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

Act current to 2017-12-11 and last amended on 2014-11-01. Previous Versions

 [Repealed, 2014, c. 20, s. 391]

Rules and Procedure

Marginal note:Rules

 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.
Marginal note:Review Board may receive information

 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.
Marginal note:Information given to applicant

 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.
Marginal note:Exclusion from hearing

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

 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.

Review of Applications for Export Permits

Marginal note:Request for review by Review Board
  •  (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.

  • 1974-75-76, c. 50, s. 23.
Marginal note:Request for determination of fair offer to purchase
  •  (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.

  • 1974-75-76, c. 50, s. 24.
Marginal note:Limitation on export permits

 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.

Determination Relating to Income Tax Matters

Marginal note:Request for determination of Review Board
  •  (1) 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, where a person disposes of or proposes to dispose of an object to an institution or a public authority designated under subsection (2), the person, institution or public authority may request, by notice in writing given to the Review Board, a determination by the Review Board as to whether the object meets the criteria set out in paragraphs 29(3)(b) and (c) and a determination by the Review Board of the fair market value of the object.

  • Marginal note:Designated authorities and institutions

    (2) 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), subsection 118.1(10) and section 207.3 of the Income Tax Act, the Minister may designate any institution or public authority indefinitely or for a period of time, and generally or for a specified purpose.

  • Marginal note:Revocation of designation

    (3) The Minister may at any time revoke a designation made under subsection (2).

  • Marginal note:Determination within four months

    (4) The Review Board shall consider a request made under subsection (1) and, unless the circumstances of a particular case require otherwise, make a determination within four months after the date the request is received and shall give notice of the determination in writing or by electronic means to the person who has disposed of, or who proposes to dispose of, the object and, where the request was made by a designated institution or public authority, to the designated institution or public authority.

  • Marginal note:Redetermination

    (5) Where the Review Board has, under subsection (4), determined the fair market value of an object in respect of its disposition or proposed disposition, the Review Board

    • (a) shall, on request in writing by the person who has disposed of, or who proposes to dispose of, the object to a designated institution or public authority or by an agent of such a person appointed for that purpose, made within twelve months after the day on which notice was given under that subsection, redetermine the fair market value of the object; and

    • (b) may, on its own initiative, at any time, redetermine the fair market value of the object.

  • Marginal note:Decision within four months and notice of redetermination

    (6) In the case of a redetermination under paragraph (5)(a), the Review Board shall, unless the circumstances of a particular case require otherwise, make the redetermination within four months after it receives the request under that paragraph and shall give notice of the redetermination in writing or by electronic means to the person who made the request.

  • Marginal note:Notice of redetermination where no request

    (7) In the case of a redetermination under paragraph (5)(b), the Review Board shall give notice of the redetermination in writing or by electronic means to the person who has disposed of, or who proposes to dispose of, the object and, where the request made under subsection (1) in relation to the object was made by a designated institution or public authority, to the designated institution or public authority.

  • Marginal note:Limitation

    (8) Unless the circumstances of a particular case require otherwise, the Review Board shall not redetermine the fair market value of an object more than once.

  • Marginal note:Redetermination final and conclusive

    (9) A redetermination under subsection (5) in respect of a proposed disposition is not subject to appeal to or review by any court.

  • R.S., 1985, c. C-51, s. 32;
  • 1991, c. 49, s. 218;
  • 1995, c. 38, s. 1.
 
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