Bill C-473

2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-473

An Act to protect insignia of military orders, decorations and medals of cultural significance for future generations

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

1. This Act may be cited as the Protection of Insignia of Military Orders, Decorations and Medals Act.

INTERPRETATION

2. (1) The following definitions apply in this Act.

“fair market value”, in respect of an insignia, means the fair market value established for the insignia by the Review Board in accordance with section 21.1 of the Cultural Property Export and Import Act.

“insignia” means an insignia of a military order, decoration or medal awarded under the authority of Her Majesty in right of Canada.

“near relative”, in respect of the owner of an insignia, means the father, mother, grandfather, grandmother, child, grandchild, brother or sister of the owner.

“resident” means a resident of Canada as defined in section 2 of the Cultural Property Export and Import Act.

“Review Board” means the Canadian Cultural Property Export Review Board established by section 18 of the Cultural Property Export and Import Act.

(2) An insignia shall be considered to be an insignia of cultural significance if it is identified as such in the regulations or if it meets the criteria for cultural significance set out in the regulations.

TRANSFER OF INSIGNIA

3. (1) No person shall transfer an insignia of cultural significance to a non-resident unless the person has given the right of first refusal to the Government of Canada by submitting an offer to sell the insignia, at fair market value, to the Canadian War Museum, the Canadian Museum of Civilization or the Department of Canadian Heritage, and

(a) the seller has received written confirmation from the Museum or the Department that it declines the offer; or

(b) the Museum or Department has not accepted the offer within 120 days after receiving it.

(2) Subsection (1) does not apply to the transfer of an insignia to

(a) a near relative of the owner of the insignia; or

(b) an heir of the owner of the insignia upon the death of the owner.

OFFENCE

4. Every person who contravenes section 3 in respect of an insignia is guilty of an offence punishable on summary conviction and liable to a fine in an amount that does not exceed five times the fair market value of the insignia.

REGULATIONS

5. The Governor in Council may make regulations

(a) identifying insignia of cultural significance and the criteria to be applied in determining whether an insignia is of cultural significance; and

(b) concerning any other matter referred to in this Act.

CULTURAL PROPERTY EXPORT AND IMPORT ACT

6. The Cultural Property Export and Import Act is amended by adding the following after section 20:

COMING INTO FORCE

7. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.