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The Foreign Cultural Objects Immunity from Seizure Act
This is an unofficial archived version.
This version was current from February 1, 1988 to November 4, 2015.

Note: It does not reflect any retroactive amendment enacted after November 4, 2015.
To find out if an amendment is retroactive, see the coming-into-force provisions
at the end of the amending Act.

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C.C.S.M. c. F140

THE FOREIGN CULTURAL OBJECTS IMMUNITY FROM SEIZURE ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Immunity from seizure of foreign cultural objects

1           When any work of art or other object of cultural significance from a foreign country is brought into Manitoba pursuant to an agreement between the foreign owner or custodian thereof and the Government of Manitoba or any cultural or educational institution, providing for the temporary exhibition or display thereof, in Manitoba by the Government of Manitoba or the cultural or educational institution, no proceeding or action shall be taken or permitted in any court and no judgment, decree or order shall be enforced in Manitoba for the purpose of, or having the effect of depriving the Government of Manitoba or the institution or any carrier engaged in transporting the work or object within Manitoba, of the custody or control thereof, if, before the work or object is brought into Manitoba the Lieutenant Governor in Council where the agreement is with the Government of Manitoba, on the recommendation of the member of the Executive Council who executed the agreement for and on behalf of the Government of Manitoba and where the agreement is with a cultural or educational institution, on the application of the institution determines

(a) that the work or object is of cultural significance; and

(b) that the temporary exhibition or display thereof in Manitoba is in the interest of the people of Manitoba;

and the Order in Council is published in the Manitoba Gazette.

Enforcement of agreement not precluded

2           Section 1 does not preclude any judicial action for or in aid of the enforcement of any of the terms of an agreement referred to in that section or the enforcement of the obligation of a carrier under any contract for the transportation of the work or object in the fulfilment of any obligation assumed by the Government of Manitoba or the cultural or educational institution pursuant to the agreement.