This Act lets certain foreign cultural property brought into Alberta be protected from court proceedings and enforcement, if the Minister makes the required significance order and it is published.
FOREIGN CULTURAL PROPERTY IMMUNITY ACT Chapter F‑17 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Definition 1 In this Act, (a) “cultural property” means property belonging to any one or more of the following categories: (i) collections and specimens of fauna, flora, minerals and objects of palaeontological interest; (ii) property relating to history, including the history of science and technology and military and social history, to national leaders, academics and scientists and to events of national importance; (iii) products of archaeological excavations or of archaeological discoveries; (iv) elements of artistic or historical monuments or archaeological sites that have been dismantled or dismembered; (v) antiquities, including inscriptions, coins and engraved seals; (vi) objects of ethnological interest; (vii) property of artistic interest, including the following: (A) pictures, paintings and drawings produced entirely by hand on any support and in any material; (B) works of statuary art and sculpture in any material; (C) engravings, prints and lithographs; (D) artistic assemblages and montages in any material; (viii) manuscripts, books, documents and publications of special interest; (ix) postage, revenue and similar stamps; (x) archives, including sound, photographic and cinematographic archives; (xi) articles of furniture and musical instruments; (b) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act. RSA 2000 cF-17 s1;2023 c5 s4 Immunity from seizure of foreign cultural property 2 (1) When any cultural property ordinarily kept in a foreign country is brought into Alberta pursuant to an agreement between the owner or custodian of the cultural property and the Government of Alberta or any cultural, educational or research institution for the purpose of the temporary exhibition or display of the cultural property or the temporary use of the cultural property for research purposes by the Government of Alberta or the institution, no proceedings shall be taken in any court and no judgment, decree or order shall be enforced in Alberta for the purpose of, or having the effect of, depriving the Government of Alberta or the institution or any carrier engaged in transporting the cultural property into, within or out of Alberta of the custody or control of the cultural property if, before the cultural property is brought into Alberta, (a) the Minister determines that the cultural property is of significance and orders that the cultural property is to be governed by this section, and (b) the order is published in The Alberta Gazette. (1.1) A cultural, educational or research institution referred to in subsection (1) may apply to the Minister, in the form and manner established by the Minister, for an order under this section. (2) Subsection (1) ceases to apply with respect to cultural property if the Minister, by order, rescinds a determination made under this Act that the cultural property is of significance. (3) Subsection (1) does not preclude any judicial action for or in aid of the enforcement (a) of any of the terms of an agreement referred to in subsection (1), or (b) of the obligation of a carrier under any contract for the transportation of the cultural property in the fulfilment of any obligation assumed by the Government of Alberta or the cultural, educational or research institution pursuant to an agreement referred to in subsection (1). RSA 2000 cF-17 s2;2023 c5 s4