Some Fine Art Cannot Be Exported From Canada

When you purchase fine art in Canada, you must apply for an export permit before you will be permitted to export the artwork. It is possible that the Government of Canada will not grant the export permit if the artwork is the work is on the Canadian Cultural Property Export Control List (the "Cultural Proeprt Export Control List") and if the work is of "outstanding significance" or the work is of such a degree of "national importance" that its export would significantly diminish the national heritage. It is important to know Canada's rules before you acquire Canadian fine art and cultural proeprty for export.

The complexities of exporting Canadian fine art was highlighted in a recent Federal Court of Appeal judicial review decision. On April 16, 2019, the Federal Court of Appeal issued its decision in Attorney General of Canada v. Heffel Gallery Limited, 2019 FCA 82, and held that the Canadian Cultural Property Review Board (the "Board") made a reasonable decision when they would not issue an export permit to export a specific painting. The Federal Court of Appeal reversed a decision of the Federal Court of Canada and reinstated the decision of the Board.

The case focused on the sale of Gustave Caillebotte's Iris bleus, jardin du Petit Gennevilliers painting ("the Painting"). The Painting was listed on the Cultural Property Export Control List. On November 23, 2016, Heffel Fine Auction House ("Heffel") agreed to sell the Painting to a London commercial gallery. On the following day, Heffel applied for a permit from the Department of Canadian Heritage. On December 29, 2016, a permit officer provided the Heffel with a written Notice of Refusal for the requested permit. On January 13, 2017, the Heffel requested a review of the Notice of Refusal from the Board. On July 13, 2017, the Board announced that it had decided to reject the export permit application. Heffel filed a judicial review with the Federal Court of Canada. On June 12, 2018 in file T-1235-17 (2018 FC 605), the Federal Court of Canada found that the decision of the Board was unreasonable and sent the matter back for reconsideration. On behalf of the Board, the Attorney General filed an appeal with the Federal Court of Appeal. The Federal Court of Appeal allowed the appeal and reinstated the decision of the Board.

Do I need to apply for an export permit to export Canadian art?

In accordance with the Cultural Property Export and Import Act, an export permit is required to export...