GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Cultural Property Export and Import Act — C-51
public authority means Her Majesty in right of Canada or a province, an agent of Her Majesty in either such right, a municipality in Canada, a municipal or public body performing a function of government in Canada or a corporation performing a function or duty on behalf of Her Majesty in right of Canada or a province; ( administration )
Cultural Property Export and Import Act — C-51
resident of Canada means, in the case of a natural person, a person who ordinarily resides in Canada and, in the case of a corporation, a corporation that has its head office in Canada or maintains one or more establishments in Canada to which employees of the corporation employed in connection with the business of the corporation ordinarily report for work; ( résident )
Cultural Property Export and Import Act — C-51
Review Board means the Canadian Cultural Property Export Review Board established by section 18. ( Commission )
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Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. 1974-75-76, c. 50, s. 2
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Establishment of Control List 4 (1) The Governor in Council, on the recommendation of the Minister made after consultation with the Minister of Foreign Affairs, may by order establish a Canadian Cultural Property Export Control List. Inclusions (2) Subject to subsection (3), the Governor in Council may include in the Control List, regardless of their places of origin, any objects or classes of objects hereinafter described in this subsection, the export of which the Governor in Council deems it necessary to control in order to preserve the national heritage in Canada: (a) objects of any value that are of archaeological, prehistorical, historical, artistic or scientific interest and that have been recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada; (b) objects that were made by, or objects referred to in paragraph (d) that relate to, the aboriginal peoples of Canada and that have a fair market value in Canada of more than five hundred dollars; (c) objects of decorative art, hereinafter described in this paragraph, that were made in the territory that is now Canada and are more than one hundred years old: (i) glassware, ceramics, textiles, woodenware and works in base metals that have a fair market value in Canada of more than five hundred dollars, and (ii) furniture, sculptured works in wood, works in precious metals and other objects of decorative art that have a fair market value in Canada of more than two thousand dollars; (d) books, records, documents, photographic positives and negatives, sound recordings, and collections of any of those objects that have a fair market value in Canada of more than five hundred dollars; (e) drawings, engravings, original prints and water-colours that have a fair market value in Canada of more than one thousand dollars; and (f) any other objects that have a fair market value in Canada of more than three thousand dollars. Exclusions (3) No object shall be included in the Control List if that object is less than fifty years old or was made by a natural person who is still living. Deeming provision (4) For the purposes of this Act, an object within a class of objects included in the Control List is deemed to be an object included in the Control List. R.S., 1985, c. C-51, s. 4; 1995, c. 5, s. 25; 2001, c. 34, s. 37(F)
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Designation of permit officers 5 The Minister, with the approval of the Minister of Public Safety and Emergency Preparedness, may designate any persons or classes of persons employed by the Canada Border Services Agency as permit officers to receive applications for export permits and to issue export permits under this Act. R.S., 1985, c. C-51, s. 5; 1994, c. 13, s. 7; 1999, c. 17, s. 121; 2005, c. 38, ss. 59, 145
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Designation of expert examiners 6 (1) The Minister may designate any resident of Canada or any institution in Canada as an expert examiner for the purposes of this Act. Remuneration (2) An expert examiner that is not an agent of Her Majesty in right of Canada or a province or 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 remuneration for services performed under this Act as may be approved by the Treasury Board. Expenses (3) An expert examiner or, where an expert examiner is an institution, the person acting for the institution 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 services performed under this Act. 1974-75-76, c. 50, s. 5
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Immediate issue of export permit 7 A permit officer who receives from a resident of Canada an application for an export permit shall issue the permit forthwith if the person applying for the permit establishes to the satisfaction of the permit officer that the object in respect of which the application is made (a) was imported into Canada within the thirty-five years immediately preceding the date of the application and was not exported from Canada under a permit issued under this Act prior to that importation; (b) was lent to an institution or public authority in Canada by a person who was not a resident of Canada at the time the loan was made; or (c) is to be removed from Canada for a purpose prescribed by regulation for a period of time not exceeding such period of time as may be prescribed by regulation for the purposes of this paragraph. 1974-75-76, c. 50, s. 6
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Determination by permit officer 8 (1) A permit officer who receives from a resident of Canada an application for an export permit in respect of an object shall, where he does not issue an export permit under section 7, and where he is not aware of any notice of refusal sent in respect of the object under subsection 13(1) during the two years immediately preceding the date of the application, determine whether the object is included in the Control List. Export permit where object not included in Control List (2) Where a permit officer determines that an object in respect of which an application for an export permit is made is not included in the Control List, the permit officer shall forthwith issue an export permit in respect of the object. Reference to expert examiner (3) Where a permit officer determines that an object in respect of which an application for an export permit is made is or might be included in the Control List, the permit officer shall forthwith refer the application to an expert examiner for consideration. 1974-75-76, c. 50, s. 7
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Determination by expert examiner 9 Where an application for an export permit is referred to an expert examiner pursuant to subsection 8(3), the expert examiner shall forthwith determine whether the object in respect of which the application is made is included in the Control List. 1974-75-76, c. 50, s. 8
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Where object not included in Control List 10 Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is not included in the Control List, the expert examiner shall forthwith in writing advise the permit officer who referred the application to issue an export permit in respect of the object and shall forthwith send a copy of that advice to the Review Board and the Minister. 1974-75-76, c. 50, s. 8
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Where object included in Control List 11 (1) Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is included in the Control List, the expert examiner shall forthwith further determine (a) whether that object is of outstanding significance by reason of its close association with Canadian history or national life, its aesthetic qualities, or its value in the study of the arts or sciences; and (b) whether the object is of such a degree of national importance that its loss to Canada would significantly diminish the national heritage. Export permit to be issued (2) Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is not of outstanding significance under paragraph (1)(a) or does not meet the degree of national importance referred to in paragraph (1)(b), the expert examiner shall forthwith in writing advise the permit officer who referred the application to issue an export permit in respect of the object and shall forthwith send a copy of that advice to the Review Board and the Minister. Export permit not to be issued (3) Where an expert examiner determines that an object that is the subject of an application for an export permit that has been referred to him is of outstanding significance under paragraph (1)(a) and meets the degree of national importance referred to in paragraph (1)(b), the expert examiner shall forthwith in writing advise the permit officer who referred the application not to issue an export permit in respect of the object and shall provide the permit officer with the reasons therefor. 1974-75-76, c. 50, s. 8; 1980-81-82-83, c. 47, s. 53(E)
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Issue of export permit 12 Subject to sections 14 and 16, a permit officer shall issue an export permit forthwith where the permit officer is advised by an expert examiner or directed by the Review Board to do so. 1974-75-76, c. 50, s. 9
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Notice of refusal 13 (1) Where a permit officer is advised by an expert examiner pursuant to subsection 11(3) not to issue an export permit, the permit officer shall send a written notice of refusal to the applicant, which notice shall include the reasons given by the expert examiner for the refusal. Copy to Review Board (2) A permit officer who sends a notice of refusal under subsection (1) shall forthwith send a copy thereof to the Review Board. 1974-75-76, c. 50, s. 10
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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. 1974-75-76, c. 50, s. 11
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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. 1974-75-76, c. 50, s. 12
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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). 1974-75-76, c. 50, s. 13
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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. 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. R.S., 1985, c. C-51, s. 17; 1995, c. 5, s. 25
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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. 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. 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. 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. R.S., 1985, c. C-51, s. 18; 1995, c. 29, ss. 21, 22(E); 2001, c. 34, s. 38
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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. 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. 1974-75-76, c. 50, s. 16
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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 . R.S., 1985, c. C-51, s. 20; 1991, c. 49, s. 216
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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. 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. 1974-75-76, c. 50, s. 18
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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. 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. R.S., 1985, c. C-51, s. 22; 1991, c. 49, s. 217; 2014, c. 20, s. 390
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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. 1974-75-76, c. 50, s. 21
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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. 1974-75-76, c. 50, s. 22
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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. 1974-75-76, c. 50, s. 22
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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. 1974-75-76, c. 50, s. 22
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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. 1974-75-76, c. 50, s. 22
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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. 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). 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). 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. 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. 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). 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. 1974-75-76, c. 50, s. 23
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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. 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. 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. 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. 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. 1974-75-76, c. 50, s. 24
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Limitation on export permits 31 The Review Board shall not direct that an export permit be issued except in accordance with section 29 or 30. 1974-75-76, c. 50, s. 25