Bill C-473
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C-473
Third Session, Fortieth Parliament,
59 Elizabeth II, 2010
HOUSE OF COMMONS OF CANADA
BILL C-473
An Act to protect insignia of military orders and military decorations and medals that are of cultural significance for future generations
Reprinted as amended by the Standing Committee on Veterans Affairs as a working copy for the use of the House of Commons at Report Stage and as reported to the House on October 25, 2010
Mr. Schellenberger
402398
SUMMARY
This enactment prohibits the export of insignia of military orders and military decorations and medals that are of cultural significance, unless an offer to sell the insignia to certain entities has first been submitted.
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http://www.parl.gc.ca
3rd Session, 40th Parliament,
59 Elizabeth II, 2010
house of commons of canada
BILL C-473
An Act to protect insignia of military orders and military decorations and medals that are 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
Short title
1. This Act may be cited as the Protection of Insignia of Military Orders and Military Decorations and Medals Act.
INTERPRETATION
Definitions
2. (1) The following definitions apply in this Act.
“common-law partner”
« conjoint de fait »
« conjoint de fait »
“common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year.
“insignia”
« insigne »
« insigne »
“insignia” means an insignia of a military order or a military decoration or medal that is awarded by Her Majesty in right of Canada and that is less than 50 years old.
“Review Board”
« Commission »
« Commission »
“Review Board” means the Canadian Cultural Property Export Review Board established by section 18 of the Cultural Property Export and Import Act.
Cultural significance
(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.
EXPORT OF INSIGNIA
Prohibition against export
3. (1) It is prohibited for any person to export or attempt to export an insignia of cultural significance unless that person has first submitted an offer to sell the insignia to the Canadian Museum of Civilization, which includes its affiliated museum the Canadian War Museum, the Department of Canadian Heritage or the Canadian Forces, and that person
(a) has received a refusal of his or her offer in writing; or
(b) has not received an acceptance of his or her offer within 120 days after the offer was received.
Exceptions
(2) Subsection (1) does not apply to the export of the insignia to a spouse or common-law partner, father, mother, grandfather, grandmother, child, child of the spouse or common-law partner, grandchild, brother, sister or heir of the owner of the insignia.
Inconsistency
(3) In the event of any inconsistency between the provisions of this section and the provisions of any letters patent, constitution, regulation or other instrument governing an insignia or the provisions of the Queen’s Regulations and Orders for the Canadian Forces, the provisions of the letters patent, constitution, regulation or other instrument or Queen’s Regulations and Orders for the Canadian Forces prevail to the extent of the inconsistency.
OFFENCE
Offence
4. Every person who contravenes section 3 is guilty of an offence punishable on summary conviction and liable to a fine of not more than $5,000.
REGULATIONS
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.
R.S., c. C-51
CULTURAL PROPERTY EXPORT AND IMPORT ACT
6. The Cultural Property Export and Import Act is amended by adding the following after section 20:
Duties
20.1 The Review Board shall, on request of the Minister, determine the amount of a fair cash offer to purchase in respect of an insignia that is offered for sale as required under subsection 3(1) of the Protection of Insignia of Military Orders and Military Decorations and Medals Act.
COMING INTO FORCE
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.
Published under authority of the Speaker of the House of Commons