Canadian Cultural Property Export Review Board

Canadian Cultural Property Export Review Board
Name	Canadian Cultural Property Export Review Board
Formation	1972
Type	Arms-length tribunal
Headquarters	Ottawa, Ontario
Region served	Canada
Parent organization	Department of Canadian Heritage

Canadian Cultural Property Export Review Board is an independent administrative tribunal established to evaluate the national importance of cultural heritage items offered for export from Canada. It operates within the framework established by the Cultural Property Export and Import Act and interacts with entities such as the Department of Canadian Heritage, Library and Archives Canada, and provincial institutions like the Ontario Heritage Trust. The Board's activities affect museums, galleries, private collectors, auction houses, and indigenous authorities including Assembly of First Nations stakeholders.

History

The Board was created in 1972 following debates in the Parliament of Canada about cultural patrimony and the preservation of artefacts associated with events like the Confederation (Canada). Early influences included international instruments such as the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and comparable bodies like the British Committee on the Export of Works of Art and the French Commission for the Protection of Works of Art. Landmark Canadian cases involving collections from figures such as Emily Carr and holdings dispersed after the North-West Rebellion heightened public attention. Over decades, the Board adapted to decisions by courts including the Supreme Court of Canada and consultations with provincial ministries such as Quebec Ministry of Culture and Communications.

Mandate and Legal Framework

The Board's mandate derives from the Cultural Property Export and Import Act, which empowers it to assess objects against criteria established by regulations and policies crafted alongside the Department of Canadian Heritage and the Minister of Canadian Heritage. The Act situates the Board in relation to agencies such as Canadian Heritage programs, National Gallery of Canada, and the Canadian Museum of History while aligning with international obligations under the UNESCO Convention. Legal doctrine shaped by cases in the Federal Court of Canada and guidance from the Canadian Judicial Council informs procedural fairness, administrative law standards, and the interplay with provincial cultural legislation like the Heritage Conservation Act of British Columbia.

Organizational Structure and Governance

Governance is provided by appointed members drawn from fields represented by institutions including the Canadian Museums Association, the Association of Art Museum Curators, and the Royal Ontario Museum. The Board reports administratively through the Department of Canadian Heritage but operates at arm’s length, with appointments effected by the Governor in Council. Secretariat functions are coordinated with bodies such as Library and Archives Canada and professional organizations like the Canadian Conservation Institute. Oversight mechanisms reference norms promoted by entities such as the Office of the Auditor General of Canada and the Privy Council Office.

Export Review Process

Claims that an object is of "outstanding significance and national importance" trigger evaluations by subject-matter experts from collections at institutions like the Art Gallery of Ontario, the Musée national des beaux-arts du Québec, and the Vancouver Art Gallery. The review process involves provenance research often consulting the Canadian War Museum, the Royal BC Museum, and indigenous custodians including the Inuit Tapiriit Kanatami. Decisions weigh comparanda from archives such as Library and Archives Canada and collections at the McCord Museum, with submissions occasionally prompting testimony from curators at the National Gallery of Canada or scholars associated with universities like the University of Toronto and the Université de Montréal.

Designation of Cultural Property

Designation procedures enable institutions such as the Canadian Conservation Institute and provincial heritage trusts to make acquisition claims supported by documentation from curators at the Canadian Museum of History or researchers affiliated with the Canadian Centre for Architecture. The Board issues certificates of designation that have implications for collections management at the Bata Shoe Museum, the Canadian Warplane Heritage Museum, and community institutions including the Aga Khan Museum and the Nationale de l'Acadie-linked archives. Indigenous cultural property considerations draw on consultations with organizations such as the National Indigenous Congress and legal frameworks reflected in decisions by the Federal Court of Appeal.

Rewards and Export Controls

When an object is deemed of national importance, the Act authorizes temporary export delays to enable Canadian institutions like the Royal Saskatchewan Museum or the Museum of Anthropology at UBC to acquire items. The Board's recommendations underpin reward mechanisms that mirror acquisition assistance provided by programs administered through the Canada Council for the Arts and the Department of Canadian Heritage. Export permits intersect with customs enforcement by the Canada Border Services Agency and with restitution discussions involving international partners such as the Smithsonian Institution and the British Museum. Financial consequences and tax treatments involve consultations with the Canada Revenue Agency and cultural funding bodies like Canadian Heritage grant programs.

Notable Cases and Impact

Notable cases have involved works connected to Tom Thomson, important indigenous objects repatriated after discussions with the Truth and Reconciliation Commission of Canada, and archaeological material traced to events like the Red River Rebellion. Decisions have influenced acquisitions by the National Gallery of Canada, the Art Gallery of Ontario, and regional institutions including the Musée d'art contemporain de Montréal. The Board's rulings have prompted legislative reviews in the House of Commons of Canada, academic commentary from scholars at the University of British Columbia and the University of Toronto Faculty of Law, and critique from stakeholders such as the Canadian Museums Association and private dealers associated with the Association of Canadian Antique Dealers. Its role continues to shape debates involving repatriation to groups represented by the Assembly of First Nations, cross-border transactions with the United States Department of State and heritage policy discussions at the UNESCO World Heritage Committee.

Category:Cultural heritage of Canada