Art Policy Procedures – October 26, 2015

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ART POLICY PROCEDURES

Procedure

Type:

Management

Initially

Approved:

October 26, 2015

Procedure

Sponsor:

VP, Administrative

Services

Last

Revised:

October 26, 2015

Administrative

Responsibility:

Art Committee

Review

Scheduled:

May 1, 2025

Approver:

Executive Leadership Team

PROCEDURES

GENERAL

1.1.

The Executive Leadership Team will consider recommendations of the Art

Committee but retains final authority to proceed, or not to proceed with acquisition,

loans, borrowing, deaccession or Disposal of Artwork. If the Executive Leadership

Team has decided not to proceed with a recommendation of the Art Committee,

they will provide their reasons to the Art Committee in writing.

1.2.

The Art Committee will ensure that the University’s Art Collection is maintained at

an appropriate and manageable size for the needs of the University.

1.3.

The Art Committee will meet quarterly at a minimum and more often as necessary.

1.4.

The University’s Development Office may issue a charitable donation receipt for

the fair market value of the Artwork in accordance with University policy.

HANDLING, CONSERVATION AND RESTORATION OF ARTWORK

2.1.

Any conservation or restoration activity to Artwork will only occur with the prior

written approval of the Art Committee.

2.2.

The Art Committee will identify, document and report to the Vice-President,

Administrative Services on Artwork that requires conservation.

2.3.

The Art Committee will ensure that conservation or restoration of an Artwork will

be carried out only by individual(s) with the appropriate expertise and training.

2.4.

Only individuals approved by the Art Committee are permitted to physically handle

Artwork in the University’s Art Collection.

CONFLICTS OF INTEREST

3.1.

No University employee and no member of the University’s Board of Governors

may acquire a deaccessioned Artwork directly or indirectly from the University if

the acquisition is a conflict of interest as outlined in the University’s Conflict of

Interest Policy.

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3.2.

If a member of the Art Committee takes steps to donate or sell Artwork to the

University and they are in a perceived or potential conflict of interest, that member

must disclose this information to the Chair of the Art Committee in accordance with

the University’s Conflict of Interest Policy.

3.3.

If a proposal to purchase or accept a donation of an Artwork is before the Art

Committee and a member of the Art Committee is in a perceived or potential

conflict of interest as defined in University policy, that member must be absent from

the Art Committee meeting during the discussion of the Artwork and refrain from

voting, or influencing the Art Committee’s decision.

3.4.

If a member of the Art Committee is in a real or potential conflict of interest, the Art

Committee will make a recommendation to Executive Leadership Team regarding

the acquisition of Artwork and the Executive Leadership Team will decide whether

to purchase or accept the donation of the Artwork.

ACQUISITION OF ARTWORK

4.1.

The Art Committee will consider the following criteria for acquisition of any Artwork:

artistic merit;

relevance to the Art Collection, present and future;

relevance to or connection with the University;

the University’s available resources for the maintenance, conservation,

storage, security and availability for display;

condition;

unencumbered and clear legal title;

any other factors the Art Committee considers relevant.

STANDARD OF CARE

5.1.

The Art Committee will ensure that the Standard of Care is met for all aspects of

the following practices:

displaying and providing access to Artwork;

installing and de-installing exhibitions;

lighting of Artwork;

loaning and borrowing of Artwork;

framing Artwork; and

transporting Artwork on and off University property.

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5.2.

The Art Committee may designate a higher Standard of Care for individual Artwork

where legally required to do so and/or within its discretion.

5.3.

The safety of an Artwork will take priority over access. When considering the

commitment to generational access to Artwork, the Art Committee will weigh

whether providing access may put strain on Artwork and whether that access may

result in unacceptable risk for damage to or theft of the Artwork.

STORAGE AND EXHIBITION SPACES FOR ARTWORK

6.1.

The Art Committee will identify and recommend storage and exhibition spaces for

Artwork to the Vice-President Administrative Services, or their designate, for final

approval.

6.2.

Storage and exhibition spaces for Artwork in the Art Collection will be maintained

to the Standard of Care.

LOANING AND/OR BORROWING ARTWORK

7.1.

Employees will seek the Art Committee’s approval, in writing, prior to committing

the University to borrow or loan Artwork.

7.2.

The Art Committee will only approve loans of Artwork where the Standard of Care

will be maintained by the proposed borrower.

7.3.

Agreements to loan or borrow Artwork will use the University’s standard template

forms or will be reviewed by Legal Services prior to the University committing to

loan or borrow Artwork.

DEACCESSIONING ARTWORK

8.1.

The Art Committee will consider the following criteria for deaccessioning of any

Artwork;

deterioration beyond usefulness;

no longer considered authentic;

no longer deemed relevant to the University’s Art Collection, exhibits or

educational programs;

is held in duplicate;

request for repatriation given other organization or body have proven right

to the Artwork; and/or

the University is no longer able to care adequately for the Artwork.

8.2.

Prior to deaccessioning, the Art Committee will research the Artwork, determine

its fair market value, photograph it and thoroughly document the process of

deaccessioning.

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8.3.

When considering the deaccessioning of a donated Artwork, the Art Committee

will consult with Legal Services to determine the University’s legal obligations.

8.4.

If an Artwork is accidentally destroyed or permanently lost, the Art Committee will

deaccession the Artwork from the Art Collection.

8.5.

The Art Committee will determine how money recovered as a result of accidental

destruction or loss of Artwork, such as insurance payments, will be used in

accordance with the Art Policy and these Procedures.

DISPOSAL OF ARTWORK

9.1.

The Art Committee will determine when Artwork should be disposed of or

recommend Disposal to the Executive Leadership Team in accordance with

University policy.

9.2.

When the Art Committee does not have authority to determine whether an Artwork

may be disposed of by the University, the Art Committee will make a

recommendation to Executive Leadership Team and will act according to their

decision.

9.3.

Means of Disposal of an Artwork may include:

exchange with another public institution;

sale;

repatriation; or

intentional destruction.

9.4.

Prior to the Disposal of an Artwork, the Art Committee will provide written

notification of their approval for the Disposal to the University’s Department of

Physical Resources.

9.5.

When an Artwork has been moved or disposed of, the Art Committee will forward

the relevant documents to University’s Financial Services Department to ensure

that the Disposal is recorded in the financial records of the University.

9.6.

In circumstances other than accidental destruction or loss, the manner of Disposal

will be determined by the Art Committee or Executive Leadership Team, taking

into account the best interests of the University and the public, and the public trust

placed in the University.

9.7.

If an Artwork is disposed of by sale, the Art Committee or the Executive Leadership

Team, will determine how the Artwork will be sold.

9.8.

The following factors will be considered prior to the sale of an Artwork:

will the Artwork remain accessible to the public;

does the buyer have a connection to the Artwork;

the purchase price offered;

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Artwork which has significant Canadian cultural heritage is retained in

Canada; and

whether the buyer is a public institution.

9.9.

If Disposal is by sale, all proceeds obtained from the Disposal will be managed by

the Art Committee in accordance with the Art Policy and these Procedures.

9.10. Artwork can be intentionally destroyed only with the prior written approval of the

Art Committee or Executive Leadership Team if the University’s legal obligations

have been addressed and:

the Artwork is inauthentic, such as forgeries or reproductions, and

the Art Committee determines that it is of no archival or

documentary value;

alternative means of Disposal, including sale and donation have

been attempted and the University is unable to find an individual

or organization willing to accept the Artwork; or

the Artwork substantially lacks physical integrity so that it cannot

reasonably be preserved.

9.11. If Disposal involves the transfer of ownership, the Art Committee will take steps to

ensure that appropriate legal documents are obtained.

10.

RESOURCES

10.1. The Art Committee will seek information or assistance as needed from University

resources such as:

University Advancement;

Legal Services;

Physical Resources;

Risk Services; and

the Supervisor of Capital Assets.

DEFINITIONS

(1)

Artwork:

means all forms of original art, including but not limited to

paintings, drawings, prints, photographs, sculpture,

installations, digital and electronic works, and artefacts.

Artwork may also be part of the fabric of buildings, such as

windows, or may be displayed outdoors. Artwork may be a

single items or an integral unit made up of components.

(2)

Art Collection:

means all of the Artwork that is in the University’s care and

control

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(3)

Art Committee:

means the Art Committee created in accordance with the Art

Policy and these Procedures

(4)

Deaccession:

is the formal and final removal of Artwork from the University’s

Art Collection

(5)

Disposal:

is an administrative function that may include the sale,

exchange, destruction or repatriation of Artwork by the

University after a decision has been made to deaccession the

Artwork

(6)

Policy:

means the University’s Art Policy

(7)

Procedures:

means the procedures to the University’s Art Policy

(8)

Standard of Care:

means the University’s degree of care and maintenance of the

Artwork that would be expected of an institution which is not a

professional museum or gallery and whose primary purpose is

not the collection or display of art. For further clarity, it means

the degree of care and maintenance that is equivalent to the

level of care and maintenance that is provided by the University

generally for its facilities.

(9)

University:

means Mount Royal University

RELATED POLICIES

RELATED LEGISLATION

RELATED DOCUMENTS

REVISION HISTORY

Date

(mm,dd,yyyy)

Description of

Change

Sections

Author

(Position Title)

Approver

(Position Title)

10/26/2015

NEW

Director, University

Secretariat

10/06/2023

PEC to ELT

All

Policy Advisor

General Counsel and

University Secretary