• 30 (1) Subject to subsection (2), where the Review Board establishes a delay period under paragraph 29(5)(a) in respect of an object and an offer to purchase the object is made by an institution or a public authority in Canada within that period, either the person who applied for an export permit in respect of the object or the institution or public authority making the offer to purchase may, where the offer is not accepted, by notice in writing given to the Review Board, request the Review Board to determine the amount of a fair cash offer to purchase.

• Marginal note:When request to be made

  (2) No request may be made under subsection (1) less than thirty days before the end of the delay period established under paragraph 29(5)(a) in respect of the object in respect of which the request is made.

• Marginal note:Determination of the Review Board

  (3) Where the Review Board receives a request under subsection (1), it shall determine the amount of a fair cash offer to purchase the object in respect of which the request is made and advise the person who applied for an export permit in respect of the object and the institution or public authority that offered to purchase the object of its determination.

• Marginal note:Direction for export permit

  (4) Where the Review Board establishes a delay period under paragraph 29(5)(a) in respect of an object and does not receive a request under subsection (1) in respect of the object, it shall forthwith, after the expiration of the delay period and on the request of the person who requested the review under subsection 29(1), direct a permit officer to issue an export permit forthwith in respect of the object.

• Marginal note:Idem

  (5) Where the Review Board establishes a delay period under paragraph 29(5)(a) in respect of an object and receives a request under subsection (1) in respect of the object, it shall, after the expiration of the delay period or after it has determined the amount of a fair cash offer to purchase the object under subsection (3), whichever time is the later, and on the request of the person who requested the review under subsection 29(1), direct a permit officer to issue an export permit forthwith in respect of the object unless it is satisfied that an institution or public authority has, before the request under this subsection was made, offered to purchase the object for an amount equal to or greater than the amount of the fair cash offer to purchase determined by the Review Board.