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Country Summary for CANADA

I.  Relevant Legislation
....
II.  Regulated Cultural Property

Definitions

'Control List'Canadian Cultural Property Export Control List. It may include, regardless of their places of origin, any objects or classes of objects at least fifty years old whose maker (if any) is deceased, and whose export the Governor deems necessary to control in order to preserve the national heritage in Canada. (1985 Act, §§2 & 4)

Examples of Objects on the Control List:

'Archaeological Objects'recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada; buried or abandoned for not less than 75 years; and associated with or representative of historic or prehistoric cultures, including:
(a)
Artifacts that relate to the aboriginal peoples of Canada, such as:
(i) arrow heads, harpoon heads and such other projectile points
used as hunting implements;
(ii) adzes, axes, awls, celts, chisels and such other tools and agricultural implements;
(iii) clubs, tomahawks and such other weapons;
(iv) harpoon heads, fish hooks, sinkers, and such other fishing implements;
(v) pipes, vessels, potsherds and such other pottery
;
(vi) effigies, rock drawings, wampum and such other ceremonial
and religious articles; and
(vii) beads, articles of adornment and such other objects used as trading goods.
(b)  Artifacts that relate to the progressive exploration, occupation, defense and development of the territory that is now Canada by non-aboriginal peoples, such as:
(i) arms, accoutrements, fragments of uniforms, buckles,
badges, buttons, and such other objects related to military activity;
(ii) beads, articles of adornment and such other objects used as
trading goods associated with the fur trade;
(iii) hunting, fishing and trapping implements;

(iv) ordnance, ship’s gear, anchors and such other objects related
to naval activity;
(v) religious paraphernalia and such other objects related to
missionary activity;
(vi) coins, cargo from shipwrecks or sunken ships and such other
objects related to transportation, supply and commerce;
(vii) utensils, implements, tools, weapons, household articles and such other objects related to early settlement and pioneer life; or
(viii) machinery and such other objects related to manufacture and industry.
(c) Organic remains associated with or representative of historic or prehistoric cultures.

'Objects of ethnographic material culture'made, reworked or adapted for use by aboriginal persons.

'Objects of applied and decorative art'
(a) Glassware, ceramics, textiles, woodenware or metalwork made in the territory that is now Canada, that is/are at least 100 years old, including:
(i) utensils, tools, earthenware and such other household articles;
(ii) costumes, embroidery, lace and such other objects related to dress;
(iii) personal weapons; and
(iv) objects of folk art.
(b)
Furniture, sculptured works in wood (other than sacred or religious carvings), or works in precious metals made in the territory that is now Canada, that is/are at least 100 years old, including:
(i) articles made of silver or gold;
(ii) jewelry;
(iii) decorative sculpture;
(iv) architectural features;
(v) furnishings, including carpets, tapestries and lighting fixtures; and
(vi) objects of folk art.
(c) Canadian medals, medallions, coins, or postage stamps made in the territory that
is now Canada and that are at least 50 years old.
(d) Objects made outside the territory that is now Canada, that are not less than 50 years old, and that:
(i) were commissioned by a person who at any time ordinarily resided in the territory that is now Canada;
(ii) incorporate a Canadian theme or subject; or
(iii) are identified with a prominent person, institution or memorable event that relates to the art history, history or national life of Canada.

'Objects of fine art'includes drawings, prints, paintings, sculptures that were made by persons residing in the territory that is now Canada; that were commissioned by persons who resided in the territory that is now Canada; that incorporate a Canadian theme or subject; or that are identified with the history or national life of Canada.

'Cartographic objects'— includes maps, cartographic books, or printed atlases that were made in the territory that is now Canada; that were made outside that territory by persons who resided in that territory; or that were made outside that territory and relating to the history or national life of Canada.

'Photographic objects'includes photographs, photographic records or documents, cinematographic films, or printed books/collections thereof, that were made in the territory that is now Canada; that were made outside that territory by persons who resided in that territory; or that were made outside that territory and relating to the history or national life of Canada.

'Iconographic objects'includes designs, pictorial records, printed books, or collections thereof, that were made in the territory that is now Canada; that were made outside that territory by persons who resided in that territory; or that were made outside that territory and relating to the history or national life of Canada.(Export Control List §2)

Relevant State Agencies

'Canadian Cultural Property Export Review Board' the Review Board reviews applications for export permits, decides whether an object is included in the Control List, and determines fair cash offers for the purchase of such objects. (1985 Act, §§18, 20 and 29)

'Department of Canadian Heritage'the Minister of Canadian Heritage shall preside over the Department and shall have jurisdiction over:
(1) the formulation of cultural policy, including foreign investment and copyright;
(2) the conservation, exportation and importation of cultural property; and
(3)
national museums, archives and libraries. (Heritage Act, §§ 2 & 4)


III.  Export Restrictions
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IV.  Ownership Rights and Restrictions
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V.  Violations, Penalties and Sanctions
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VI.  International Conventions and Bilateral Agreements
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Country Contact
for Cultural Property
Department of Canadian Heritage
Heritage Policy and Programs Directorate
25 Eddy Street
9th Fl.
Gatineau, Quebec K1A 0M5 pch.bcm-mcp.pch@canada.ca
Ph: 819-997-7761
Ph: 1-866-811-0055
F: 819-997-8392