Exporting Aircraft Components from Canada

and the Cultural Property Export and Import Act

Introduction

Canada’s Cultural Property Export and Import Act regulates the export of cultural property from Canada. Scientific and technological objects are subject to export control along with other cultural property, including works of art and archaeological and military artifacts. Technological objects include aircraft, but may also include aircraft components when they are exported from Canada to musuems, private collectors or for restoration projects around the world.  

The Cultural Property Export and Import Act

In order to better ensure the protection and preservation in Canada of significant examples of our cultural, historic and scientific heritage, the Government of Canada adopted the Cultural Property Export and Import Act (CPEIA) in 1977.

The CPEIA regulates the export and import of cultural property; provides grants to designated institutions to assist with the purchase of cultural property threatened with export or for repatriation to Canada; and provides tax incentives to encourage Canadians to donate or sell important objects to designated institutions and public authorities in Canada.

For the purpose of the CPEIA, the cultural property must be movable (that is, capable of being transported from one place to another), and it need not be Canadian in origin.

The Canadian Cultural Property Export Control List (Control List) defines the kinds of objects that are subject to export control under the CPEIA. In general, all cultural property is subject to export control if it is more than 50 years old and its proprietary creator is no longer living. The Control List further defines what is controlled based on the type object, its age and value.

Control of aircraft and airplane components

Aircraft more than fifty years old are subject to export control under Group VI, Scientific or Technological Objects, of the Control List. Aircraft components are also covered by this category if they meet the definition of machine specified in the List. According to the definition, a machine

means a contrivance that is used in the performance of some kind of work or activity and that consists of inter-related parts and uses any source of energy including animal power, manpower, air, water, light, steam, gravity, friction, combustion or electricity, but does not include scrap metal intended for industrial purposes.

In other words, if the aircraft component uses a source of energy to perform a function, then it may be controlled. Under this definition, a seat or a windscreen may not be controlled, but the engine, brake components, wings, or other components and instruments may be controlled.

According to the Control List, if the machine was made, designed or invented in Canada, or was made, designed or invented outside Canada by a person who ordinarily resided in Canada, the machine is subject to control if it has a value greater than $3000. If the machine was made outside Canada, but relates to the history of science and the development of technology in Canada, it is subject to control if it has a value greater than $5000. Finally, if the machine was made outside Canada, and relates to the history of science and the development of technology in general, it is subject to control if it has a value of more than $8000.

However, machines are not subject to export control if they are being exported for manufacturing, industrial or commercial purposes. Thus when the Martin Mars waterbomber flew to California to assist in the firefighting effort, it was not subject to export control. But the Super Constellation aircraft, purchased by the Seattle Museum of Flight, was subject to export control, because it was not being exported for the purposes noted above.

How to Obtain a Cultural Property Export Permit

The Movable Cultural Property Directorate, Department of Canadian Heritage is always available to answer questions regarding cultural property and the export permit process. If you wish to export aircraft or aircraft components, but are uncertain if the objects fall under the Control List, we are pleased to assist.

If the aircraft or components are controlled cultural property, export permit applications may be obtained from any Canada Border Services Agency (CBSA) Permit Issuing Office in Canada, or directly from the Movable Cultural Property Directorate. Completed applications should be sent to the nearest CBSA Permit Issuing Office for processing.

Resources

For more information about exporting cultural property, the Control List and the permit application process, the explanatory guide, Exporting Cultural Property from Canada is available online at http://www.pch.gc.ca/progs/mcp-bcm/guide_e.cfm

The Cultural Property Export and Import Act may be found at 

http://laws.justice.gc.ca/en/showtdm/cs/C-51///en

The Control List is available on the Department of Justice website at http://laws.justice.gc.ca/en/showtdm/cr/C.R.C.-c.448

Contact information for Canada Border Services Agency Permit Issuing Offices is available at http://cbsa-asfc.gc.ca/E/pub/cm/d19-4-1/d19-4-1-e.html#appendix

All documents are also available in French.

For additional information please contact:

Movable Cultural Property Directorate
Department of Canadian Heritage
15 Eddy St. (15-3-A)
Gatineau, Quebec  K1A 0M5

Toll Free: (866) 999-2494
Fax: (819) 997-7757
Email: mcp-bcm@pch.gc.ca

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