Step 1File a request for review
An applicant whose application for an export permit was refused by a permit officer may, within thirty (30) days after the date on which the notice of refusal was sent, request a review by CCPERB. A request for review filed with CCPERB must include:
- The name, address and email address of the applicant;
- A copy of the application that is the subject of the request for review;
- A copy of the written notice of refusal sent to the applicant by the permit officer in respect of the application;
- A digital photograph of the object that is the subject of the request for review.
Step 2Overview of a proceeding
In a proceeding, CCPERB will determine whether an object:
- is included in the Control List;
- is of outstanding significance by reason of its close association with Canadian history or national life, its aesthetic qualities, or its value in the study of the arts or sciences; and
- is of such a degree of national importance that its loss to Canada would significantly diminish the national heritage.
For more information, see Outstanding Significance and National Importance for the Review of an Application for an Export Permit.
If CCPERB determines that the object meets all of the above criteria, it will then determine whether an institution or public authority in Canada might make a fair offer to purchase the object within six months.
If so, CCPERB will establish an export delay of between two and six months. During the delay period, the object cannot be exported from Canada. The purpose of the delay period is to provide an institution or public authority in Canada with an opportunity to purchase the object.
If CCPERB determines that the object fails to meet one of the above criteria, it will direct a Canada Border Services Agency permit officer to promptly issue an export permit for the object.
Step 3Applicant’s written statement
After having filed a request for review, the applicant is required to a file a written statement. The purpose of the written statement is:
- To provide sufficient details about the object to enable CCPERB to make an informed decision; and;
- To provide CCPERB with the applicant’s position whether the object is on the Control List, whether it is of outstanding significance and national importance, and whether a fair offer to purchase the object might be made by an institution or public authority in Canada after the date of CCPERB’s decision in the proceeding.
See the Model Directive for information required in the written statement, and an indication of the timeframe generally set by CCPERB for filing these documents.
Step 4Hearing and decision
CCPERB may render a decision based on the documents submitted by the applicant. However, an applicant may request that CCPERB hold a hearing in order to make oral submissions to highlight specific issues related to the proceeding. CCPERB also may, on its own initiative, schedule a hearing. Hearings will generally be held by teleconference, unless the circumstances justify otherwise.
CCPERB will render its decision in a proceeding within four months after the request for review is received, unless the circumstances of a particular case require otherwise. CCPERB will send the applicant a copy of the decision in writing together with the reasons for the decision.
If CCPERB decides not to establish a delay period in a matter, it will direct a Canada Border Services Agency permit officer to promptly issue an export permit for the object.
If CCPERB establishes an export delay, the delay period will begin on the date of CCPERB’s written decision. The applicant may request that an export permit be issued at any time after the delay period expires, unless CCPERB has received a request for the determination of a fair cash offer to purchase the object.
CCPERB’s decision in every proceeding will be posted on the CCPERB website in both official languages.
Step 5Other potential steps
In order to support informal, expeditious, fair and transparent proceedings, the proceeding may involve any of the following steps, depending on the circumstances of the request.
CCPERB may establish a panel
CCPERB is comprised of up to ten members who are experts in various areas of cultural property. All members of CCPERB may participate in a proceeding. However, the Chair of CCPERB may establish a panel comprised of fewer members to make the decision in a proceeding. The purpose in establishing a panel in a proceeding is to allow CCPERB to render a decision as expeditiously as possible.
An applicant may file an expert report
An applicant may file an expert report together with the written statement. See the Model Directive for information required in an expert report, and an indication of the timeframe generally set by CCPERB for filing these documents.
CCPERB may request a written report from an adviser
CCPERB may request the advice of an adviser on any fact at issue in a proceeding. If CCPERB obtains advice from an adviser, a copy of the adviser’s written report will be sent to the applicant, together with CCPERB’s written request for that advice. The applicant will be given the opportunity to comment on the written report.
CCPERB may request that an applicant make the object available in Canada for examination
Generally it is not necessary for CCPERB to examine an object in person in order to make a decision in a proceeding. However, there are situations where an in-person examination of the object might be necessary in order to address specific issues such as condition or authenticity. Consequently, CCPERB may request that an applicant make the object available in Canada for examination by one or more members of CCPERB, or by an adviser whose advice was requested by CCPERB.
