Importing And Exporting Cultural Property – Key Considerations

The cross-border movement of cultural property is highly regulated. While many engaged in the business of exporting and importing cultural property will understand the legal complexities involved, the determination of whether a particular transaction complies with Canadian law is made on a case-by-case basis. As such, parties should discuss the matters addressed below with their advisors to review all aspects of transaction prior to engaging in the regulated activity.

In Canada, the regulation of the cross‐border movement of cultural property is achieved principally through two statutory controls: the Cultural Property Export and Import Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. Cultural property can be broadly defined as objects of historical, cultural and scientific significance, including objects of art.