Bill 14 — Foreign Cultural Property Immunity Act (Legislature 20, Session 3)

L20 S3 3352

Alberta — Bills

1985 BiU Third Session, 20th Legislature, 34 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL FOREIGN CULTURAL PROPERTY IMMUNITY ACT MR. ZIP First Reading Second Reading Committee of the Whole Third Reading Royal Assent 4«j iivf >iv < « i.^ Kn* Bill Mr. Zip BILL FOREIGN CULTURAL PROPERTY IMMUNITY ACT (Assented to , 1985) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as foUows: Definition In this Act, "cultural property" means property belonging to any one or more of the foUowing categories: (

a) coUections and specimens of fauna, flora, minerals and ob jects of palaeontological interest; (

b) property relating to history, including the history of science and technology and miUtary and social history, to national lead ers, academics and scientists and to events of national impor tance; (

c) products of archaeological excavations or of archaeological discoveries; (

d) elements of artistic or historical monuments or archaeologi cal sites that have been dismantled or dismembered; (

e) antiquities, including inscriptions, coins and engraved seals; (

f) objects of ethnological interest; (

g) property of artistic interest, including: (

i) pictures, paintings and drawings produced entirely by hand on any support and in any material; (ii) works of statuary art and sculpture in any material; (iii) engravings, prints and lithographs; (iv) artistic assemblages and montages in any material; (

h) manuscripts, books, documents and publications of special interest; (

i) postage, revenue and similar stamps; (

j) archives, including sound, photograpl archives; (

k) articles of furniture and musical instruments. (

j) archives, including sound, photographic and cinematographic archives; Immunity from 2(1) When any cultural property emanating from a foreign country Sl^ prop^J^ is brought into Alberta pursuant to an agreement between the owner or custodian of the cultural property and the Government of Alberta or any cultural, educational or research institution for the purpose of the temporary exhibition or display of the cultural property or the temporary use of the cultural property for research purposes by the Government of Alberta or the institution, no proceedings shaU be taken in any court and no judgment, decree or order shall be enforced in Alberta for the purpose of, or having the effect of, depriving the Government of Alberta or the institution or any carrier engaged in transporting the cultural property into, within or out of Alberta of the custody or control of the cultural property if, before the cultural property is brought into Alberta, (

a) the Lieutenant Governor in Council, by order, determines that the cultural property is of significance, and (

b) the order is pubUshed in The Alberta Gazette.

(2) Where the Lieutenant in Governor in CouncU rescinds an order made under subsection (1), subsection (1) ceases to apply with respect to the cultural property referred to in the order. (3) Subsection (1) does not preclude any judicial action for or in aid of the enforcement (

a) of any of the terms of an agreement referred to in subsection (1), or (

b) of the obligation of a carrier under any contract for the trans portation of the cultural property in the fulfilment of any obU- gation assumed by the Government of Alberta or the cultural, educational or research institution pursuant to an agreement re ferred to in subsection (1). In accordance with section 4(1) of the

Interpretation Act, this Bill comes into force on the date it receives Royal Assent. Title: 1985 (20th, 3rd) Bill 14, Foreign Cultural Property Immunity Act

Document details

Collection	Alberta — Bills
Citation	L20 S3 3352
Type	bill
Volume / chapter	L20 S3 3352
Language	en
Format	json
Source	PROVINCIAL
Identifier	afe74ba77ea22505900ee006f9ad3f6d5b3d5661

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