Canadian Cultural Property Export Control List

Order Establishing a Canadian Cultural Property Export Control List This Order may be cited as the Canadian Cultural Property Export Control List. This Order applies only to an object that is 50 or more years old and was made by a natural person who is no longer living. In this Group, Aboriginal peoples of Canada means, collectively, those persons of Indian or Inuit ancestry, including Métis persons, or persons recognized as being members of an Indian, Inuit or Métis group by the other members of that group, who at any time ordinarily resided in the territory that is now Canada; (Autochtones du Canada) artifact means an object made or reworked by a person or persons and associated with historic or prehistoric cultures; (objet façonné) described mineral specimen means a mineral specimen for which scientific data, illustrations or descriptions appear in a professional publication; (spécimen minéral décrit) fossil means the preserved remains or traces of animals or plants that lived in the geological past but does not include fossil fuels or fossiliferous rock intended for industrial use, or a carving or sculpture made by a person or persons from fossiliferous or fossilized matter; (fossile) fossil amber means fossil resin with or without inclusions; (ambre jaune) invertebrate fossil means the fossilized remains of an animal that did not possess a backbone; (invertébré fossile) meteorite means any naturally-occurring object of extraterrestrial origin; (météorite) mineral means an element or chemical compound that occurs naturally in soil or water and includes crystals and naturally occurring metals, and gemstones whether or not polished or facetted by a person or persons. It does not include minerals, ores and concentrates intended for industrial use, or a carving or sculpture made by a person or persons from minerals; (minéral) plant fossil means the fossilized remains of vegetable matter; (plante fossile) recovered from the soil, in respect of an object or specimen, means that the object or specimen has originated in or has been excavated from bedrock or sediments, has been retrieved as a find from the surface of bedrock or sediments or has been recovered from snow or ice; (trouvé sur ou dans le sol) tektite means any natural form of silicate glass of non-volcanic origin; (tectite) type fossil specimen means any fossil specimen or portion thereof of a biological species used in the original scientific study and published description of that species; (spécimen fossile type) type mineral specimen means any mineral specimen or portion thereof of a mineral species used in the original scientific study and published description of that species; (spécimen minéral type) vertebrate fossil means the fossilized remains of an animal that possessed a backbone; (vertébré fossile) vertebrate trace fossil means the fossilized trace of a vertebrate. (empreinte fossile de vertébré) Mineral specimens, whether composed of a single mineral, a part of a mineral or an aggregate of minerals, recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada, as follows: a type mineral specimen or a described mineral specimen of any value; a single mineral specimen of a fair market value in Canada of more than $2,000; a collection of 10 or more mineral specimens of a fair market value in Canada of more than $5,000 recovered from a specific mine, quarry or locality; mineral specimens in bulk, recovered from a specific mineral occurrence, weighing 225 kg (500 pounds) or more of any value; and meteorites and tektites of any value. Palaeontological specimens recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada, as follows: a type fossil specimen of any value; fossil amber of any value; a vertebrate fossil specimen of a fair market value in Canada of more than $500; an invertebrate fossil specimen of a fair market value in Canada of more than $500; specimens in bulk weighing 11.25 kg (25 pounds) or more of vertebrate fossils or vertebrate trace fossils of any value; and specimens in bulk weighing 22.5 kg (50 pounds) or more, recovered from a specific outcrop, quarry or locality, that include one or more specimens of any value of the following, namely, invertebrate fossils, plant fossils, or fossiliferous rock containing plant fossils or invertebrate fossils. An archaeological object of any value recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada not less than 75 years after its burial, concealment or abandonment if the object is an artifact or organic remains, including human remains, associated with or representative of historic or prehistoric cultures. Without restricting the generality of subitem (1), archaeological objects described in that subitem include artifacts that relate to the Aboriginal peoples of Canada, namely, arrow heads, harpoon heads and such other projectile points used as hunting implements, adzes, axes, awls, celts, chisels and such other tools and agricultural implements, clubs, tomahawks and such other weapons, harpoon heads, fish hooks, sinkers, and such other fishing implements, pipes, vessels, potsherds and such other pottery, effigies, rock drawings, wampum and such other ceremonial and religious articles, and beads, articles of adornment and such other objects used as trading goods; artifacts that relate to the progressive exploration, occupation, defence and development of the territory that is now Canada by non-aboriginal peoples, namely, arms, accoutrements, fragments of uniforms, buckles, badges, buttons, and such other objects related to military activity, beads, articles of adornment and such other objects used as trading goods associated with the fur trade, hunting, fishing and trapping implements, ordnance, ship’s gear, anchors and such other objects related to naval activity, religious paraphernalia and such other objects related to missionary activity, coins, cargo from shipwrecks or sunken ships and such other objects related to transportation, supply and commerce, utensils, implements, tools, weapons, household articles and such other objects related to early settlement and pioneer life, and machinery and such other objects related to manufacture and industry; and organic remains associated with or representative of historic or prehistoric cultures. The definitions in this section apply in this Group. Aboriginal person of Canada means a person of Indian or Inuit ancestry, including a Métis person, or a person recognized as being a member of an Indian, Inuit or Métis group by the other members of that group, who at any time ordinarily resided in the territory that is now Canada. (Autochtone du Canada) object of ethnographic material culture means an object that was made, reworked or adapted for use by a person who is an Aboriginal person of Canada, or an aboriginal person of a country other than Canada, that may incorporate features reflecting contact with non-aboriginal cultures; and be a single object or an object together with its component parts that form a single unit. (objet de culture matérielle ethnographique) An object of ethnographic material culture that has a fair market value in Canada of more than $3,000 and was made, reworked or adapted for use by an Aboriginal person of Canada; has a fair market value in Canada of more than $10,000 and was made, reworked or adapted for use by an aboriginal person of the territory that is now the United States, Greenland, or the part of the Russian Federation east of 135° longitude; or has a fair market value in Canada of more than $20,000 and was made, reworked or adapted for use by a person who is an aboriginal person of a territory other than a territory mentioned in paragraph (a) or (b). accoutrement means a military accessory that is associated with the wearing of or use of a specific hand-carried weapon or piece of ordnance. It includes magazines, loading tools, belts, straps, holsters, mounts, telescopic or other sights, powder horns or flasks, bullet pouches, molds or starters, ramrods or wiping sticks, bayonets, scabbards and carrying cases. (accessoires) dress means an object that is armour, a head-dress, pantaloons, a tunic with trappings, accessories or any other associated articles that form a part of military apparel. (costume) hand-carried weapon or piece of ordnance includes a small arm, staff-weapon or an edged weapon; and a cannon or artillery piece that is muzzle-loaded or breech-loaded, whether originally mounted or unmounted, that was used or designed to be used for a warlike purpose. (arme portative ou pièce d’artillerie) military shall be construed as relating to any warlike force. (militaire) Military objects made within or out of the territory that is now Canada if they relate to military activities that took place in the territory or if they relate to a person who at any time ordinarily resided in the territory and who participated in military activities that took place out of the territory, namely, an order, decoration, medal, insignia, including a ribbon, collar or sash normally associated with such order, decoration, medal or insignia, that has a fair market value in Canada of more than $3,000; a flag, colour, banner or pennant that has a fair market value in Canada of more than $3,000; dress that has a fair market value in Canada of more than $3,000; and any hand-carried weapon or piece of ordnance, or their associated accoutrements, that has a fair market value in Canada of more than $3,000. In this Group, object of applied and decorative art means art in which the principles of design, ornamentation, enrichment and decoration are applied to the production of functional and utilitarian objects or architectural features. Objects of applied and decorative art that are more than 100 years old made in the territory that is now Canada, namely, glassware, ceramics, textiles, woodenware and works in base metals that have a fair market value in Canada of more than $1,000; and furniture, sculptured works in wood, other than sacred or religious carvings, works in precious metals and other objects of applied and decorative art that have a fair market value in Canada of more than $4,000. Without restricting the generality of paragraph (1)(a), objects of applied and decorative art described in that paragraph include utensils, tools, earthenware and such other household articles; costumes, embroidery, lace and such other objects related to dress; personal weapons; and objects of folk art. Without restricting the generality of paragraph (1)(b), objects of applied and decorative art described in that paragraph include articles made of silver or gold; jewellery; decorative sculpture; architectural features; furnishings, including carpets, tapestries and lighting fixtures; and An object of applied and decorative art that was made in the territory that is now Canada, that is not less than 50 years old and that has a fair market value in Canada of more than $3,000, namely, a sacred or religious carving. An object of applied and decorative art that is not less than 50 years old, that was made within or outside the territory that is now Canada by a person who at any time ordinarily resided in that territory and that has a fair market value in Canada of more than $6,000. An object of applied and decorative art that is made outside the territory that is now Canada, that is not less than 50 years old and that has a fair market value in Canada of more than $3,000, namely, a Canadian pattern coin; a trial strike of a Canadian coin; a medal or medallion intended for or awarded to a person who at any time ordinarily resided in the territory that is now Canada; or a pre-production proof of a Canadian postage stamp. An object of applied and decorative art, other than an object described in subsection (1), that is made outside the territory that is now Canada, that is not less than 50 years old, that has a fair market value in Canada of more than $8,000 and that was commissioned by a person who at any time ordinarily resided in the territory that is now Canada; incorporates a Canadian theme or subject; or is identified with a prominent person, institution or memorable event that relates to the art history, history or national life of Canada. Any object of applied and decorative art, other than an object described in section 5, that was made outside the territory that is now Canada, that is not less than 50 years old and that has a fair market value in Canada of more than $15,000. drawing means a unique artistic representation or work including calligraphy, usually on paper, parchment or vellum, executed in media such as pen and ink, ink wash, black or colour chalk, pastels, charcoal, graphite, water colour, gouache or metal-point. (dessin) painting means a unique artistic representation or work executed in oil-base pigments, fresco, collage, tempera, encaustic, synthetic or other media on stretched canvas, mounted paper, cardboard or other manufactured board, metal, glass, wood, silk or other support. (peinture) print means an artistic representation or work usually on paper or vellum, executed in media such as woodcut, metalcut, wood engraving, engraving, etching, drypoint, mezzotint, aquatint, soft ground, lithography, monotype, cliché-verre or silk screen. (estampe) sculpture means an artistic representation or work in three dimensions that is carved, modeled or constructed and includes such a representation that has subsequently been cast in plaster, metal or other substance that will take on a rigid form. (sculpture) An object of fine art that is made within or outside the territory that is now Canada by a person who at any time ordinarily resided in the territory that is now Canada and that in the case of drawing or print, has a fair market value in Canada of more than $5,000; in the case of a painting or sculpture, has a fair market value in Canada of more than $15,000; and in the case of works of fine art in media other than those listed in paragraph (a) or (b), or works of art in multi-media, has a fair market value in Canada of more than $5,000. Objects of fine art made within or outside the territory that is now Canada, namely, a drawing or print that has a fair market value in Canada of more than $7,500, a painting or sculpture that has a fair market value in Canada of more than $20,000, and a work of fine art in media other than those listed in paragraph (a) or (b), or works of fine art in multi-media, that has a fair market value in Canada of more than $7,500, The object referred to in paragraph (1)(a), (b) or (c) must have been commissioned by a person who at any time ordinarily resided in the territory that is now Canada, incorporate a Canadian theme or subject, or be 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, other than the objects described in section 2 or 3, that are made outside the territory that is now Canada, namely, a drawing or print that has a fair market value in Canada of more than $15,000; a painting or sculpture that has a fair market value in Canada of more than $30,000; and a work of fine art in media other than those listed in paragraph (a) or (b), or works of fine art in multi-media, that has a fair market value in Canada of more than $20,000. For prints executed since 1880, a distinction shall be made between an original print in which the artist has had direct control in the preparation of the printing surface or photomechanical process involved and a reproduction made by only photomechanical means. The date of a print is established by the date of the execution of the printing surface or the date of the impression from the printing surface. Photographs are included in Group VII of this List. machine means a contrivance that is used in the performance of some kind of work or activity and that consists of inter-related parts and uses any source of energy including animal power, manpower, air, water, light, steam, gravity, friction, combustion or electricity, but does not include scrap metal intended for industrial purposes; (machine) patent model means the model constructed for the purpose of obtaining a patent for an invention, discovery or process; (modèle breveté) prototype model means any original working model on which subsequent production was based; (prototype) scale model means a model reduced in size according to a fixed scale or proportion; (modèle réduit) scientific apparatus means an assembly of objects forming a unit constructed for the purpose of research in any scientific discipline; (appareil scientifique) scientific instrument means an implement, tool or device used for practical or scientific purposes as an instrument for examining or measuring. (instrument scientifique) An object that was made, designed or invented in the territory that is now Canada, or that was made, designed or invented out of the territory by a person who at any time ordinarily resided in the territory, and that has a fair market value in Canada of more than $3,000, as follows: a scientific instrument, other than a scientific instrument that is intended to be used for any scientific or technological purpose; an original scientific apparatus; or a scale model, patent model or prototype model of a scientific instrument, original scientific apparatus or machine. A machine, other than a machine that is intended to be used for a manufacturing, industrial or commercial purpose, that was made, designed or invented in the territory that is now Canada or that was made, designed or invented outside that territory by a person who at any time ordinarily resided in that territory, and that has a fair market value in Canada of more than $3,000. The following objects made out of the territory that is now Canada if they relate to the history of science and the development of technology in Canada, namely, a scientific instrument, other than a scientific instrument that is intended to be used for any scientific or technological purpose, that has a fair market value in Canada of more than $5,000; and a machine, other than a machine that is intended to be used for a manufacturing, industrial or commercial purpose, that has a fair market value in Canada of more than $5,000. The following objects made out of the territory that is now Canada other than the objects described in item 4, if they are related to the history of science and the development of technology, namely, a scientific instrument, other than a scientific instrument that is intended to be used for any scientific or technological purpose, that has a fair market value in Canada of more than $8,000; and a machine, other than a machine that is intended to be used for a manufacturing, industrial or commercial purpose, that has a fair market value in Canada of more than $8,000. The definitions in this section apply in this section and section 2. broadsheet means a publication that consists of a single sheet printed on both sides, sometimes also referred to as a handbill. (prospectus) broadside means a publication that consists of a single sheet bearing information on one side only that is intended to be affixed to a surface and that is more textual than graphic. (placard) document, manuscript or record[Repealed, SOR/2005-260, s. 15] leaflet means a publication that consists of one or more sheets, printed on both sides, that is folded but not stitched or bound. (feuillet) manuscript, record or document means textual material in holograph or typescript, excluding printed materials and other works intended for public distribution such as printed books, pamphlets, or serials. Nevertheless, objects considered to be a manuscript, record or document include a diary, ledger or letterbook; a literary manuscript; a leaflet, broadsheet, broadside or poster; a letter and enclosures; a cover or sheet that contains postal markings or that incorporates postage or revenue stamps; a memorandum, report or account; sheet music; printed ephemera; and a single newspaper. (manuscrit, pièce d’archives ou document) printed book or pamphlet means a work of at least two pages, exclusive of cover pages, made up of sheets bound, stitched or fastened together so as to form a material whole under an established date of printing. It includes each work in a set issued under a single title. (livre imprimé ou brochure) serial means a publication that appears at intervals for an indefinite period. (série) serial title means a run of a serial, irrespective of its continuity. (titre de série) textual record[Repealed, SOR/2005-260, s. 15] Textual records if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory, or were made outside that territory and relate to the history or national life of Canada, namely, a manuscript, record or document that has a fair market value in Canada of more than $1,000; a collection of associated manuscripts, records or documents that has a fair market value in Canada of more than $2,000; a printed book or pamphlet, a set of printed books or pamphlets under a single title or a serial title, other than a newspaper, that has a fair market value in Canada of more than $3,000; and a collection of associated printed books or pamphlets or serial titles, other than a collection of newspapers, that has a fair market value in Canada of more than $15,000. Without restricting the generality of subsection (1), examples of paper money considered to be a manuscript, record or document include card money, ordonnances of the French regime, army bills of the years 1813 to 1815 and provincial treasury notes made before the year 1818 for circulation in the territory that is now Canada. The age of any printed material is determined by the established date of printing for the material. The definitions in this section apply in this section and sections 4 to 6. cartographic record or document means a collection of cartographic representations composed of manuscript or printed material that is bound, stitched or fastened together to form a unit that has no established date of printing for the unit as a whole; a single sheet on which are cartographic representations, irrespective of folding; or cartographic material that is unattached and issued in a combination other than a printed book, such as boxed maps, irrespective of the date of printing, or in a loose format that clearly forms a single unit of visual information. (pièce d’archives cartographiques ou document cartographique) cinematographic film means positive or negative film, with or without sound, that contains continuous images designed to create the illusion of motion when projected in rapid succession, and includes film issued in any form in a set under a single title that may or may not be part of the film. Cinematographic films issued as a serial are considered to be a collection of associated cinematographic films. (film cinématographique) design means a preliminary sketch or drawing or an outline sketch, drawing, print or plan of a work of art, an edifice, a machine or any other subject to be constructed or made. (dessin) graphic record means a book, manuscript, record, document, photographic positive or negative, cinematographic film, map or any designs or material whose primary object is the communication of information in a visual form, other than written or printed language. (pièce d’archives graphiques) iconographic object means a graphic representation such as a design, illustration or other document that consists primarily of graphic representations or pictures. (objet iconographique) map means a document that is a cartographic representation and includes a topographic, hydrographic, military, cadastral, aeronautic or survey map, cartogram, chart or plan. (carte) photographic record or document means a collection of photographs attached or mounted to form a unit, other than a printed book such as a photograph album; or a collection of loose or unattached photographs that clearly form a single unit of visual information. A photograph may take the form of a daguerrotype, ambrotype, calotype, talbotype, tintype, transparency, cinegraph or hologram. (pièce d’archives photographiques ou document photographique) pictorial record or document means a bound or attached collection of designs such as a sketch book; or a collection of loose or unattached designs that clearly form a single unit of visual information, such as a set of architectural plans or blueprints. (pièce d’archives picturales ou document pictural) printed atlas or cartographic book means a bound work with an established date of printing and includes each volume of a set of bound works issued under a single title. (atlas ou recueil de cartes imprimés) printed book of photographs or printed book of pictures or designs means a bound work with an established date of printing and includes each volume of a set of bound works issued under a single title. (recueil de photographies impriméourecueil d’illustrations ou de dessins imprimé) Cartographic objects if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were made outside that territory and relate to the history or national life of Canada, namely, a map, cartographic record or document that has a fair market value in Canada of more than $1,000; a collection of associated maps or cartographic records or documents that has a fair market value in Canada of more than $2,000; a printed atlas or cartographic book or a set of atlases or cartographic books under a single title that has a fair market value in Canada of more than $2,000; and a collection of associated printed atlases or cartographic books that has a fair market value in Canada of more than $10,000. Photographic objects if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were made outside that territory and relate to the history or national life of Canada, namely, a photograph, photographic record or document or a cinematographic film that has a fair market value in Canada of more than $1,000; a collection of associated photographs, photographic records or documents or cinematographic films that has a fair market value in Canada of more than $2,000; a printed book of photographs or a set of printed books of photographs under a single title that has a fair market value in Canada of more than $2,500; and a collection of associated printed books of photographs that has a fair market value in Canada of more than $15,000. Iconographic objects if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were made outside that territory and relate to the history or national life of Canada, namely, a design, pictorial record or document that has a fair market value in Canada of more than $1,000; a collection of associated designs or pictorial records or documents that has a fair market value in Canada of more than $2,000; a printed book of pictures or designs or a set of printed books of pictures or designs under a single title that has a fair market value in Canada of more than $2,000; and a collection of associated printed books of pictures or designs that has a fair market value in Canada of more than $10,000. In this section and sections 8 and 9, sound recording means an object in any medium on which sound has been registered by mechanical or electrical means so that the sound may be reproduced and played back; objects of recorded sound issued in a set under a single title, irrespective of the date or dates of recording of the individual units in the set; and a collection of physically separated objects of recorded sound where the collection clearly forms a single unit. A sound recording may take the form of a cylinder, disc, belt, spool, cassette or cartridge. Sound recordings if they were made in the territory that is now Canada, were made outside that territory by a person who at any time ordinarily resided in that territory or were made outside that territory and relate to the history or national life of Canada, namely, a sound recording or a document of recorded sound that has a fair market value in Canada of more than $1,000; and a collection of associated sound recordings or documents of recorded sound that has a fair market value in Canada of more than $2,000. Objects that are made outside the territory that is now Canada, namely, a graphic or textual object, other than a design or a photograph, that has a fair market value in Canada of more than $10,000; a collection of associated graphic or textual objects, other than photographs, that has a fair market value in Canada of more than $25,000; a design that has a fair market value in Canada of more than $3,000; a photograph that has a fair market value in Canada of more than $2,000; and a collection of associated photographs that has a fair market value in Canada of more than $10,000. In this Group, musical instrument means an object that is a device designed to produce sounds in melodic or harmonic combination. A musical instrument that was made within or outside the territory that is now Canada, that is identified with a prominent person, institution or memorable event that relates to the history or national life of Canada, and that has a fair market value in Canada of more than $3,000. A musical instrument, other than a musical instrument described in section 2, that was made within the territory that is now Canada or made outside that territory by a person who at any time ordinarily resided in that territory and that has a fair market value in Canada of more than $5,000. A musical instrument, other than a musical instrument described in section 2 or 3, that was made outside the territory that is now Canada and that has a fair market value in Canada of more than $50,000.