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Movable Cultural Property ProgramIn order to better ensure the preservation in Canada of significant examples of our cultural, historic and scientific heritage, the Government of Canada enacted legislation to prevent the uncontrolled export of such cultural property. The Cultural Property Export and Import Act came into force on September 6, 1977 and is administered by the Movable Cultural Property Program (MCPP) and the Canadian Cultural Property Export Review Board. The Act regulates the import and export of cultural property and provides special tax incentives to encourage Canadians to donate or sell important objects to public institutions in Canada. Consultation: Strengthening the Cultural Property Export and Import ActThe Cultural Property Export and Import Act came into force in 1977 and is now almost 30 years old. The Department of Canadian Heritage is reviewing the legislation to ensure that it remains as effective as possible in the protection of Canadian and international heritage. Some changes to the Act that could be considered would have policy implications or could substantively alter how the Act works to protect heritage, and the impact that the Act has on Canadians. The Government is therefore seeking the views of Canadians on a number of issues and options. [Introduction - HTML Version | PDF Version ] [Discussion Document - HTML Version | PDF Version ] What is the role of MCPP?To protect objects of cultural significance to Canada, pursuant to the Cultural Property Export and Import Act, by regulating their export; entering into international agreements that prevent the illicit trafficking of cultural property; and designating well-managed custodial institutions and public authorities to be eligible to apply for grants to acquire cultural property and to apply to the Canadian Cultural Property Export Review Board to have donations certified as cultural property for income tax purposes. Who should be aware of MCPP's activities?Canada Customs officials; auction houses; foreign states; designated museums, galleries, archives, libraries in Canada; collectors of cultural property; lawyers, accountants; the Canadian public. What is Cultural Property?UNESCO defines cultural property as property which, on religious or secular grounds, is of importance for archaeology, prehistory, history, literature, art or science. "Cultural property" therefore includes a wide range of objects, from works of art to archaeological artifacts, military objects to archival material, ethnographic material to decorative arts and scientific instruments. For the purposes of the Cultural Property Export and Import Act, cultural property must be movable, that is, it can be transported from one place to another and it need not necessarily be Canadian in origin. What restrictions govern the export of cultural property from Canada?Under the terms of the Cultural Property Export and Import Act, a cultural property export permit is required to export any item of "controlled cultural property". "Controlled cultural property" is described in the Canadian Cultural Property Export Control List which is made up of eight categories of cultural property. In general, cultural property is only controlled if it is more than fifty years old and was made by a person who is no longer living. Other restrictions apply in individual categories of the Control List. What about international obligations concerning export and import of cultural property?The Cultural Property Export and Import Act contains provisions that seek to combat illicit traffic in cultural property, implementing Canada’s obligations under certain international agreements. In 1978, Canada became a State Party to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The Act prohibits the import of cultural property that has been illegally exported from a country with which Canada has a cultural property agreement on illicit traffic, including the 1970 Convention. As part of Canada’s obligations under the Convention, the Act also allows for the recovery and return of such material to its country of origin. The import of certain items of cultural property may also be restricted by other international agreements, such as the Convention on International Trade in Endangered Species (CITES). In 1999, Canada became a State Party to the 1954 UNESCO Convention for the Protection of Cultural Property in the Event of Armed Conflict, known as the 1954 Hague Convention, and in 2005 Canada acceded to the two Protocols to the Convention. Both the First Protocol (1954) and the Second Protocol (1999) to the Hague Convention contain obligations that seek to combat illicit export of cultural property from occupied territories. In November 2005 the Act was amended to allow Canada to implement its obligations concerning illicit traffic in cultural property under both Protocols. As a result, the Act now prohibits Canadian citizens, permanent residents, and stateless persons residing in Canada from illegally exporting cultural property from an occupied territory of a State Party to the Second Protocol to the Hague Convention. The Act also now provides for the return of such cultural property to its countries of origin, as required by the First Protocol. Did you know that...
To contact us...Movable Cultural Property ProgramDepartment of Canadian Heritage 15 Eddy Street, 3rd Floor Gatineau QC K1A 0M5 Phone: (819) 997-7761 Toll Free: (866) 999-2494 Fax: (819) 997-7757 Email: mcp-bcm@pch.gc.ca |
Date modified: 2007-07-03 |
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