- What is "cultural property?"
Any item that, regardless of its place of origin, may be considered important from an archaeological, prehistorical, historical, artistic or scientific perspective can be considered "cultural property." Only certain types of movable cultural property are "controlled" under Canada's Cultural Property Export and Import Act and require an export permit when leaving the country on a temporary or permanent basis. Cultural property that requires an export permit is referred to as "controlled cultural property" throughout this guide.
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- What cultural property requires an export permit?
The Canadian Cultural Property Export Control List describes in detail the range of cultural material that requires export permits. A copy of the Control List is included in this booklet.
In general terms, all cultural property is subject to export control unless it is:
- less than 50 years old; or
- made by a person who is still living.
Cultural property is divided into eight groups in the Control List. Additional criteria are specified in each group (age, minimum value) which further determine the extent of control. For example:
- archaeological material is subject to export control only after being buried, concealed or abandoned for 75 years or more;
- objects of decorative and applied art that were made in the territory that is now Canada is subject to export control only if more than 100 years old;
- machines are not subject to export control if they are being exported for manufacturing, industrial or commercial purposes.
The eight groups of cultural property contained in the Control List are:
- Group I Objects Recovered from the Soil or Waters of Canada
- Group II Objects of Ethnographic Material Culture
- Group III Military Objects
- Group IV Objects of Applied and Decorative Art
- Group V Objects of Fine Art
- Group VI Scientific or Technological Objects
- Group VII Textual Records, Graphic Records and Sound Recordings
- Group VIII Musical Instruments
Anyone wishing to export cultural property from Canada should first determine whether the property in question is subject to export control by consulting the Control List contained in this booklet.
If an item of cultural property is not included in the Control List, no permit is required for its export from Canada. It should be noted, however, that other legislation exists that may affect the export of property, and Revenue Canada Customs should be consulted concerning what permits may be required in such cases.
If an item of cultural property is included in the Control List, a permit is required to export it from Canada on either a temporary or a permanent basis. Export of controlled cultural property without the required permit is subject to penalties, including fines and imprisonment, under the Cultural Property Export and Import Act. A copy of the Act is included in this booklet.
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- What kinds of export permits are available?
Once it has been determined that a particular item requires an export permit, the next step is to decide what type of permit is necessary.
In some cases, export permits for objects contained in the Control List are granted automatically, without any significant delay. This happens when the item in question:
- has been imported into Canada within the past 35 years;
- has been imported into Canada by a non-resident as a loan to an institution or public authority in Canada;
- is being exported from Canada temporarily for a period of no more than five years.
Under the Act, four different types of export permits may be issued: permits for temporary export; permits for permanent export; General Permits; and Open General Permits.
Temporary Export Permit
When controlled cultural property is exported from Canada on a temporary basis for a period of no longer than five years, it is done so under a Temporary Export Permit. Purposes for which material may be temporarily exported from Canada include: research, processing, exhibition, restoration, conservation, repair, appraisal, authentication, as a loan, or as personal effects. In cases where a Temporary Export Permit has been issued, formal notification of its return to Canada is required.
Permanent Export Permit
When controlled cultural property is exported from Canada on a permanent basis (for a period of more than five years), a Permanent Export Permit is required. In contrast to Temporary Export Permits, most Permanent Export Permits are not issued automatically, and applications can be subject to a more lengthy process.
General Permit
The Minister of Canadian Heritage has the ability to issue a General Permit to any resident of Canada who regularly exports a particular type of controlled cultural property. This is done in exceptional cases, where the exporter is able to successfully demonstrate that the individual permit application process presents an undue hardship or interference in the conduct of normal business activities. Once a General Permit has been issued for a particular type of cultural property, the holder of the Permit may then export the property without having to apply for an export permit on each occasion. Such permits are subject to ministerial terms and conditions, and are not automatically issued.
Open General Permit
The Minister of Canadian Heritage has the ability to issue an Open General Permit, applicable to all Canadian residents, allowing export of a particular type of controlled cultural property without the need for a permit application to be made. In effect, this constitutes an open licence, creating an exception to the Control List.
At present, only one Open General Permit exists, which relieves Canadian residents from the requirement to obtain an export permit when exporting controlled vehicles or musical instruments from Canada on a temporary basis for personal use.
The Minister may amend, suspend, cancel or reinstate any export permit, other than an export permit issued on the direction of the Canadian Cultural Property Export Review Board (see below).
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- Who can apply for an export permit?
An export permit under the Act can only be issued in the name of an applicant who is a resident of Canada. Permits are not transferable. A person who is a resident of Canada may apply for an export permit on behalf of the owner of an object whether or not the owner is a resident of Canada.
A "resident of Canada" is defined as "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."
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- How do I apply for an export permit?
An application must be made for a Temporary, Permanent or General Export Permit, but not for export of controlled material that is subject to an Open General Permit. In all cases, applicants should allow sufficient time for applications to be processed, particularly when they apply for a Permanent or General Export Permit. Application forms are available from designated Revenue Canada Customs Border Services offices (see enclosed list) or from the Department of Canadian Heritage. The same application form is used for both a Temporary and Permanent Export Permit, but there is a separate form for a General Permit.
It is important, when completing an export permit application form, to provide a full and comprehensive description of the item in question.
The following basic information should normally be included for objects of human manufacture:
- Object name; name of manufacturer or artist; country and place of origin; date of manufacture; material or medium; dimensions; brief physical description; whether signed, inscribed or dated; provenance (history); and listing in descriptive catalogue or other reference.
- Depending on the specific type of cultural material in question, additional details would be added to the above basic information (i.e. geographical coordinates for archaeological material, calibre for military ordnance, etc.).
- A full scientific description should be given for palaeontological, mineralogical or other items not of human manufacture.
How to Apply for a Temporary Export Permit
To apply for a Temporary Export Permit, an applicant obtains and completes an Application for Cultural Property Export Permit form, Parts I and II, (forms 7540-CH-540-0020, 21). Completed forms are submitted to a designated Revenue Canada Customs Border Services office for processing.
If the Customs Border Services Permit Officer is satisfied that the export meets all the required conditions, the Temporary Export Permit is issued automatically, without any significant delay. Part II of the application form becomes the "permit" once approved by a Permit Officer. It also contains a "tear-off" portion that is later completed and used to notify the Department of Canadian Heritage that the item has returned to Canada.
For further details about the information required to complete the Application for Cultural Property Export Permit form, applicants should consult the Regulations Respecting the Export from Canada of Cultural Property, contained in this booklet.
How to Apply for a Permanent Export Permit
As in the case of temporary exports, applicants for Permanent Export Permits obtain and complete an Application for Cultural Property Export Permit form, Parts I and II, (forms 7540-CH-540-0020, 21). Completed forms are submitted to a designated Revenue Canada Customs Border Services office for processing.
If the Customs Border Services Permit Officer determines that the item or items in question are not, in fact, included in the Control List, a permit is issued automatically, without any significant delay. This is also done in cases where the object in question had been imported to Canada within the previous 35 years, or when imported by a non-resident as a temporary loan to an institution or public authority in Canada.
If the Permit Officer determines that the item is included, or may be included, in the Control List, the application is then forwarded for consideration to an Expert Examiner. Expert Examiners are individuals in the academic and cultural community in Canada who have been designated by the Minister of Canadian Heritage to determine whether cultural property that is the subject of an export permit application is of outstanding significance to Canada, such that its loss to Canada would significantly diminish the national heritage.
Cultural material may be considered significant by virtue of one or more of the following:
- a close association with Canadian history or national life;
- aesthetic qualities;
- a value to the study of the arts or sciences.
In certain cases, the Expert Examiner may request further information from the applicant, or may request that the applicant submit the cultural property for examination.
If the Expert Examiner determines that the object is not of national significance, he/she advises the Permit Officer to issue the permit, which is then done with minimal delay.
If, on the other hand, the Expert Examiner determines that the object is of national significance (and he/she must state the reasons in writing), the Permit Officer will be advised not to issue the export permit.
This process can involve delays, and applicants should take this into consideration when making an application for a Permanent Export Permit.
Applicants should note that no Permanent Export Permit will be issued for certain types of archival material under Group VII of the Control List until a photograph or photostatic copy of the material in question has been deposited by the applicant in an institution specified by the Minister. There are two exceptions to this requirement. Deposit of copies is not required when the item in question has been imported into Canada within the past 35 years, or when the item has been imported into Canada by a non-resident as a temporary loan to an institution or public authority in Canada.
For further details about the information required to complete the Application for Cultural Property Export Permit, applicants should consult the Regulations Respecting the Export from Canada of Cultural Property contained in this booklet.
How to Apply for a General Export Permit
Applicants for a General Export Permit must obtain and complete an Application for Cultural Property General Permit form (form 40-24 (781) ), and submit it to the Movable Cultural Property Division of the Department of Canadian Heritage in Hull.
Movable Cultural Property staff then determine whether or not the applicant has sufficiently demonstrated, on the basis of evidence gathered over a six-month period immediately preceding the date of application, that the individual permit process has represented an undue hardship or interference with conduct of the applicant's normal business or activities. Based on their consideration of the application, staff make a recommendation to the Minister, who decides whether or not to issue a General Permit.
For further details about the information required to complete the Application for Cultural Property General Permit form, applicants should consult the Regulations Respecting the Export from Canada of Cultural Property, contained in this booklet.
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- What do I have to include with a permit application form?
In most cases, applicants are required to include photographs or photocopies of the material for which an export permit is requested with the permit application. In all cases, the photographs or photocopies should be of sufficient size and quality to ensure proper identification of the items in question.
Photographs or photocopies are not required with an application when the cultural property in question:
- was imported into Canada on a temporary basis as a loan to an institution or public authority in Canada by a non-resident (at the time of the loan) of Canada;
- is being exported on a temporary basis by an institution or public authority;
- was imported into Canada under a "temporary admission form E29B" or a "Canada A.T.A. Carnet";
- was imported into Canada on a temporary basis (other than for resale), and a copy of the relevant export permit (together with a certified translation into English or French when necessary) is included with the permit application.
In all of the above cases, the permit application form must include the loan, catalogue or other reference number used to identify the material in question, and, where applicable, the reference number of the prior export or import document.
For more information about the requirements of the permit application, applicants should consult the Regulations Respecting the Export from Canada of Cultural Property contained in this booklet.
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- What happens when a permit is issued?
Temporary Export Permit
Once approved by a Permit Officer, Part II of the Application for Cultural Property Export Permit form becomes the "Permit". The Permit is valid for 90 days from the day it is issued. If unused within this 90-day period, the Permit lapses. When this happens, the permit holder may send the lapsed Permit to the Movable Cultural Property Division of the Department of Canadian Heritage, with a letter requesting reinstatement of the Permit and the reasons for the request.
The Temporary Export Permit is given by the permit holder or exporter to the Customs Permit Officer at the port of exit prior to export of the item in question, or, if the item is being exported by mail, to the Postmaster at the time of mailing. In both cases, the permit holder is given a copy of the Permit, which includes a portion that is later used to notify the Department of Canadian Heritage of the object's return to Canada (the Notice of Return to Canada). A copy of the Permit is then forwarded to the Movable Cultural Property division of the Department of Canadian Heritage by Revenue Canada Customs or the Postmaster.
The permit holder keeps the Permit and Notice of Return to Canada, completes the Notice within 15 days of the object's return, sends one copy of it to the Movable Cultural Property Division of the Department of Canadian Heritage, and keeps the other copy and the copy of the Permit for his or her records.
If the Notice of Return to Canada is lost or misplaced, a letter signed by the permit holder attesting to the return of the object is acceptable in its place.
For more information about temporary export of cultural property and the Notice of Return to Canada, applicants should consult the Regulations Respecting the Export from Canada of Cultural Property, contained in this booklet.
Permanent Export Permit
Once approved by a Permit Officer, Part II of the Application for Cultural Property Export Permit form becomes the "Permit". The Permit is valid for 90 days from the day that it is issued. If unused within this 90-day period, the Permit lapses. When this happens, the permit holder may then forward the lapsed Permit to the Movable Cultural Property Division of the Department of Canadian Heritage, with a letter requesting reinstatement of the Permit and the reasons for the request.
The Permanent Export Permit is given by the permit holder or exporter to the Customs Permit Officer at the port of exit prior to export of the item in question, or, if the item is being exported by mail, to the Postmaster at the time of mailing. In both cases, a copy of the Permit is then forwarded to the Movable Cultural Property Division of the Department of Canadian Heritage by Revenue Canada Customs or the Postmaster, and a copy is also given to the permit holder for his or her records.
For more information about permanent export of cultural property, applicants should consult the Regulations Respecting the Export from Canada of Cultural Property, contained in this booklet.
General Export Permit
Once issued by the Minister, a General Permit is in effect for a period of up to five years. The exporter must ensure that a completed Cultural Property Permit Declaration accompanies each consignment of objects being exported under authority of the Permit. The permit holder must also provide, within 15 days of expiry of the Permit, a descriptive list of all objects exported under the Permit. The list is sent to the Movable Cultural Property Division of the Department of Canadian Heritage by the permit holder.
For more information about what is required under a General Permit, applicants should consult the Regulations Respecting the Export from Canada of Cultural Property, contained in this booklet.
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- What happens when a permit is refused?
When an application for a Permanent Export Permit is refused, the Revenue Canada Customs Border Services Permit Officer completes the appropriate sections of the permit application form, noting the Date of Refusal and the Appeal Deadline, and returns a copy (which then constitutes the formal Notice of Refusal) to the applicant. The applicant may then choose to:
- keep the cultural property;
- dispose of it in Canada; or
- appeal the permit refusal in writing to the Canadian Cultural Property Export Review Board.
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- How does the appeal process work?
Making an Appeal
Anyone wishing to appeal a Notice of Refusal for an export permit must do so in writing to the Canadian Cultural Property Export Review Board within 30 days of the date when the Notice was sent. If an appeal is not received within the required time period, no further export permit applications for the item or items in question can be considered for a period of two years. Appeals may be sent to the Board through its Secretariat at the Department of Canadian Heritage.
Consideration of the Appeal by the Canadian Cultural Property Export Review Board
Normally, the Review Board will reach a decision on an appeal within four months of receipt of the appeal.
All documentation received from the applicant and the Expert Examiner are exchanged between both parties by the Secretary to the Review Board before the Board meets to consider the appeal. The applicant and the Expert Examiner (or their representatives) will be given the opportunity to make presentations (either orally or in writing) to the Review Board before a decision on the appeal is reached. For the sake of confidentiality of information on the private business affairs of the applicant, the Review Board may hold a private hearing unless the applicant makes a specific request that the hearing be public.
When an appeal is received, the Review Board first confirms that the cultural property in question falls under the Control List, and then, if so, reviews the recommendation of the Expert Examiner, using the same criteria that were used by the Examiner in determining the significance of the item or items.
Decision of the Review Board
If the Review Board decides that the cultural property in question does not meet the criteria of outstanding significance and national importance, it will direct the Permit Officer to issue the permit without further delay.
On the other hand, if the Review Board agrees with the recommendation of the Expert Examiner, it must then consider whether an institution or public authority in Canada might be interested in purchasing the cultural property in question. If the Board determines that it is unlikely that a Canadian institution or public authority would be interested in purchasing the object, it will direct the Permit Officer to issue the permit.
The Delay Period
If the Review Board decides that the cultural property in question does meet the criteria, and if it concludes that it is likely that a Canadian institution or public authority would be interested in purchasing the cultural property in question, it may establish a delay period of between two and six months during which the export permit may not be issued. Cultural institutions and public authorities are then informed of the delay period so that they may consider the option to purchase the material.
If no offer to purchase has been received by the end of the delay period, the Review Board, upon written request by the applicant, will direct the Permit Officer to issue the permit.
A "Fair Cash Offer"
If an offer to purchase the cultural property in question is made during the delay period and the offer is refused, the applicant or the institution/public authority making the offer may request in writing that the Review Board determine the amount of money that would be a "fair cash offer to purchase." Such a request must be made at least 30 days before the expiration of the delay period.
Once the Review Board has determined what amount of money constitutes a "fair cash offer to purchase" and informed both the applicant and the institution making the offer to purchase (or after the delay period has expired, whichever is later), the Board will, again on written request by the applicant, direct the Permit Officer to issue the permit if it is satisfied that the original offer to purchase was made at an amount below what they have determined to be a "fair cash offer."
If the original offer to purchase was made at or above the amount that the Board has determined to be a "fair cash offer" and refused by the applicant, the permit is not issued, and no further applications for an export permit for the cultural property in question may be made for a period of two years. At that time, the a new permit application must be completed, and the entire process begins again.
Further details about the appeal process and about the activity of the Canadian Cultural Property Export Review Board may be obtained from the Movable Cultural Property Division of the Department of Canadian Heritage.
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- What happens if a permit is lost or destroyed?
If an export permit is lost or destroyed, a replacement copy may be obtained by contacting the Movable Cultural Property Division of the Department of Canadian Heritage. The permit holder must provide a statutory declaration stating that the permit has been lost or destroyed, and explaining the circumstances under which the loss or destruction occurred. In the case of lost permits, the permit holder must also provide an assurance that, if the original permit is found, it will be returned to the Department of Canadian Heritage.
- Some notes about the Canadian Cultural Property Export Control List
Cultural property is divided into eight groups in the Canadian Cultural Property Export Control List:
- Group I Objects Recovered from the Soil or Waters of Canada
- Group II Objects of Ethnographic Material Culture
- Group III Military Objects
- Group IV Objects of Applied and Decorative Art
- Group V Objects of Fine Art
- Group VI Scientific or Technological Objects
- Group VII Textual Records, Graphic Records and Sound Recordings
- Group VIII Musical Instruments
The following notes are designed to assist readers in understanding the Control List.
All Groups
Remember that, unless specified otherwise, objects in the Control List are subject to export permit requirements only if they are more than fifty years old.
Certain objects fall under more than one group in the List, and advice is given below for such cases.
When a collection of objects is exported, and only part of the collection is controlled under the List, export permits are required only for those controlled items in the collection.
Group I - Objects Recovered From the Soil or Waters of Canada
Carvings or sculptures made from minerals are excluded from the definition of "mineral," and so are not controlled under Group I. Depending on the nature of the finished carving or sculpture, they are controlled either under Group IV (Objects of Applied and Decorative Art) or under Group V (Objects of Fine Art).
Mineral and palaeontology specimens in "bulk" from a single outcrop, quarry or locality are controlled to prevent the loss from Canada of an entire unique significant occurrence of either material.
Mineral specimens that were not recovered from the soil or water of Canada do not require export permits to leave Canada.
Material associated with Aboriginal peoples of Canada, if recovered from the soil or waters of Canada, is controlled under Group I (Archaeology) rather than Group II.
Military objects, if recovered from the soil or waters of Canada, are controlled under Group I rather than Group III.
Material that originated from an archaeological context in a territory outside that which is now Canada may, in some cases, be controlled under other groups in the List.
Objects that might otherwise come under another group of the List are controlled in Group I, if recovered from the soil or waters of Canada more than 75 years after concealment, burial or abandonment.
Gemstones that are facetted and polished by a person or persons are controlled under Group I (Mineraology), if unset. Once set, they are considered jewellery and are controlled under Group IV - Objects of Applied and Decorative Art.
Group II - Objects of Ethnographic Material Culture
Military objects made, reworked or adapted for use by aboriginal peoples are controlled under Group II, unless they were recovered from the soil or waters of Canada - in such cases they are controlled under Group I.
Military objects that were used by aboriginal peoples but not made, reworked or adapted for use by them are controlled under Group III, unless they were recovered from the soil or waters of Canada - in such cases they are controlled under Group I.
Scientific or technological objects made, reworked, adapted for use, or used by aboriginal peoples are controlled under Group VI.
Objects of applied and decorative art, and objects of fine art, made by aboriginal peoples are controlled under Group IV and Group V, respectively.
Religious or sacred objects made or used by aboriginal peoples are controlled under either Group II or, if the object utilizes principles of ornamentation or decoration, Group IV.
Textual records, graphic records and sound recordings associated with aboriginal peoples are controlled under Group VII.
Musical instruments made or used by aboriginal peoples are controlled under Group II.
Group III - Military Objects
Military objects recovered from the soil or waters of Canada more than 75 years after concealment, burial or abandonment are controlled under Group I.
Military objects made, reworked or adapted for use by aboriginal peoples are controlled under Group II unless they were recovered from the soil or waters of Canada - in such cases they are controlled under Group I.
Military objects that were used by aboriginal peoples but not made, reworked or adapted for use by them are controlled under Group III unless they were recovered from the soil or waters of Canada - in such cases they are controlled under Group I.
Textual records, graphic records and sound recordings that relate to some aspect of military history are controlled under Group VII.
Musical instruments that were used in a military context are controlled under Group III.
Objects related to military history that are sculptured works of art are controlled under either Group IV or Group V, and drawings, prints and paintings that relate to military history are controlled under Group V.
Group IV - Objects of Applied and Decorative Art
With the exception of certain carved or sculpted works, objects that are described in Group IV of the List are controlled under Group III if they are associated with military history. Examples of this include flags and other textiles such as uniforms.
Export permits are not required for coins made in or outside Canada, unless they are Canadian pattern coins made outside Canada or trial strikes of Canadian coins made outside Canada.
Group V - Objects of Fine Art
Artists' sketch books are controlled under Group VII.
All photographic positives and negatives, whether considered artistic or archival in nature, are controlled under Group VII.
Group VI - Scientific or Technological Objects
Textual records, graphic records and sound recordings related to the history of science and technology are controlled under Group VII.
Vehicles controlled under Group VI that are exported on a temporary basis for personal use are subject to an Open General Permit, and, therefore, applications for temporary export permits are not required.
Group VII - Textual Records, Graphic Records and Sound Recordings
A newspaper is considered a manuscript, record or document described in Group VII 2.(1)(a).
Group VIII - Musical Instruments
Musical instruments controlled under Group VIII that are exported on a temporary basis for personal use are subject to an Open General Permit, and, therefore, applications for temporary export permits are not required.
