C-51Cultural Property Export and Import ActI-21Interpretation ActC.R.C., c. 449201301
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CULTURAL PROPERTY EXPORT AND IMPORT ACTINTERPRETATION ACTCultural Property Export RegulationsRegulations Respecting the Export From Canada of Cultural PropertySHORT TITLE
These Regulations may be cited as the Cultural Property Export Regulations.
INTERPRETATION
In these Regulations,Act means the Cultural Property Export and Import Act; (Loi)object means any object or class of objects described in subsection 3(2) of the Act that is included in the Canadian Cultural Property Export Control List; (objet)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
An application for an export permit to export any object shall be made in the form set out in Schedule I, signed by the applicant and forwarded to a permit officer.
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:the name, address and telephone number of the applicant;where the applicant is not the owner of the object, the name, address and telephone number of the owner;the name, address and telephone number of the shipper or consignor;the name, address and telephone number of the consignee;subject to section 6, a description of the object in sufficient detail to clearly identify it;the proposed date of export of the object;details in respect of the purpose of exporting the object;the fair market value in Canada or, if sold, the selling price of the object;any other information required in the application form;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 where, in his opinion, the information furnished by the applicant requires clarification or the identification of the object is not in sufficient detail; anddocumentary evidence indicating the proposed destination of the object.
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 ofan object described in paragraph 2(a), (b) or (e) of Group I of the Control List;an object described in paragraph 3(a), (b), (c) or (d) of Group I of the Control List;an object or collection of objects described in item 4 of Group I of the Control List;an object described in any item in Group II, III, IV, V or VI of the Control List;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; andan object, other than a printed book, described in item 7 of Group VII of the Control List.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.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.Subsections (1) and (2) do not apply to an application for an export permit in respect of the following objects:an object referred to in paragraph 6(a) of the Act, where the object was imported into Canada for a temporary purpose, other than resale, if the application includesa permit or document described in subparagraph 6(c)(i),an ATA Carnet described in subparagraph 6(c)(iii), ora declaration described in subparagraph 6(c)(iv);an object referred to in paragraph 6(b) of the Act if the application includes the reference number used by the institution or public authority to identify or catalogue the object; andan object referred to in paragraph 6(c) of the Act, where the object 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.
Where an application is being made for an export permit in respect of an object to which section 6 of the Act applies, the object may be identified in the application by setting outthe name of the object;the name of the maker of the object; andthe reference numberofthe export permit issued by the government of the foreign state where that state authorized the exportation of the object into Canada, orthe shipping document covering the entry into Canada of the object that clearly identifies the objectif a copy of the export permit or shipping document, as the case may be, or a translation thereof in one of the official languages, is forwarded with the application,issued by an institution or public authority in Canada to identify or catalogue the object,of an ATA Carnet referred to in the Display Goods Temporary Importation Regulations that was issued in respect of the object on the last occasion the object was imported into Canada, orof the appropriate import declaration made by the person who imported the object on the last occasion the object was imported into Canada.
Where an application is being made for an export permit in respect of an object to which paragraph 6(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.
Where a permit officer refers an application for an export permit to an expert examiner for consideration under subsection 7(3) of the Act, the expert examiner may, for the purpose of making a determination under section 8 of the Act, require the applicant to produce the object for his examination.
EXPORT PERMITS
An export permit shall be issued in the form set out in Part II of Schedule I.
An export permit shall only be valid for a period equal to 90 days calculated from the day the permit was issued.Where a person to whom an export permit has been issued requiresthe reinstatement of the permit where the permit has lapsed or has been suspended or cancelled, oran amendment to the permit,he shall forward the permit to the Minister with a letter requesting the reinstatement or amendment, as the case may be, and the reasons therefor.
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 establishthe identity of the consignee referred to in the application;whether or not the object referred to in the export permit was delivered to the consignee; andwhere the object was sold, the selling price of the object.
REMOVAL OF AN OBJECT FROM CANADA UNDER PARAGRAPH 6(C) OF THE ACT
A permit officer shall issue an export permit under paragraph 6(c) of the Act where 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:appraisal;authentication;conservation;exhibition;on loan;processing;research;restoration or repair; oras personal effects.The length of time for which an object may be removed from Canada under an export permit issued pursuant to paragraph 6(c) of the Act shall be for a period not exceeding five years.A person who applies for an export permit to export an object under paragraph 6(c) of the Act shall include in his application for the permit a written undertaking that he will return the object for which the permit was issued to Canada within the time prescribed in the permit.
Where an object is removed from Canada under an export permit issued under paragraph 6(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:details in respect of the place where the object is located or has been located during the period it is removed from Canada; andwhere 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
Where an object has been removed from Canada under an export permit issued under paragraph 6(c) of the Act, the person to whom the permit was issued shall, within 15 days following the day the object is returned to Canada, forward to the Ministera Notice of Return in the form set out in Schedule II; andproof satisfactory to the Minister that the object described in the Notice of Return is the object for which the export permit was issued.The following information shall be furnished in the Notice of Return referred to in subsection (1):the exporter’s name, address and telephone number;the reference number of the export permit issued in respect of the object; anddocumentary evidence indicatingthe port of entry, andthe day of entry,of the object into Canada.
OBJECTS REQUIRING COPIES TO BE DEPOSITED
The following classes of objects are prescribed for the purposes of section 11 of the Act: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,a textual record or document in manuscript form,a map, cartographic record or document in manuscript form,a map, cartographic record or document in printed form made prior to the year 1850,a design, pictorial record or document in manuscript form,a design, pictorial record or document in printed form made prior to the year 1880, ora photograph, photographic record or document made prior to the year 1900; andany original public record made or received by a public authority that is adocument in graphic or textual form,photograph,cinematographic film, orsound recording.
SHIPPING REQUIREMENTS
Every exporter of an object or his authorized agent shall, prior to 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.
Where an export permit in respect of an object has been issued and the exporter has indicated that the object is to be sent by means of the Canada Post Office, the exporter shall give the export permit to the postmaster at the time of posting.
APPLICATION FOR A GENERAL PERMIT
An application for a general permit referred to in subsection 14(1) of the Act shall be made in the form set out in Schedule III, signed by the applicant and forwarded to the Minister.
The following information shall be furnished and forwarded with an application referred to in section 18:the name, address and telephone number of the applicant;the detailed reasons for the application setting outthe area of the applicant’s business specialization, andthe inconvenience, if any, to obtain an export permit in respect of the individual export of objects;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;the details of any current general permit held by the applicant;the volume of the applicant’s commercial activities in respect of the purchase and sale of any objects;the number of employees of the applicant, the distance between the applicant’s place of business and the nearest office of a permit officer;any information requested by the Minister where, in his opinion, the information furnished by the applicant requires clarification; andany other information required in the application form.
A general permit referred to in subsection 14(1) of the Act shall be issued in the form set out in Schedule IV.
CULTURAL PROPERTY GENERAL PERMIT DECLARATION
No person shall export any object under a general permit issued to him under subsection 14(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, prior to exporting the object, completes a Cultural Property General Permit Declaration in respect of that object.
A Cultural Property General Permit Declaration referred to in section 21 shall be in the form set out in Schedule V, which form shall be signed by the person 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 complied with.Where an object is to be exported under a general permit issued under subsection 14(1) of the Act, the declaration referred to in section 21shall be given to the postmaster, where the object is to be sent by means of the Canada Post Office; orshall be given to the collector of customs at the port of export, where the object is to be sent by means other than the Canada Post Office.
LOST PERMITS
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,submit a statutory declaration stating whether the permit has been lost or destroyed and an explanation of the loss or destruction; andin 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.
(ss. 3 and 9)FORMS: APPLICATION FOR CULTURAL PROPERTY EXPORT PERMIT AND CULTURAL PROPERTY EXPORT PERMITGRAPHIC IS NOT DISPLAYED, SEE C.R.C. C. 449, PP. 3290 TO 3294(s. 14)FORM: NOTICE OF RETURN TO CANADAGRAPHIC IS NOT DISPLAYED, SEE C.R.C., C. 449, P. 3300(s. 18)FORM: APPLICATION FOR CULTURAL PROPERTY GENERAL PERMITGRAPHIC IS NOT DISPLAYED, SEE C.R.C., C. 449, PP. 3302 TO 3305(s. 20)FORM: CULTURAL PROPERTY GENERAL PERMITGRAPHIC IS NOT DISPLAYED, SEE C.R.C., C. 449, PP. 3306, 3307(s. 22)FORM: CULTURAL PROPERTY GENERAL PERMIT DECLARATIONGRAPHIC IS NOT DISPLAYED, SEE C.R.C., C. 449, PP. 3308, 3309