Foreign Cultural Objects Immunity from Seizure Act, 2019, S.O. 2019, c. 14, Sched. 1

Foreign Cultural Objects Immunity from Seizure Act, 2019

S.o. 2019, chapter 14
Schedule 1

Consolidation Period:  From April 7, 2022 to the e-Laws currency date.

No amendments.

Definitions

1 In this Act,

“designated institution” means an institution designated by the regulations under this Act; (“établissement désigné”)

“Minister” means the member of the Executive Council to whom responsibility for the administration of this Act is assigned or transferred under the Executive Council Act; (“ministre”)

“prescribed” means prescribed by the regulations made under this Act; (“prescrit”)

“proceeding” means any proceeding, and includes an arbitral, administrative or court proceeding. (“instance”)

Immunity

2 (1) No proceeding shall be commenced and no judgment, decree, order, warrant or any other remedy shall be enforced in Ontario for the purpose of or having the effect of depriving a designated institution of custody or control of a work of art or other cultural object while that work or object is in Ontario, if,

(a)  the work or object is from a foreign country and is brought into Ontario pursuant to an agreement between the foreign owner or custodian of the work or object and the designated institution providing for the temporary exhibition or display of the work or object in Ontario that is administered, operated or sponsored by the designated institution; and

(b)  the prescribed requirements are met.

Same, carrier

(2) No proceeding shall be commenced and no judgment, decree, order, warrant or any other remedy shall be enforced in Ontario for the purpose of or having the effect of depriving a carrier engaged in transporting a work of art or other cultural object of custody or control of that work or object while that work or object is in Ontario, if,

(a)  the work or object is from a foreign country and is brought into Ontario pursuant to an agreement between the foreign owner or custodian of the work or object and a designated institution providing for the temporary exhibition or display of the work or object in Ontario that is administered, operated or sponsored by the designated institution; and

(b)  the prescribed requirements are met.

Proceedings in respect of agreements not precluded

(3) Subsections (1) and (2) do not preclude any proceeding in respect of any agreement referred to in clause (1) (a) or (2) (a) or any agreement with respect to the transport of a work of art or other cultural object to which subsection (1) or (2) applies.

Reports

3 A designated institution shall, if required to do so by the regulations, provide reports to the Minister at the prescribed times and in the prescribed form.

Regulations

4 The Minister may make regulations providing for any matters which, in the opinion of the Minister, are necessary or advisable for the purposes of this Act, including,

(a)  prescribing anything required to be or referred to in this Act as being prescribed by the regulations;

(b)  designating institutions for the purpose of the definition of “designated institution” in section 1;

(c)  governing transitional matters that may arise due to the enactment of this Act and the repeal of the Foreign Cultural Objects Immunity from Seizure Act.

5 Omitted (amends, repeals or revokes other legislation).

6 Omitted (provides for coming into force of provisions of this Act).

7 Omitted (enacts short title of this Act).