B-4 - Cultural Property Act

Section 2.1 Disposition versions

2006-12-06

2.1. In addition to its advisory responsibilities, the Commission shall, where a cultural property, other than property described in subparagraph a of the third paragraph of section 232 of the Taxation Act (chapter I-3), is acquired by a museum established under the Act respecting the Montréal Museum of Fine Arts (chapter M-42) or the National Museums Act (chapter M-44) or by a certified archival centre or a recognized museum, within the meaning assigned to those expressions by section 1 of the Taxation Act,

(a)  determine, for the purposes of the second paragraph of section 232 of the Taxation Act and for the purposes of Division II, whether the property is acquired in accordance with the acquisition and conservation policy of the centre or museum, as the case may be, and with the directives of the Ministère de la Culture et des Communications; and

(b)  in the circumstances described in section 7.12 and for the purposes subparagraph ii of paragraph d of section 710, sections 710.2 and 712.0.1, paragraph b of the definition of “total cultural gifts” in the first paragraph of section 752.0.10.1, paragraph b of sections 752.0.10.4 and 752.0.10.6 and section 752.0.10.7 of the Taxation Act, determine the fair market value of the cultural property.

1997, c. 85, s. 11; 1999, c. 83, s. 2; 2003, c. 9, s. 1; 2006, c. 36, s. 1.

2003-12-10

2.1. In addition to its advisory responsibilities, the Commission shall, where a cultural property, other than property described in subparagraph a of the third paragraph of section 232 of the Taxation Act (chapter I‐3), is acquired by a certified archival centre or an accredited museum, within the meaning assigned to those expressions by section 1 of the Taxation Act,

(a)  determine, for the purposes of the second paragraph of section 232 of the Taxation Act and for the purposes of Division II, whether the property is acquired in accordance with the acquisition and conservation policy of the centre or museum, as the case may be, and with the directives of the Ministère de la Culture et des Communications; and

(b)  in the circumstances described in section 7.12 and for the purposes subparagraph ii of paragraph d of section 710, sections 710.2 and 712.0.1, paragraph b of the definition of “total cultural gifts” in the first paragraph of section 752.0.10.1, paragraph b of sections 752.0.10.4 and 752.0.10.6 and section 752.0.10.7 of the Taxation Act, determine the fair market value of the cultural property.

1997, c. 85, s. 11; 1999, c. 83, s. 2; 2003, c. 9, s. 1.

1999-12-20

2.1. In addition to its advisory responsibilities, the Commission shall, where a cultural property, other than property described in section 232R1 of the Regulation respecting the Taxation Act (R.R.Q., 1981, chapter I-3, r.1), is acquired by a certified archival centre or an accredited museum, within the meaning assigned to those expressions by section 1 of the Taxation Act (chapter I‐3),

(a)  determine, for the purposes of the second paragraph of section 232 of the Taxation Act and for the purposes of Division II, whether the property is acquired in accordance with the acquisition and conservation policy of the centre or museum, as the case may be, and with the directives of the Ministère de la Culture et des Communications; and

(b)  in the circumstances described in section 7.12 and for the purposes subparagraph ii of paragraph d of section 710, sections 710.2 and 712.0.1, paragraph b of the definition of “total cultural gifts” in the first paragraph of section 752.0.10.1, paragraph b of sections 752.0.10.4 and 752.0.10.6 and section 752.0.10.7 of the Taxation Act, determine the fair market value of the cultural property.

1997, c. 85, s. 11; 1999, c. 83, s. 2.

1997-12-19

2.1. In addition to its advisory responsibilities, the Commission shall, where a cultural property, other than property described in section 232R1 of the Regulation respecting the Taxation Act (R.R.Q., 1981, chapter I-3, r.1), is acquired by a certified archival centre or an accredited museum, within the meaning assigned to those expressions by section 1 of the Taxation Act (chapter I-3),

(a)  determine, for the purposes of the second paragraph of section 232 of the Taxation Act and for the purposes of Division II, whether the property is acquired in accordance with the acquisition and conservation policy of the centre or museum, as the case may be, and with the directives of the Ministère de la Culture et des Communications; and

(b)  in the circumstances described in section 7.12 and for the purposes of paragraph b.1 of section 710, sections 710.2 and 712.0.1, paragraph b of the definition of “total cultural gifts” in section 752.0.10.1, paragraph b of sections 752.0.10.4 and 752.0.10.6 and section 752.0.10.7 of the Taxation Act, determine the fair market value of the cultural property.

1997, c. 85, s. 11.