CITY CLERK

Clause embodied in Report No. 6 of the Economic Development and Parks Committee, as adopted by the Council of the City of Toronto at its meeting held on June 18, 19 and 20, 2002.

10

City of Toronto Art Collection Management Policy and Historical Collection Management and Development Policies (All Wards)

(City Council on June 18, 19 and 20, 2002, amended this Clause by adding thereto the following:

“It is further recommended that the following motion be referred to the Chief Financial Officer and Treasurer and the Commissioner of Economic Development, Culture and Tourism for report thereon to the Economic Development and Parks Committee, such report to address the development of a strategy for ongoing enhancement of the City of Toronto’s art collection:

Moved by Councillor Moscoe:

‘It is recommended that the City art collection apply for an annual major cultural grant approximately equivalent to grants provided to each of the “Big 5” cultural organizations, for the acquisition of art for the City of Toronto’s permanent art collection.’ ”)

The Economic Development and Parks Committee recommends the adoption of the following report (May 6, 2002) from the Commissioner of Economic Development, Culture and Tourism, subject to adding the following:

“including opportunities for collaboration and co-operation with the Royal Ontario Museum and the Art Gallery of Ontario.”:

Purpose:

This report seeks approval for the City of Toronto Art Collection Management Policy, the Historical Collection Management Policy and the Historical Collection Development Policy.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report. Toronto City Council2 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Recommendations:

It is recommended that:

(1) Council approve the City of Toronto Art Collection Management Policy (Attachment No.1), the Historical Collection Management Policy (Attachment No. 2) and the Historical Collection Development Policy (Attachment No. 3); and

(2) the appropriate City officials be authorized and directed to take the necessary actions to give effect thereto.

Background:

At the time of amalgamation, the new City of Toronto inherited art collections from the former municipalities and responsibility for the collections was assigned to the Economic Development, Culture and Tourism Department, Culture Division. This precipitated a re-organization of the museums, preservation, archival and other heritage and cultural services of the former municipalities to be administered under two separate units within the Culture Division – Arts Services (Fine Art Collection) and Museum and Heritage Services (Historical Collection). Each of the various collections formerly had different management policies which needed to be modified and combined into one policy.

The new City of Toronto Art Collection Management Policy (Attachment No. 1) harmonizes the fine art collection practices at the City art centres and galleries administered by the Culture Division. It addresses such issues as access to the collection, loans, appraisals, acquisition practices and de-accessioning. The policy meets museum standards and new eligibility criteria for provincial and federal programs, including applications to the Cultural Property Export Review Board for tax credits for donors of art to the City.

The new City of Toronto Historical Collection Management Policy (Attachment No. 2) and the Historical Collection Development Policy harmonize the collection management policies across all of the historic museums and were developed as a result of the provincial museum grant program requirement that policies be in place in this format. The new policies replace all previous historic collections development policies of the museums administered by the Culture Division.

The Development and Management policies also meet standards for eligibility to obtain federal and provincial museum grants, addressing such issues as risk management, acquisition, de-accessioning, loans and research.

Comments:

The Community Museum Management Boards support these policies which provide for Museum Board participation in historic collection management decisions. All policies define the scope of collecting to ensure City resources are used appropriately, efficiently and effectively. The management policies also serve as an important ethical guide with respect to collection stewardship and allows for long term strategic planning for growth. Toronto City Council3 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Conclusions:

The City of Toronto Art Collection Management Policy, Historical Collection Management and Development policies harmonize collection policies across all Culture Division facilities and reflect current practice and standards in the Canadian cultural sector. Additionally, these policies reflect current professional practices and standards and ensure the preservation of an important Toronto cultural asset for generations to come.

Contact Name:

Ms. Rita Davies, Managing Director of Culture, Telephone: 416-397-5323, Fax: 416-395-0278, Email: [email protected].

Attachment No. 1 City of Toronto Culture Division Art Collection Management Policy April 2002

1. Introduction 2. Art Collection Management Policy 3. Management Of The Art Collection 4. Access 5. Loans 6. Appraisal 7. Collection Development 8. Context Of Collecting 9. Acquisition Practices 10. Deaccessioning and Disposal 11. Appendix: Collection Interests at the City of Toronto Culture Division Sites

1. Introduction

1.1 The Culture Division The creation of the new City of Toronto led to the establishment of the Culture Division which includes responsibility for the City’s art collection, community arts, arts facilities and arts grants through the Culture Division.

1.2 The Art Collection When the City of Toronto amalgamated on January 1, 1998, it inherited a legacy of fine art that dates from the middle of the 19th century to the present. Each of the former municipalities had made commitments to acquire and display fine art. Each municipal collection was guided and cared for by professional staff and citizen advisory boards. The new City of Toronto now enjoys the benefit of an extensive art collection held in the public interest under the stewardship of curatorial staff. Today over 2,500 moveable works of art, including paintings, sculptures, prints and drawings form the basis of this cultural legacy. The City’s fine art collection reflects the cultural community and tells a story of Toronto’s history. Toronto City Council4 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

1.3 Mission

To maintain, exhibit and promote the City’s art collection as a significant part of the culture and heritage of Toronto for the use and enjoyment of the people of Toronto and its environs.

1.4 Mandate

- To provide access to the collection for public use, benefit and enjoyment.

- To document, research, preserve and conserve the art collection in accordance with current museological practices, ethics and standards.

- To develop and promote programs, publications and exhibits which interpret, commemorate and showcase the art collection.

- To encourage and facilitate continuing research on the art collection and to augment the existing body of documentation.

Public access to the collection is a primary objective and to this end the majority of the collection is on display in public areas of City Hall, Metro Hall and Civic Centres, including meeting rooms and reception areas. Works from the collection are also on public display in other civic buildings such as community centres and offices.

The City’s art collection is administered by professional staff in the Culture Division. The inventory, accessioning, cataloguing, care and maintenance of the collection are administered by the Co-ordinator, Collections and Outreach.

2. Art Collection Management Policy The Art Collection Management Policy outlines the principles and describes the requirements that the Culture Division will follow in managing and developing the Art Collection for the public’s benefit. Works of art that the Culture Division assumes temporary responsibility for through loans or deposits from other institutions and individuals and the de-accessioning of art works are also addressed in this policy.

2.1 Procedures Procedures that conform to this policy, as approved by the Manager of Arts Services, will be used to execute the Art Collection Management Policy. In cases where pre-existing legal agreements prevent their use, these agreements will continue in force until they can be brought into conformity with Culture Division practices.

2.2 Trust Managing the art collection is an activity to be engaged in with care, integrity and informed expertise within a framework of the highest professional standards and in fundamental conformity with codes of ethics and principles as articulated by such organizations as the Canadian Museums Association, the Ontario Association of Art Galleries and the International Council of Museums. Toronto City Council5 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Management decisions affecting the Art Collection should be informed by the professional advice of appropriate and skilled curatorial personnel, with a clear focus on protecting the public interest in the collection, both for current and future generations.

2.3 Legal Obligations

This policy will conform to all applicable statutory and regulatory requirements. It also will conform to cultural property and other relevant treaties to which Canada is a signatory. (These include but are not limited to, the Ontario Heritage Act, the Cultural Property Export and Import Act, the Copyright Act, the Income Tax Act, the Municipal Freedom of Information and Protection of Privacy Act and the 1970 UNESCO Convention.)

3. Management of the Art Collection

3.1 General Supervision

Under the direction of the Manager of Arts Services, administration of the Art Collection will be the responsibility of the Co-ordinator, Collections and Outreach. He or she will administer the policies associated with the Art Collection and develop procedures for the approval of the Manager to facilitate fulfillment of these policies.

3.2 Art Centres and Site Supervision

Site co-ordinators, art consultants and curators at the arts facilities and civic exhibition centres operated by the Culture Division will monitor collection management issues at their locations and will report concerns to the Co-ordinator, Collections and Outreach within a timely manner to resolve these concerns.

3.3 Risk Management

The City will provide adequate insurance for its Art Collection in accordance with negotiated legal agreements, City Policy, and sound risk management practice. In addition, City personnel will work to eliminate, reduce, and mitigate threats to the collection.

3.4 Standardizing Past Practices

The works in the Art Collection have been assembled over a long period of time by a variety of organizations, institutions and predecessor municipalities. The conditions and practices followed in the past have varied from one another and over time. The Culture Division will regularize and conform past practices to current ones as much as is possible and desirable.

3.5 Assembling Documentation Recording and documenting relevant information about art works is an important part of the collecting process. This information serves as a record of accountability and due diligence for the art works the City holds in trust, and constitutes the corporate memory of the Art Collection to allow successive generations to manage the collection for the public good. The following requirements will be fulfilled: Toronto City Council6 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

- documentation involving the transfer of ownership will be completed to serve as evidence of due diligence on the part of the City to acquire good legal title to the art accessioned to the Art Collection, or to transfer good title when they are de-accessioned;

- acquisitions will be documented fully as to their identity, condition, provenance, history, and cultural significance;

- each art work will bear a unique identification number enabling it to be linked clearly to its associated records;

- location movement tracking will identify each art work’s current location and provide a history of the art work’s movement;

- access to location information will be ensured by various criteria, including object name, accession number and location name;

- a record will be maintained listing each art work’s use in important publications, exhibitions, and like presentations;

- art works already in the collection that have not been documented adequately will be documented as far as possible; and

- condition and treatment records related to the conservation, maintenance, or restoration of art works will be maintained as part of the records associated with the Art Collection.

When acquiring contemporary art works, where the artist possesses legal and moral rights to reproduction and exhibition, even after legal title transfers to the City, the City will enter into a written agreement with the artist. This agreement will describe the extent to which the City may exhibit and reproduce the art work and any obligations (financial or otherwise) owed by the City to the artist. Where possible, the City will obtain unrestricted rights, at minimum, to study, exhibit, reproduce for non-commercial use and dispose of such works.

All documents associated with the acquisition of the art work will be maintained as part of the permanent record.

3.6 Protecting Documentation

All original documentation related to the Art Collection will be maintained by the Culture Division in a secured environment, protected from loss, damage, or corruption.

Collection records will be stored so that they will be accessible in the event of a disaster at the site of collection administration which, at this time, is the Market Gallery. Images of art works will be kept independently of the art works so that the information contained within these sources may be protected should the original art works be lost or damaged. Toronto City Council7 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

4. Access

4.1 General Access

The Culture Division will make the Art Collection and its documentation accessible through exhibits, scholarly research, digital technology and other means. Confidential information about the Art Collection (such as donor’s personal and financial information or security provisions) will be withheld as appropriate or as required by privacy legislation or legal agreement.

4.2 Fees

The Culture Division may take advantage of commercial and other opportunities to charge fees that realize profits from the use of the Art Collection, in particular, reproductions in printed material.

The City may require organizations to provide insurance in the loan of art works. Insurance coverage will be in accordance with established procedures. In addition, the Culture Division may solicit donations in relation to providing access to the collection, either to help in the acquisition process for the Art Collection or to support some closely related activity, such as exhibit development, documentation, research or conservation.

4.3 Use of Images

The use of images of art works in the Art Collection by outside parties will be controlled through written agreements with the City. These agreements will state the conditions and limitations under which images may be used.

Fees for licensing and administration may be charged, so long as normal non-commercial public access is not unduly restricted. Fees charged for access to the Art Collection for commercial use, at minimum will compensate the Culture Division for all costs associated with providing imaging services and, where possible, will generate revenue to support Culture Division programs.

The Culture Division reserves the right to review and to approve all publications, presentations or exhibitions which may reproduce or use a work of art in the Art Collection. Approval will be made on terms and conditions set forth in a written agreement between the user and the City. The Culture Division may arbitrarily refuse to permit the use or reproduction of any art work for any reason whatsoever, at its sole discretion.

5. Loans

In keeping with the mission and mandate of the Art Collection, works are available for public display and loan. While recognizing that the collection should be as accessible as possible, procedures will be established with respect to internal and external loan criteria and the proper care, handling, conservation and security of the art works. It is, therefore, the responsibility of the Co-ordinator, Collections and Outreach to implement these procedures to ensure, wherever possible, conditions commensurate with the long-term existence of the collection. Works of art Toronto City Council8 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10 that the Culture Division assumes temporary responsibility for through loans or deposits from other institutions and individuals will be administered and cared for in keeping with the policies and procedures set out for the City’s collection as appropriate.

In order to exhibit the art work under the most favourable site conditions, the following locations will be considered:

- City Hall, Metro Hall and other civic buildings: public areas, offices of the Mayor, Councillors, Commissioners, Directors and meeting rooms;

- civic commissions and authorities; and

- public institutions (temporary exhibitions) considered on an individual basis.

The Culture Division may make external loans of art works from the Art Collection to public institutions as specified above but loans will not be considered to private individuals or businesses.

5.1 Documentation and Care

Internal loans will be documented with a loan form and appropriate listings updated as required.

External loans to public institutions will be documented fully and all conditions (including, but not limited to, care, handling, security, environmental conditions, insurance, liability and costs) will be documented in an appropriate agreement between the borrower and the City. Condition reports will be prepared by the Culture Division before the loans go out and immediately upon the return of the loan.

For external loans, if any change occurs to a work of art while on loan, such degradation caused by environmental conditions, breakage, or theft, the event and scope of the loss will be reported immediately to the City. Notification will be followed by a full written report prepared by the borrower to the City. Except to secure a work of art from further damage in an emergency situation, the borrower will not treat the object without the express permission of the City.

Loaned works of art may not receive restoration, conservation, fumigation, or other treatment by the borrower without the express permission of the City.

5.2 Insurance

External borrowers normally will assume all insurance costs. Upon request, they will produce a certificate of insurance to the City. However, in specific circumstances, the City, at its discretion, may choose to maintain its own insurance on art works it lends to another party. Works of art on display at City Hall and other civic sites are covered by the City’s risk management policy. Toronto City Council9 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Insurance will cover art works on all-risks, wall-to-wall basis, unless specified otherwise, for their full replacement value, against all risk of physical loss, damage, and/or deterioration from any cause during the transportation of objects to and from the lender as well as during the time the loan is in the care of the borrower. Insurance also will protect the lender from all other liabilities and costs associated with the loan.

In the event of partial loss, the borrower will indemnify the City for the full cost of professional conservation, and any depreciation in monetary value due to the restoration/replacement, up to the full replacement value of the art work in question at the time of the loss, as declared in the loan agreement.

In the event the loss of loaned art work is caused by such perils as theft or disappearance, and recovery of the loaned art work is made after the indemnity is received by the lender, the lender will have the right to re-purchase the art work for the amount of indemnity received at the time of the settlement of the claim.

5.3 Use of Loaned Materials for Photography, Promotion and Other Purposes

Issues surrounding crediting, photographing, reproducing, recording, advertising and promoting loaned art works will be determined before external loans take place and will be documented in a written legal agreement between the borrower and the City.

5.4 Loan Periods

Loan periods to other institutions will not normally extend beyond two years. Internal loans and the display of art at City Hall, Metro Hall and Civic Centres will be for extended periods of time. The City may terminate loans before the termination date with the agreement of the other party if the loan is no longer required. In the case of external loans, the City may terminate an agreement without the borrower’s permission if the City decides that the agreement has been violated, if the material on loan is deteriorating, or is threatened in ways that were not anticipated at the time the loan was established.

Permanent loans will not be made.

The City may accept or decline requests for external loans as it sees fit. These loans will be made for specific and acceptable purposes that serve the public interest, and for specified periods of time.

6. Appraisal

Qualified staff may provide appraisals of artworks to meet the City’s internal needs for insurance valuations and other purposes where such appraisals do not violate any statute or regulations.

6.1 Appraisals for Acquisitions When the City is acquiring art, qualified staff may provide appraisals on art works up to the maximum allowed under the Income Tax Act to enable the City to provide a donor with a tax receipt. Toronto City Council10 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Written valuations will follow the format for appraisal prepared by the City’s Finance Department and will state clearly the purpose for which the valuation was undertaken (e.g., for insurance purposes or fair market value) and will conform to both the letter and spirit of the Income Tax Act, the Cultural Property Export and Import Act and any other regulation or treaty applicable to the appraisal situation.

The Culture Division may assist donors in obtaining appraisals for donations by assuming the cost of the appraisal or sharing costs. However, the cost of appraisals as required by the Cultural Property Export and Import Act will be borne by the donor. The Culture Division will not provide valuations or financial advice to the public beyond noting where members of the public might find qualified appraisers without recommendation or endorsement.

7. Collection Development This section contains the policy that the Culture Division will use in developing the Art Collection for the public benefit by enlarging and enhancing the collection through acquiring works of art. This policy replaces all previous collections development policies of art collections now administered by the Culture Division.

7.1 Procedures Procedures that conform to this policy, as approved by the Manager of Arts Services, will be used to execute the Art Collection Management Policy in relation to collection development.

7.2 Trust Obligations Collecting, as well as preserving and exhibiting art works from the Art Collection, is a significant activity of the Culture Division. It is an activity to be engaged in with care, integrity, and informed expertise, within a framework of the highest professional standards and with a clear focus on the benefit for both current and future generations.

Therefore, collecting will occur through employing the best museological practices and will take place in fundamental conformity with standards of ethics as articulated by such organizations as the Canadian Museums Association, the Ontario Association of Art Galleries and the International Council of Museums.

7.3 Legal Obligations Collection development will conform to all applicable statutory and regulatory requirements. It will also conform to cultural property and other relevant treaties to which Canada is a signatory. (These include, but are not limited to, the Ontario Heritage Act, the Cultural Property Export and Import Act, the Shipping Act, the Copyright Act, the Income Tax Act, the Municipal Freedom of Information and Protection of Privacy Act and the 1970 UNESCO Convention.)

8. Context of Collecting Artistic activity in Toronto dates back centuries. Early views of the Town of York (1793-1834) and other representations provide valuable information on the urban environment and reflect the cultural life of an emerging city. Support of the arts by the municipal government through exhibitions and collecting is noted as early as 1847 when the Toronto Society of Artists held its Toronto City Council11 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10 first annual exhibition in an old city market building at King Street East at Jarvis Street. Furthermore, the City of Toronto purchased its first art work in 1851 when City Council sponsored an art competition in conjunction with the annual art exhibition at the Toronto Mechanic’s Institute, predecessor of the Toronto Public Library.

Throughout the 19th and 20th centuries and through the amalgamation of Toronto in 1998, the art collections of the former municipalities benefited from the support of their councils, volunteers and the public through donations, commissions and purchases. For example, in Scarborough, the Cedar Ridge Studio Gallery has supported the artistic community through its exhibition programs and art acquisitions. In Etobicoke, works were acquired from the exhibition program at the Etobicoke City Hall Art Gallery, and since 1991 the Etobicoke Art Acquisition Committee acquired works from the broader artistic community. In North York, many works were acquired through purchase awards from “Eye on Art”, the North York Arts Council’s juried art show. The York Artists Guild’s Showplace acquired art through purchase awards for the former City of York. Many local contemporary artists including Doris McCarthy, Rudolf Stussi, Brian Jones, Peggy Harnish and Carl Beam, to name just a few, are now represented in the City’s art collection.

A municipal art collection contributes to the development of a sense of identity in a community. This tradition continues today through the City’s collecting of art and through exhibition programs at various city-operated art centres. Based on the rich and varied collections that have come together, the City of Toronto can be proud of its cultural legacy in the visual arts.

8.1 Scope of Collecting The objective of developing the Art Collection is to enhance the City’s ability to support the arts and to present a history of the art and culture of our society, by acquiring, documenting, preserving, interpreting and exhibiting works of art.

9. Acquisition Practices Collecting will follow procedures approved by the Manager of Arts Services. Collecting will be selective, and will be carried out with professional discernment for authenticity, quality, excellence, condition and long-term display.

9.1 Methods of Collecting Acquisitions will be based on professional discernment and will occur through: - purchase; - donations and bequests; and - transfers from within the City’s other collections.

Only unconditional gifts for which the donor has legal title will be considered.

While it is customary for civic officials, including primarily the Mayor and Councillors, to accept gifts on behalf of the City as an incident of protocol or social obligations, art works may be acquired in this context. Only if the art work meets the following criteria will it be accessioned into the Art Collection. Toronto City Council12 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Works of art will be considered for acquisition based on the following criteria:

- artistic quality of the art work; - originality of approach; - the integration of the art work into the existing collection; - the appropriateness if for a proposed site; - authenticity and provenance; - condition of the art work and the ease of maintenance and conservation; - copyright and exhibition rights; - suitability of the art work to the environmental conditions of public display; - legality including ownership; and - adaptability of the art work to be displayed in various locations.

Art work that meets the above criteria may not be collected if it:

- does not possess an appropriate level of quality; - has been altered from the time of its creation in ways that unacceptably compromise its integrity; - cannot be documented, stored, preserved or protected adequately by the Culture Division with the resources at hand or through additional resources made available along with the acquisition; - requires levels of management, conservation or care that are inappropriate to the art work’s value in contributing to the history of the City’s art and culture; and - poses an unacceptable threat to the health and safety of individuals.

9.2 Collaboration with Others

The Culture Division will work collaboratively and supportively with other City collections as well as non-City institutions and organizations in developing collections with a view towards maximizing the public benefits to be derived from assembling collections.

9.3 Documentation

Recording and documenting relevant information about art works is an important part of the collecting process. This information serves as a record of accountability and due diligence for art works the City holds in trust and constitutes the corporate memory of the Art Collection to allow successive generations to manage the collection for the public good.

9.4 Collecting by Individuals Associated with The Culture Division

The following restrictions and conditions will apply to private collecting:

- staff responsible for adding to or managing the Art Collection will not engage in a wholesale or retail trade in the same or similar works of art that the Culture Division collects. Should such a situation arise, they must obtain written permission, on a case by case basis, from the Commissioner, or his or her designate, in circumstances where it is clear that the Culture Division has no intention of acquiring the particular art work at that time; Toronto City Council13 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

- staff of the Culture Division will refrain from participating in any Culture Division activity where a conflict of interest over collecting may be an issue, except to bring knowledge of potential acquisitions to the attention of the Manager of Arts Services, to donate art works through the normal acquisition process, or to participate in fundraising efforts to allow an acquisition approved by the Manager of Arts Services to take place; and

- staff may collect as they see fit, so long as they do not knowingly compete with the Culture Division for acquisitions, directly or indirectly.

10. De-accessioning and Disposal

De-accessioning is a process to remove works from the Art Collection and/or permanently from the physical control of the Culture Division and ownership of the City. Disposition refers to the transfer, donation, sale, reproduction or destruction of art work.

10.1 Guidelines

Since the Culture Division does not acquire art work with the intention of eventual de-accession, each de-accession will be approached with caution. The merits of each proposal for disposal will be thoroughly investigated and appropriate procedures followed. Decisions regarding the de-accessioning of art work from the Art Collection will be initiated by the Co-ordinator, Collections and Outreach.

In order to consider the de-accessioning of art work, one or more of the following criteria must be met:

- the art work has no relevant place or useful purpose within the current acquisition, exhibition or research practices of the City’s Art Collection; - the art work lacks artistic value; - accidental loss or theft which can be verified and/or remains so for ten years; - the material is duplicate (e.g. limited edition prints), a reproduction or forgery; - the art work has deteriorated beyond usefulness; - the art work has conditions attached by the donor (unbeknownst to the Culture Division) which the Culture Division cannot or chooses not to fulfil, often due to a change in institutional resources; - the art work is hazardous to the collection, staff or public (e.g. such as nitrate film or other unstable and dangerous materials); - the art work cannot be cared for adequately by the Culture Division, perhaps due to limited and/or changing institutional resources including space requirements and staffing; and - the art work ought to be transferred to another collection maintained by the City because it would be cared for and serve the public better as part of the other collection.

10.2 Authority to De-accession The final decision to de-accession will be made by the Commissioner of Economic Development, Culture and Tourism, or his/her designate, acting upon the advice of Culture Division staff. Toronto City Council14 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

10.3 Disposing of De-accessioned Art Works

The City may dispose of de-accessioned art works within the limits of any pre-existing legal or policy restriction that might apply such as art works certified under Cultural Property Export and Import Act.

While it is recognized that keeping art works in the public domain is preferred and that there are sensitivities associated with the donation of works, there are other considerations. For example, the Art Collection may be enhanced through the trade or sale to others outside the public sector. Also, there may be strain placed on the City’s resources in maintaining art works that will not be exhibited or fall outside the mandate.

The City will contact the public art galleries in Canada when it intends to dispose of de-accessioned art works. Those works of significant importance or rarity in Canadian art history will be transferred to another appropriate institution whenever possible.

However, this procedure need not be followed if the art work:

- is being returned to its legal owner; - legal title is being retained by the City and it is being transferred to one of the other cultural collections maintained by the City of Toronto; and - possesses little artistic, historical or monetary value.

De-accessioned art works will be disposed of in one of the following ways under the supervision of qualified personnel:

- transfer to some other appropriate collection or use within the City’s cultural program; - sale, exchange or gift to another public museum, gallery, archive or exhibition centre; - sale, exchange or gift to a non-profit organization that can provide adequate care for the art work and where the art work would support the public mandate of the organization; - exchange with a private source for art work of similar or higher value to be added to the Art Collection; and - commercial sale, with preference being given to sale through public auction over private sale, except in circumstances where private sale clearly is in the best public interest, or the monetary value of the de-accessioned art work is below a pre-determined level established in the de-accessioning procedures.

De-accessioned art works may be transferred to new owners with restrictions that the City may wish to impose. These restrictions will be recorded in an appropriate written agreement between the City and the recipient.

10.4 Disposal of De-accessioned Forgeries De-accessioned forgeries may be retained for educational or study purposes, returned to the source in return for appropriate compensation, become the object of legal action on behalf of the City against the supplier, or be disposed of following standard practices. If forgeries are transferred to new owners, the Culture Division will make their counterfeit status clear and, if appropriate, shall permanently mark them as such. Toronto City Council15 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

10.5 Limits of Acquiring De-accessioned Art Works

No employee of the City, member of an arts centre board, volunteer or member of an acquisition committee, or immediate family member will acquire a de-accessioned art work, either directly or indirectly, unless the art work has passed through the hands of an arms-length third party acting independently of any employee, board member, volunteer, friend or close family member and the art work has not been owned by the City for a period of in excess of twelve months.

10.6 Proceeds from the Sale of De-accessioned Art Works

All proceeds from the sale of de-accessioned art works will be used to purchase additional art works for the Art Collection. Funds can be allocated from these proceeds to document, conserve, meet transportation or storage needs or realize other activities needed to support these new acquisitions, if this work is necessary and if regularly budgeted funds are not sufficient. The application of these funds will be restricted exclusively to art works purchased with such proceeds. The proceeds will be placed in an account to support these activities. Any interest generated from this fund shall be used exclusively for the aforementioned purposes.

Where possible, when the value realized from a de-accessioned donated object is used to acquire another object, credit will be given to the original donor, such as through an accession record that states, ‘This acquisition was made possible through the generosity of name’.

11. Appendix: Collection Interests at the City of Toronto Culture Division Sites

The following statements describe the collecting interests of different City art centres managed by the Culture Division.

11.1 Cedar Ridge Creative Centre Cedar Ridge Creative Centre is a unique arts facility in eastern Toronto that is based in a beautiful 1912 estate. The Centre offers gallery space for displaying art in all its forms for art enthusiasts and the general public. In addition the site offers a variety of art courses and workshops for all ages and art camps for children.

Cedar Ridge Creative Centre houses a component of the City’s art collection that is both a contemporary and historical record of artists who have a connection with Cedar Ridge. They may be students, exhibitors, instructors or supporters. This eclectic collection contains art works in different media including painting, sculpture, woodcarving, fibre art, pottery and folk art that have been acquired through a partnership arrangement with the volunteers of Cedar Ridge Studio Gallery.

11.2 Market Gallery The Market Gallery is located in the South St. Lawrence Market in one of Toronto’s most historic neighbourhoods, first settled in 1793. Situated on the second floor of the market, the Market Gallery occupies the site of the Civic Council Chamber, the only remaining section of Toronto’s original City Hall (1845-1899). Since 1901, the market has been known primarily for Toronto City Council16 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10 fruit, vegetables, meat and cheese; few people realized that the Council Chamber had been enclosed by this market until the Market Gallery opened in 1979. With the transfer of the Market Gallery program along with the former City of Toronto’s art collection to the Culture Division in 2000, its collecting mandate (1977) was expanded beyond a focus on documentary art that recorded the City’s art, history and culture.

11.3 The Guild

The Guild is located in an 88 acre park atop the Scarborough Bluffs in eastern Toronto. The Guild collection of fine art, architectural sculpture and decorative arts was amassed by Rosa and Spencer Clark, founders of The Guild of All Arts, originally a Depression-era artists’ colony. The collection focuses mainly on contemporary art. It includes Canadian and international artists who were friends of the Clarks, artists who lived and worked at The Guild of All Arts and other artists who were prominent in the Canadian art scene in the 1930s, 1940s and 1950s. ______

Attachment No. 2

City of Toronto Culture Division Historical Collection Management Policy April 2002

The Historical Collection Management Policy

1.0 Introduction 1.1 The Culture Division 1.2 The Historical Collection 1.3 Mission 1.4 Educational and Programming Collection 1.5 Other Heritage Resources 2.0 Historical Collection Management Policy 2.2 Collections Advisory Committee and Procedures 2.3 Trust 2.4 Legal Obligations 3.0 Management of the Historical Collection 3.1 General Supervision 3.2 Museum and Site Supervision 3.3 Risk Management 3.4 Standardizing Past Practices 3.5 Assembling Documentation 3.6 Protecting Documentation 4.0 Access 4.2 Cost Recovery 5.0 Loans 5.1 Documentation and Care 5.2 Insurance 5.3 Use of Loaned Materials for Photography, Promotion, and Other Purposes Toronto City Council17 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

5.4 Loan Periods 5.5 Additional Provisions for Out-Loans 5.6 Additional Provisions for In-Loans 5.7 Administrative Transfers 5.8 Travelling Exhibits 6.0 Appraisal and Identification Services 6.1 Appraisals for Acquisitions 6.2 Identification Services 7.0 De-Accessioning and Disposal 7.1 Deaccessioning Artifacts and Specimens 7.2 Deaccessioning Other Materials 7.3 Deaccessioning Virtual Material 7.4 Authority to Deaccession 7.5 Disposing of Deaccessioned Artifacts and Specimens 7.6 Disposal of Deaccessioned Objects that are Not Artifacts or Specimens 7.7 Disposal of Deaccessioned Forgeries 7.8 Deaccessioned Virtual Collections 7.9 Limits of Acquiring Deaccessioned Items 7.10 Proceeds from the Sale of Deaccessioned Items

Part 1

The Historical Collection Management Policy Museums And Heritage Services Culture Division Economic Development, Culture, And Tourism City Of Toronto

April 24, 2002

1.0 Introduction

1.1 The Culture Division

The creation of the new City of Toronto led to a re-organization of the museums, preservation, archival, and other heritage and cultural services of the former municipalities. Museums were brought together in a new Museums and Heritage Services Section (MHS) within the Culture Division of the Department of Economic Development, Culture and Tourism. A Community Museum Management Board has been established for each site under Bylaw No. 793-1999 which has been subsequently codified under Article I of Chapter 103, Heritage, of the City’s Municipal Code. By-law No. 793-1999 and the subsequent Article I of Chapter 103, Heritage, of the City’s Municipal Code, also established that the roles and responsibilities of the Boards would be clarified under a Memorandum of Understanding. Toronto City Council18 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

1.2 The Historical Collection

The Historical Collection consists of a museum-centred assemblage of genuine artifacts produced by human endeavour, archaeological specimens recovered from the ground and specimens derived from the natural world that have been acquired to create a permanent public heritage resource, which now is managed by the Culture Division.

1.3 Mission

The collection has been assembled since the 1880s for the purposes of preserving, studying, interpreting, commemorating and exhibiting the history of Toronto and related histories. These objects now form a single Historical Collection owned by the City of Toronto. Within the Historical Collection, there are various sub-collections, such as those associated with individual sites. Some assemblages within the sub-collections have particular relationships to outside organizations and individuals (such as the objects at the Scarborough Historical Museum donated by the Scarborough Historical Society).

1.4 Educational and Programming Collection

In addition to the Historical Collection, the Culture Division maintains a separate Educational and Programming Collection of objects at each site. This collection is not accessioned into the permanent collection and is managed by the individual sites. These objects are not meant to be a permanent resource but are intended to be used for educational and programming purposes. This collection is inventoried and marked separately from the Historical Collection.

1.5 Other Heritage Resources

The City also owns other heritage resources, such as the archival materials of the City of Toronto Archives, the art collection managed by Arts Services and the historic buildings managed by the Cultural Affairs Section of the Culture Division.

2.0 Historical Collection Management Policy

The Historical Collection Management Policy expresses the principles and describes the requirements that the Culture Division (and any successor unit) shall follow in managing the Historical Collection for the public benefit. Objects that the Culture Division assumes temporary responsibility for through loans or deposits from other institutions and individuals and the de-accessioning of objects from the Historical Collection, are also addressed in this policy. The development or acquisition of artifacts and specimens into the Historical Collection is addressed separately in the ‘Development Policy for the Historical Collection.’

Artifacts and specimens belonging to the Educational and Programming Collection, along with museum-quality reproductions, shall fall under the purview of this policy in situations where such materials become the subject of a loan.

The Historical Collection Management Policy replaces all previous collections management policies of the museums administered by the Culture Division. Toronto City Council19 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

2.2 Collections Advisory Committee and Procedures

A Collections Advisory Committee to advise the Commissioner, or his or her designate, and procedures that conform to this policy, as approved by the Manager of MHS, shall be created to execute the Collections Management Policy. The Committee will be made up of representatives from the Museum Boards, Culture Division staff and external representation. The former Toronto Historical Board procedures,1 developed in a multiple site context, shall be used until new procedures are approved. In cases where pre-existing legal agreements prevent their use, these agreements shall continue in force until they can be brought into conformity with Culture Division practices.

(1 THB procedures are described in Heritage Toronto, ‘Collection Management: Procedure, Policy and Documentation,’ January 1999. The THB Collections Development Policy is replaced by the policy.)

2.3 Trust

Managing artifacts and specimens for the Historical Collection is one of the central trust activities of the museum endeavour. It is an activity to be engaged in with care, integrity and informed expertise, within a framework of the highest professional standards and in fundamental conformity with codes of ethics and principles as articulated by such organizations as the Canadian Museums Association and the International Council of Museums.

Among the many responsibilities associated with this trust obligation are the imperative to ensure that the Culture Division is completely accountable for the Historical Collection through its efforts to protect, preserve, conserve, document, study and provide access to it within a framework of sound museological practice. Furthermore, management decisions affecting the Historical Collection must be informed by the professional advice of appropriate and skilled museological personnel, with a clear focus on protecting the public interest in the collection, both for current and future generations.

2.4 Legal Obligations

This policy shall conform to all applicable statutory and regulatory requirements, and shall conform to cultural property and other relevant treaties to which Canada is a signatory. (These include, but are not limited to, the Ontario Heritage Act, the Cultural Property Export and Import Act, the Shipping Act, the Copyright Act, the Income Tax Act, the Municipal Freedom of Information and Protection of Privacy Act, the 1970 UNESCO Convention, and the 1973 Convention on International Trade in Endangered Species.)

3.0 Management of the Historical Collection

3.1 General Supervision Under the direction of the Manager of MHS, Culture Division, administration of the Historical Collection shall be the responsibility of the Supervisor of Collections and Conservation Services. He or she shall administer the policies associated with the Historical Collection and develop procedures for the approval of the Manager to facilitate fulfillment of these policies. Toronto City Council20 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

3.2 Museum and Site Supervision

Site Administrators and Curators at the facilities operated by the Culture Division shall fulfil the policy requirements at their sites through approved procedures. They also shall monitor collections management issues within their purview and shall report concerns to the Supervisor of Collections and Conservation Services in a timely manner to resolve these concerns.

3.3 Risk Management The City shall provide adequate insurance for its Historical Collection in accordance with negotiated legal agreements, City policy and sound risk management practice. In addition, City personnel shall work to eliminate, reduce and mitigate threats to the collection.

3.4 Standardizing Past Practices The sub-collections of the Historical Collection have been assembled over a long period of time by a variety of organizations, institutions and predecessor municipalities. The conditions and practices followed in the past have varied from one another and over time. The Culture Division shall regularize and conform past practices to current ones as much as is possible and desirable.

3.5 Assembling Documentation

The cultural worth and significance of artifacts and specimens depend upon the information associated with them. Information determines the context of each object within the collection and within a broader cultural framework. It also serves as a record of due diligence and accountability for the objects the City holds in trust. Finally it constitutes the corporate memory of the Historical Collection to allow successive generations to manage the collection for the public good. Recording and documenting relevant information about materials in the Historical Collection shall be a required component in the collecting and management processes. The following requirements related to documenting shall be fulfilled:

- documentation involving the transfer of ownership shall be completed to serve as evidence of due diligence on the part of the City to acquire good legal title to the artifacts and specimens accessioned to the Historical Collection, or to transfer good title when they are de-accessioned; - acquisitions shall be documented fully as to their identity, condition, provenance, history, and cultural significance; - each object shall bear a unique identification number enabling it to be linked clearly to its associated records, labeling techniques will conform to conservation standards; - location movement tracking shall identify each object’s current location and provide a history of the object’s movements; - access to location information shall be ensured by various criteria, including object name, accession number and location name; - a record maintained listing each object’s use in publications, exhibitions and like presentations; - artifacts and specimens already in the collection that have not been documented adequately shall be documented as far as possible and have their title status regularized as much as possible; Toronto City Council21 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

- condition and treatment records related to the conservation, maintenance, or restoration of artifacts and specimens shall be maintained as part of the records associated with the Historical Collection; and - primary collection-related documentation (e.g., field note-books, tapes, photographs, drawings, correspondence, archaeological reports) shall be maintained by appropriate staff with care, copied to Collections and Conservation Services where appropriate and transferred there when no longer needed for active use to be considered for inclusion in the permanent collections record.

In collecting virtually (see the Collections Development Policy), the City, where necessary, shall enter into a written agreement with the owner of the material being recorded. This agreement shall document the ownership of and any restrictions on the use of the data assembled into the virtual sub-collection. Where possible, the City shall obtain unrestricted rights to utilize the data. Where rights are restricted, efforts shall be made to set a point in time when the restrictions shall cease to apply.

When acquiring works where a creator may possess legal or moral rights to the artifact’s use or interpretation, even after legal title transfers to the City (such as in the case of a work of art), the City shall enter into a written agreement with the creator where possible. The agreement shall describe the extent to which the City may utilize the material, as well as any obligations (financial or otherwise) owed by the City to the creator. Where possible the City shall obtain unrestricted rights, at minimum, to study, exhibit, reproduce for non-commercial use and dispose of such works.

All documents associated with the approval process for the transfer of legal title, including written discussions of the curatorial reasoning and recommendations, shall be maintained as part of the permanent record. The Culture Division may provide copies of appropriate records related to de-accessioned objects to the new owner. In the case of de-accessioned material that is discarded, a record containing the particulars of the action and the signatures of two professional museum witnesses to the action shall be maintained.

3.6 Protecting Documentation

All appropriate documentation related to the Historical Collection, including digital documentation, shall be maintained by the Culture Division in a secured environment, protected from loss, damage, or corruption.

Collections records shall be stored in such a manner that they will be accessible in the event of a disaster at the site of primary storage, display, or use. Images of all artifacts classified as Insurance Category One and Insurance Category Two shall be kept independently of the materials themselves so that intellectual access to the information contained within these sources may be protected should the originals be lost. Category definitions shall be based on value and/or historical and cultural importance.

Where necessary to preserve access, digital documentation related to both the actual and virtual components of the Historical Collection shall be transferred to new media as appropriate technologies develop. Toronto City Council22 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

4.0 Access

4.1 General Access

The Culture Division shall make the Historical Collection and its documentation accessible through exhibits, scholarly examination, digital technology and other means. The Culture Division shall co-ordinate its communications efforts with the other branches of the City civil service to provide electronic and other forms of access to the City’s various cultural collections as seamlessly as possible.

Access shall be permitted in such a manner as to protect preserve, and conserve the Historical Collection. Requests for access to the Historical Collection that pose an unacceptable physical threat to the objects shall be refused. Handling of artifacts will conform to conservation standards.

Confidential information about the Historical Collection (such as donor’s personal and financial information, or security provisions) shall be withheld as appropriate or as required by privacy legislation or legal agreement. As well, the Commissioner of Economic Development, Culture, and Tourism, or his or her designate, may determine what access is or is not in the public and City of Toronto’s best interest.

4.2 Cost Recovery

Cost recovery for collection-related services shall be set in a Schedule of Costs. Cost recovery may be in the form of in-kind donation of goods or services in addition to cash payments. In recognition that the Historical Collection is a public resource held in trust, access for study purposes shall not be inhibited through prohibitive costs but is otherwise subject to the normal restrictions required to protect and preserve the collection.

The Culture Division may take advantage of commercial and other opportunities that generate revenues in support of its operations in return for access to, or use of, the Historical Collection. Fees should cover the costs related to providing access whenever possible. Objects in the Historical Collection must not be endangered or compromised by these revenue-generating activities.

The Culture Division may solicit charitable donations in relation to providing access to the collection, either to help in the acquisition process for the Historical Collection or to support some closely related activity, such as exhibit development, documentation, research, or conservation. The City may require individuals or organizations to provide insurance or other protection deemed necessary to provide safe and responsible access to the Historical Collection.

4.3 Use of Images

The use of images of artifacts and specimens in the Historical Collection by outside parties shall be controlled through licensing agreements with the City. These licences shall state the conditions and limitations under which images may be used. Toronto City Council23 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Cost recovery for licensing and administration may be charged, so long as non-commercial public access is not unduly restricted. The charge for access to the Historical Collection for commercial use shall compensate the Culture Division for all costs associated with providing imaging services and, where appropriate, shall generate revenue either directly, or services in kind, or through donations to support Culture Division operations.

The Culture Division reserves the right to review and to approve all publications, exhibitions, or other presentations that may make use of an object, physical, or intellectual property owned by or managed by the Culture Division on behalf of the City of Toronto. Approval shall be made on terms and conditions set forth in a written legal agreement between the user and the City. The Culture Division may refuse to permit the use of any artifact, physical, or intellectual property, for any reason whatsoever at its sole discretion.

5.0 Loans

The Culture Division may make out-loans of artifacts and specimens from the Historical Collection (as well as from the Educational and Programming Collection and of museum-quality reproductions) to others as specified below. It also may accept in-loans of artifacts, specimens, and museum-quality reproductions. Loans shall be made subject to the approval of the Commissioner, or his or her designate, acting upon the recommendations of appropriate museological and managerial staff, except in circumstances requiring approval by City Council.

5.1 Documentation and Care

Loans shall be documented fully and all conditions (including, but not limited to, care, handling, security, environmental standards, insurance, liability and costs) shall be documented in an appropriate legal agreement between the borrower and the lender. Condition reports shall be prepared by the Culture Division upon the receipt and return of in-loans and before dispatching and upon receipt of out-loans. The out-loan of reproductions or objects from the Educational and Programming Collection may be exempted from this condition at the discretion of the Manager of MHS.

If any change occurs to an object while on loan, such as degradation caused by environmental conditions, breakage, or theft, the event and scope of the loss shall be reported immediately to the lender of the object. Notification shall be followed by a full written report prepared by the borrower for the lender. Except to secure an object from further damage in an emergency situation, the borrower shall not treat the object without the express permission of the lender. Otherwise, loaned objects shall not receive restoration, conservation, fumigation, or other treatment by the borrower without the express written permission of the lender.

5.2 Insurance

Borrowers normally shall assume all insurance costs. Upon request, they shall produce a certificate of insurance to the lender. However, in specific circumstances, the City, at its discretion, may choose to maintain its own insurance on objects it lends to another party. Toronto City Council24 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Insurance shall cover objects on an all-risks, wall-to-wall basis, unless specified otherwise, for their full replacement value, against all risk of physical loss, damage, and/or deterioration from any cause during the transportation of objects to and from the lender as well as during the time the loan is in the care of the borrower. Insurance also shall protect the lender from all other liabilities and costs associated with the loan.

In the event of a partial loss, the borrower shall indemnify the City for the full cost of professional conservation or replacing damaged materials and any depreciation in monetary value due to the restoration/replacement, up to the full replacement value of the material in question at the time of the loss, as declared in the loan agreement.

In the event of loss or damage to parts of a set or a pair of items, and at the option of the City, settlement shall be ascertained on the basis of a constructive total loss. This shall include all out of pocket expenses incurred by the City, including but not be limited to, professional valuation, conservation, staff costs, replacement and depreciation.

In the event the loss of loaned material is caused by such perils as theft or disappearance, and recovery of the loaned materials is made within ten years of the City’s receipt of indemnity, the City shall have the right to re-purchase the material for the amount of indemnity received at the time of settlement of the claim.

5.3 Use of Loaned Materials for Photography, Promotion, and Other Purposes

Issues surrounding crediting, photographing, reproducing, recording, advertising and promoting loaned objects shall be determined before loans take place and shall be documented in a written legal agreement between the lender and borrower.

5.4 Loan Periods

Loan periods shall not normally extend beyond two years. Upon completion of the loan period the parties may enter into a new agreement. This new agreement may include revised insurance, conservation, or other conditions. The City reserves the right to refuse to enter into a new agreement for any reason whatsoever.

The City may terminate loans before the pre-determined date with the agreement of the other party, if the loan is no longer required. In the case of out-loans, the City may terminate an agreement without the borrower’s permission if the City decides that the agreement has been violated, if the material on loan is deteriorating, or is threatened in ways that were not anticipated at the time the loan was established.

Permanent loans shall not be made. When possible, pre-existing permanent loans shall be returned to the lender or shall be renegotiated as a gift, purchase, or as a loan within the normal loan framework.

5.5 Additional Provisions for Out-Loans The City may accept or decline requests for out-loans as it sees fit. Out-loans shall be made for specific and acceptable purposes that serve the public interest, and for specified periods of time. Toronto City Council25 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Out-loans of artifacts, specimens and museum-quality reproductions in the care of the Culture Division, both from within and without the Historical Collection, may be made to museums, galleries, exhibition centres and archives that provide the care, handling, security, environmental standards, insurance, liability protection and other needs that the Culture Division may require.

Out-loans of artifacts and specimens from the Historical Collection to any person, organization, business, or institution other than museums, galleries, archives, or exhibition centres shall be made only in exceptional circumstances, where an obvious public benefit is achieved. Care, handling, security, environmental conditions, insurance and liability protection must meet museum standards. These loans shall occur only with the approval of the Commissioner, or his or her designate, acting upon the advice of appropriate museological and managerial staff (except when the situation exceeds the Commissioner’s authority, in which case the matter shall be referred to City Council)2

(2Clause No. 25 of Report No. 9 of The Economic Development and Parks Committee, as adopted by Toronto City Council at its regular meeting held on October 3, 4 and 5, 2000 and its special meetings held on October 6, 2000, October 10 and 11, 2000 and October 12, 2000.)

Out-loans of objects that are not from the Historical Collection, such as reproductions or objects in the Educational and Programming Collection, may be made to any party as meets the interests of the City. Use of the objects must conform to Culture Division procedures, acceptable safety precautions, and existing laws and be approved by the Commissioner or his or her designate, except in circumstances requiring the approval of City Council.

The City may charge fees, recover costs for processing loans and may solicit donations above such payments to be used to acquire additional artifacts and specimens for the Historical Collection or otherwise support a closely related endeavour, such as artifact conservation or research. Out-loans to a commercial or private enterprise, at minimum, shall reimburse the Culture Division for all of its costs in providing the loan.

5.6 Additional Provisions for In-Loans

In-loans of artifacts, specimens and reproductions may be accepted by the Culture Division from other branches of the City and from other institutions and individuals at its discretion for the purposes of study, exhibition, or reproduction within specified periods of time, subject to the approval of the Commissioner or his or her designate (except when the matter needs to be approved by City Council).

In-loans shall be recorded in appropriate legal agreements and shall be subject to mutually agreed standards of care, handling, security, environmental protection, insurance and liability protection. At minimum, in-loans shall be treated with the same care that artifacts and specimens in the Historical Collection receive.

In-loans shall not be accepted if:

- the Culture Division cannot care for the objects adequately or if the loan would require an inappropriate level of museological or administrative attention; Toronto City Council26 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

- there is reason to believe that the lender does not possesses legal title to the objects; - there is reason to believe that the loan might be subject to legal or ethical concerns; and - the insurance requirements of the lender do not fairly reflect replacement values.

5.7 Administrative Transfers

Objects removed from Culture Division facilities for photographic, valuation, conservation, or similar purposes shall not be subject to loan procedures if they are accompanied by qualified staff capable of protecting the objects from unacceptable use or threat. However, an inventory of the objects removed shall be made and retained to check against the return of the objects.

Objects may be released to outside contract conservators for treatment, to craftspeople for reproduction, or to outside appraisers for valuation upon receipt of a signed contract approved by the Culture Division, which clearly delineates insurance, liability and other conditions that the Culture Division may wish to establish.

5.8 Travelling Exhibits

Travelling exhibits either sent out by the Culture Division or borrowed by the Culture Division shall be administered by Collections and Conservation Services. They shall be treated in conformity with the above loan standards when they contain artifacts, specimens, or reproductions.

6.0 Appraisal and Identification Services

Qualified staff may provide appraisals on artifacts and specimens to meet the City’s internal needs for insurance valuations and other purposes where such appraisals do not violate any statute or regulation.

The Culture Division shall co-operate with other public heritage agencies when requests are made for expert advice, within its logistical capabilities and specialized expertise, such as by allowing staff to act as Expert Witnesses within the provisions of the Cultural Property Export and Import Act.

6.1 Appraisals for Acquisitions Qualified staff may provide appraisals on artifacts or specimens up to the maximum allowed under the Income Tax Act to enable the City to provide a donor with a tax receipt. The Culture Division shall not otherwise provide valuations or other artifact-related financial advice to the public beyond noting where members of the public might find qualified appraisers or by providing the names and contact information for at least two such sources without recommendation or endorsement.

In negotiating a purchase or donation where the value of an object is the subject of debate between the Culture Division and the vendor/donor, qualified staff may provide opinions to the vendor/donor outside of the above appraisal restrictions as necessary to carry out the negotiation process to protect the best interests of the City. Information shall not be provided in a manner that would allow the vendor/donor to use the data as a formal valuation. Toronto City Council27 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Written valuations shall follow the format for appraisal prepared by the City Finance Department and shall state clearly the purpose for which the valuation was undertaken (e.g., for insurance purposes or fair market value) and shall conform to both the letter and the spirit of the Income Tax Act, the Cultural Property Export and Import Act, and any other act, regulation, or treaty applicable to the appraisal situation.

The Culture Division may assist donors in obtaining appraisals for donations in excess of the restrictions on its own curatorial staff to provide appraisals. The cost of appraisals may be assumed by the Culture Division, or by the donor, or may be shared. The cost of appraisals required under the Cultural Property Export and Import Act shall be borne by the donor, unless the Commissioner or his or her designate determines otherwise, except in cases where such a decision exceeds the Commissioner’s authority where City policy would require Council approval.

6.2 Identification Services

Culture Division staff may provide identification services unrelated to appraisals as a courtesy for members of the public providing that:

- such services are provided at the discretion of the qualified staff member concerned within the staff member’s realm of competency; - where an opinion is given in writing, it must state clearly that the opinion is provided for information purposes only and that the City and its staff shall not be held responsible in law for the opinion; and - there is no reason to suspect that the information provided would be used for illegal, unethical, or irresponsible purposes.

In the case where an opinion might be damaging to the value of an object or the reputation of the owner the staff involved shall refer the matter to the Manager of MHS, or his or her designate, for review prior to contacting the owner.

7.0 De-accessioning and Disposal De-accessioning is the act of permanently removing an object from the Historical Collection. Some of the circumstances that might lead to de-accessioning include legal or ethical challenges to the City’s title to an object, changes in the objects themselves (such as infestation or damage), changes in the Culture Division’s collecting interests, or the acquisition of a better example of an object that makes an earlier acquisition redundant.

De-accessioning must be undertaken with the utmost caution and due diligence, and must be approached in such a way as not to undermine public confidence in collecting practices, the Historical Collection, the Culture Division, or the City. De-accessioning must follow a set of procedures approved by the Manager of MHS.

7.1 De-accessioning Artifacts and Specimens

Instances for the de-accessioning of artifacts and specimens from the Historical Collection include the following situations: Toronto City Council28 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

- they have been stolen or have disappeared from the collection and have not been returned after a period of ten years; - they are lost, destroyed, or lose their inherent integrity through misadventure, such as flood, fire, or accident; - they do not possess an appropriate degree of inherent integrity, such as might be caused through over restoration, the loss of significant components, or poor condition; - they are identified as forgeries or reproductions (including such objects made intentionally to deceive, genuine artifacts and specimens that have been altered with the intent to deceive, and objects that have been created by amalgamating more than one original artifact or specimen to be passed as a single object, and historic reproductions not marked as such, which might be misinterpreted as genuine artifacts); - they become surplus to the needs of the Historical Collection, such as objects that become less meaningful after the subsequent acquisitions of superior examples or are determined to be objects that are unlikely to be used for study, interpretation, or exhibit purposes; - they ought to be transferred to another collection maintained by the City because they would be cared for and serve the public better as part of the other collection; - they ought to be transferred to the Educational and Programming Collection because the purpose of possessing the objects is to use them for educational or programming purposes rather than to be retained as a permanent resource3 - they ought to be turned over to another party for ethical reasons or because the public benefit clearly would be served better by transferring them to another public sector owner; - they need to be turned over to another party in conformity with a legal obligation; - the Culture Division cannot provide adequate care for the objects; - they have been accessioned by mistake; and - they pose an unacceptable safety risk (such as nitrate film or other unstable and dangerous materials).

(3 Artifacts and specimens in the Historical Collection also may be used in educational and programming situations, but they shall not be de-accessioned and shall be used with whatever restrictions on handling are needed to preserve them on a permanent basis.)

7.2 De-accessioning Other Materials

Objects that are not artifacts or specimens shall be de-accessioned from the Historical Collection. These include reproductions and materials that should not have been accessioned, such as display props and reference materials.

7.3 De-accessioning Virtual Material

Data assembled in the virtual sub-collection of the Historical Collection (either physical or digital records) may be disposed of when the data no longer supports the interests of the Culture Division. Toronto City Council29 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

7.4 Authority to De-accession

The decision to de-accession artifacts and specimens shall be made by the Commissioner, or his or her designate, acting upon the advice of the Collections Advisory Committee, except when the de-accessioning needs to be referred to Council because it exceeds the Commissioner’s authority.

7.5 Disposing of De-accessioned Artifacts and Specimens

Note: these conditions do not apply to forgeries, reproductions, or objects such as display props that have entered the Historical Collection by mistake. Disposal conditions for these objects are described below.

The City may dispose of de-accessioned artifacts and specimens within the limits of any pre- existing legal or policy restriction that might apply, such as might exist in relation to objects certified under the Cultural Property Export and Import Act.

An important principle underlying any decision to remove de-accessioned artifacts and specimens permanently from the Historical Collection is that retaining objects in the public domain generally is to be preferred. The City also recognizes that additional sensitivities often are associated with donated objects, which typically creates a further incentive to keep donated de-accessioned material in a public collection.

These considerations, however, need to be balanced against the opportunity that might exist to enhance the Historical Collection through trade or sale to other parties outside of the public sector and the strain placed on the City’s resources in maintaining objects that it will not use. Within these tensions:

- materials of significant importance or rarity in Canadian history shall be transferred to another appropriate museum, gallery, or archival collection whenever possible; - reasonable effort, where appropriate, shall be made to keep objects of lesser historical meaning in the public domain; and - common natural specimens and artifacts of limited historical value, such as ordinary mass produced objects, may be disposed of in any manner that meets the best interests of the Historical Collection, with preference being given to keeping them in the public domain.

The City shall communicate to the larger museum field when it intends to dispose of de-accessioned artifacts and specimens from the Historical Collection. It shall allow adequate time for institutions to express interest in acquiring these items so that it will be better positioned to keep the objects in the public domain. This procedure need not be followed if:

- material is being returned to its legal owner; - legal title is being retained by the City and it is being transferred to one of the other cultural collections maintained by the City; - legal title is being retained by the City and it is being transferred to the Educational and Programming Collection or otherwise kept for appropriate use by the City outside of its cultural collections; Toronto City Council30 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

- legal title is to remain in the public domain and it is being transferred to another pre-determined museum, gallery, archive, or other institution; - the object is an architectural fragment being returned to its original location or a similar home; and - the object possesses little historical or monetary value.

De-accessioned artifacts and specimens shall be disposed of in one of the following ways, within the confines of any restrictions that might apply to particular objects, under the supervision of qualified museum professionals, as best fits the public good:

- transfer to some other appropriate collection or use within the City’s historical and cultural endeavours; - sale, exchange, or gift to another public museum, gallery, archive, or exhibition centre; - sale, exchange, or gift to a not-for-profit organization that can provide adequate care for the materials and where the objects would support the public mandate of the organization; - exchange with a private source for artifacts or specimens of similar or higher value to be added to the Historical Collection; and - commercial sale, with preference being given to sale through public auction over private sale, except in circumstances where private sale clearly is in the best public interest or the monetary value of the de-accessioned material is below a pre-determined level established in the de-accessioning procedures.

Notwithstanding the above:

- de-accessioned archaeological artifacts and specimens shall be treated in accordance with the requirements of the Ontario Heritage Act; - archaeological material shall not be sold; - de-accessioned materials possessing sacred, spiritual, or important identity values shall be disposed of in a manner appropriate to the integrity of the materials and in consultation with legitimate representatives of the group from which they derived; - de-accessioned artifacts or specimens that have been destroyed or have lost their integrity through misadventure may be intentionally discarded or destroyed; - de-accessioned objects of little historical value that cannot be disposed of in other ways, such as through donation or sale, may be intentionally discarded or destroyed; - de-accessioned artifacts and specimens that pose an unacceptable danger shall be disposed of in an appropriate, safe, acceptable, and timely manner.

De-accessioned artifacts and specimens may be transferred to new owners with such restrictions as the City may wish to impose. These restrictions shall be recorded in an appropriate legal agreement between the City and the recipient.

(Note: according to Revenue Canada, objects donated to museums that are registered charities, including those owned by municipalities that can issue tax receipts, cannot be returned to their original donors, even if a tax receipt has not been issued.) Toronto City Council31 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

7.6 Disposal of De-accessioned Objects that are not Artifacts or Specimens

Non-artifacts and specimens, such as display props or library books, that have been de-accessioned from the Historical Collection may be used as appropriate in the activities and services of the City or disposed upon the approval of the Commissioner or his or her designate, except in cases that require City Council authorization.

7.7 Disposal of De-accessioned Forgeries

De-accessioned forgeries may be retained for educational or study purposes, returned to the source in return for appropriate compensation, become the object of a legal action on behalf of the City against the supplier, or be disposed of following standard practices. If forgeries are transferred to new owners, the Culture Division shall make their counterfeit status clear and, if appropriate, shall mark them permanently as such.

7.8 De-accessioned Virtual Collections

Except when City corporate records policy dictates otherwise, deaccessioned virtual data shall be offered to the City of Toronto Archives (or any successor agency) in the first instance. Then, it shall be disposed of through sale, exchange, or gift to another institution or agency to maintain the collected knowledge of the data if possible, with preference being given to keeping the material in the public realm. If no new home can be found for the virtual material within the confines of reasonable effort, it may be intentionally discarded.

7.9 Limits of Acquiring De-accessioned Items

No employee of the City, member of a museum board, volunteer, or members of a museum friends association, or immediate family member of any of these people shall acquire a de-accessioned object, either directly or indirectly, unless the object has passed through the hands of an arms-length third party acting independently of any employee, board member, volunteer, friend, or close family member and the object has not been owned by the City for a period in excess of twelve months.

7.10 Proceeds from the Sale of De-accessioned Items

Proceeds from de-accessioning shall be allocated to further enhance the collection of the provenance (originating) site of the de-accessioned object. Funds may be allocated from these proceeds to document, conserve, meet transportation or storage needs, or fulfil other activities needed to support these new acquisitions. The application of these funds for such purposes shall be restricted exclusively to objects purchased with such proceeds.

Where possible, when the value realized from a de-accessioned donated object is used to acquire another object, credit shall be given to the original donor, such as through an accession record that states, ‘This acquisition was made possible through the generosity of N.’

______Toronto City Council32 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Attachment No. 3

City of Toronto Culture Division Historical Collection Development Policy April 2002

Development Policy for the Historical Collection Museums and Heritage Services

1.0 Introduction 1.1 The Culture Division 1.2 The Historical Collection 1.3 Mission 1.4 Educational and Programming Collection 1.5 Other Heritage Resources 2.0 Development Policy for the Historical Collection 2.1 Collections Advisory Committee and Procedures 2.2 Trust 2.3 Legal Obligations 3.0 Context of Collecting 3.1 Scope 3.2 Modes of Collecting Physical Collecting Virtual Collecting 4.0 Acquisition Practices 4.1 Methods of Collecting 4.2 Archaeological Collecting 4.3 Artifacts Acquired for Program Use, Relics, Forgeries, Reproductions, and Loans 4.4 Collaboration With Others 4.5 Documentation 4.6 Acceptance of Artifacts and Specimens Into the Historical Collection 4.7 Collecting by Individuals Associated with the Culture Division

Appendix: Collections Interests at the City of Toronto Collections and Conservation Services Colborne Lodge Historic Fort York The Gibson House Museum Mackenzie House Montgomery’s Inn The Scarborough Historical Museum Spadina The Todmorden Mills Heritage Museum and Arts Centre York Museum Historic Zion Schoolhouse Toronto City Council33 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Part 2

Development Policy For The Historical Collection Museums And Heritage Services Culture Division Economic Development, Culture, And Tourism City Of Toronto

April 24, 2002

1.0 Introduction

1.1 The Culture Division

The creation of the new City of Toronto led to a re-organization of the museums, preservation, archival, and other heritage and cultural services of the former municipalities. Museums were brought together in a new Museums and Heritage Services Section (MHS) within the Culture Division of the Department of Economic Development, Culture, and Tourism. A Community museum management board has been established for each site under Bylaw 793-1999 which has been subsequently codified under Article I of Chapter 103, Heritage, of the City’s Municipal Code. Bylaw 793-1999 and the subsequent Article I of Chapter 103, Heritage, of the City’s Municipal Code, also established that the roles and responsibilities of the Boards would be clarified under a Memorandum of Understanding.

1.2 The Historical Collection

The Historical Collection consists of a museum-centred assemblage of genuine artifacts produced by human endeavour, archaeological specimens recovered from the ground, and specimens derived from the natural world that have been acquired to create a permanent public heritage resource, which now is managed by the Culture Division.

1.3 Mission The collection has been assembled since the 1880s for the purposes of preserving, studying, interpreting, commemorating, and exhibiting the history of Toronto and related histories. These objects now form a single Historical Collection owned by the City of Toronto. Within the Historical Collection, there are various sub-collections, such as those associated with individual sites. Some assemblages within the sub-collections have particular relationships to outside organizations and individuals (such as the objects at the Scarborough Historical Museum donated by the Scarborough Historical Society).

1.4 Educational and Programming Collection

In addition to the Historical Collection, the Culture Division maintains a separate Educational and Programming Collection of objects at each site. This collection is not accessioned into the permanent collection and is managed by the individual sites. These objects are not meant to be a permanent resource, but are intended to be used for educational and programming purposes. This collection is inventoried and marked separately from the Historical Collection. Toronto City Council34 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

1.5 Other Heritage Resources

The City also owns other heritage resources outside of the historical collection managed by the Culture Division, such as the archival materials of the City of Toronto Archives, the art collection managed by Arts Services and the historic buildings managed by the Cultural Affairs Section of the Culture Division.

2.0 Development Policy for the Historical Collection

This document contains the policy that the Culture Division (or any successor unit) shall employ in developing the Historical Collection for the public benefit by enlarging the collection through acquiring objects of cultural significance. This policy replaces all previous collections development policies of the museums administered by the Culture Division. The management of the collection is addressed in ‘Management Policy for the Historical Collection,’ which addresses how the Historical Collection shall be administered and how objects may be removed from the Historical Collection.

2.1 Collections Advisory Committee and Procedures

A Collections Advisory Committee to advise the Commissioner, or his or her designate, and procedures that conform to this policy, as approved by the Manager of MHS, shall be created to execute the Collections Development Policy. The Committee will be made up of representatives from the Museum Boards, Culture Division staff and external representation. The former Toronto Historical Board procedures, 1 developed in a multiple site context, shall be used until new procedures are approved. In cases where pre-existing legal agreements prevent their use, those agreements shall continue in force until they can be brought into conformity with Culture Division practices.

(1 THB procedures are described in Heritage Toronto, ‘Collection Management: Procedure, Policy and Documentation,’ January 1999. The THB Collections Development Policy is replaced by this policy.)

2.2 Trust Collecting (as well as preserving and utilizing artifacts and specimens) in the Historical Collection is one of the central trust activities of the museum endeavour. It is an activity to be engaged in with care, integrity and informed expertise, within a framework of the highest professional standards and with a clear focus on the public benefit for both current and future generations. Therefore, collecting shall occur through employing the best museological practices and shall take place in fundamental conformity with standards of ethics as articulated by such organizations as the Canadian Museums Association and the International Council of Museums.

2.3 Legal Obligations This policy shall conform to all applicable statutory and regulatory requirements and to international treaties to which Canada is a signatory. (These include, but are not limited to, the Ontario Heritage Act, the Cultural Property Export and Import Act, the Shipping Act, the Toronto City Council35 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Copyright Act, the Income Tax Act, the Municipal Freedom of Information and Protection of Privacy Act, the 1970 UNESCO Convention, and the 1973 Convention on International Trade in Endangered Species.)

3.0 Context of Collecting

People have occupied Toronto since shortly after the last ice age and thus have created a continuum of human activity that stretches over many thousands of years. The scholarly enterprise to understand the past encompasses a variety of dynamic and expanding disciplines that seek meaning through both traditional and innovative endeavours. Rapidly changing technological developments are creating new opportunities to study artifacts and specimens in fresh and exciting ways. Meanwhile, the public asks different and more complex questions about its history as interest in the past evolves along with society.

As a result of these factors, the benefits in developing the Historical Collection with sensitivity and energy will grow as the City works to provide expanding audiences with more opportunities to understand Toronto’s rich history with greater comprehensiveness and inclusiveness than has been possible before.

3.1 Scope

The objective of developing the Historical Collection is to enhance the City’s ability to document, preserve, study, interpret, commemorate, exhibit and present a comprehensive history of Toronto (and related themes) from earliest times through assembling representative objects and associated documentation within a museological framework. Therefore, the City shall acquire artifacts, archaeological and natural history specimens, and associated documentary data that can be utilized to advance understanding of Toronto’s history and related histories.

Collecting shall occur within two frameworks:

- museum specific collecting undertaken by the Curator, Site Administrators, or designated person at each museum in fulfilment of its collecting mandate, as approved from time to time by the Commissioner of Economic Development, Culture and Tourism, or his or her designate, and as appended to this document; and

- general Toronto history collecting undertaken by the Supervisor of Collections and Conservation Services, the Chief Curator, and other designated persons to allow the City to preserve, study, and interpret the history of the community as a whole beyond the particular foci of its individual museums.

3.2 Modes of Collecting The City shall develop the Historical Collection both physically and virtually. Physical Collecting Physical collecting shall consist of acquiring artifacts and specimens, along with data on their provenance, history, and cultural significance, and shall follow standard practices of museum collecting. Toronto City Council36 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Virtual Collecting

Virtual collecting shall consist of amassing images, data and other information about artifacts and specimens that the City does not acquire but believes should be recorded and utilized to enhance knowledge of the community’s history over the long term, much in the same way acquired artifacts and specimens do. It differs from regular curatorial and historical research activities in that the data assembled in virtual collecting is meant to form a permanent intellectual resource of potentially multiple usage in its own right rather than to support a particular project, exhibit, or other activity. Virtual collecting is a new venture, made possible by technological advances and promises to help overcome many of the limitations associated with physical collecting.

Often virtual collecting will occur alongside physical collecting, such as in the case of a large object grouping in which the City might acquire representative samples but ‘collect’ the rest ‘virtually.’ Other examples of virtual collecting include securing the intellectual content of an artifact or assemblage without collecting the physical artifact or assemblage. Virtual collecting also permits assembling data on unobtainable objects or gathering information on a cultural resource before it is lost or dispersed.

The advantage of treating virtual collecting within collections policies is that the data will be managed with the same level of professional care that applies to actual objects. Hence, the data will be assembled and preserved better and will be maintained in conjunction with artifacts and specimens to serve as an important historical resource in its own right as well as a critical collateral support to enhance understanding of the actual collection.

4.0 Acquisition Practices

Collecting shall focus on the qualitative and manageable acquisition of objects and data of genuine relevance and meaning. Thus, collecting shall be selective, and shall be carried out with professional discernment for authenticity, quality, excellence, condition and long-term utility.

4.1 Methods of Collecting

Acquisitions of non-archaeological artifacts and specimens of genuine historical and cultural significance, along with relevant information shall occur through:

- purchase; - donations and bequests; - field collecting; - transfers from within the City’s other heritage collections; and - virtual collecting.

Artifacts and specimens may be collected if:

- they contribute meaningfully to a better understanding of Toronto’s history; - they contribute to an approved non-Toronto-centred collecting interest associated with a particular museum’s interpretive mandate; Toronto City Council37 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

- they fulfil a permanent exhibit requirement (such as a furnishings item needed for a period-room setting in a historic site); - legal title is not in dispute, and good title can be obtained by the City; - they have not been stolen, illegally excavated, or illegally exported; - museological ethical standards have not been violated; and - they are acquired without condition as to their use or disposition, unless otherwise agreed in the case of exceptionally desirable artifacts or specimens that might not be acquired otherwise, in which case attempts shall be made to set a reasonable date when these conditions shall cease to apply.

Artifacts and specimens that meet the above criteria may not be collected if they:

- do not possess an appropriate level of quality or long-term utility; - duplicate artifacts or specimens beyond the needs of the Historical Collection for multiple examples; - have been altered from the time of their creation in ways that unacceptably compromise their historical integrity and utility; - cannot be documented, stored, protected, or preserved adequately by the Culture Division with the resources at hand or through additional resources made available along with the acquisition; - require levels of management, conservation, or care that are inappropriate to the objects’ abilities to contribute to furthering historical understanding; - pose an unacceptable threat to the health or safety of individuals; and - pose an unacceptable threat to the security of the rest of the collection.

Although objects sometimes are de-accessioned as a result of changing circumstances, objects shall not be accepted into the Historical Collection with the intention of de-accessioning them subsequently.

4.2 Archaeological Collecting

Archaeological resources recovered in Ontario are owned by the Crown in right of Ontario, which licenses archaeological excavations and which designates repositories, such as the Culture Division, where these resources may be preserved, studied, interpreted and exhibited. Archaeological collecting by the Culture Division therefore occurs within that framework as set out in the Ontario Heritage Act and other appropriate legislation, such as the Cemeteries Act and the Shipping Act.

Archaeological specimens may be collected when recovered through professionally managed and licensed archaeological projects. In the case of archaeological work done by others, either for the City or a third party, the Culture Division may set minimum standards of conservation, documentation and packaging before accepting specimens.

Archaeological specimens shall not be purchased. Toronto City Council38 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Archaeological specimens shall not be acquired from unlicensed archaeological efforts, except in the case of specimens excavated or recovered before laws were established to protect archaeological resources or in the case of specimens found accidentally where no statute or regulation has been violated. Specimens without a suitable provenance shall not be acquired through gift or bequest.

Human remains shall not be acquired through archaeological excavation. However, human remains so recovered may be studied and documented scientifically before appropriate and respectful re-interment.

4.3 Artifacts Acquired for Program Use, Relics, Forgeries, Reproductions, and Loans

Artifacts and specimens acquired specifically for programming purposes without the intention of adding them to the Historical Collection shall not be acquired as part of the Historical Collection. Instead, they shall become part of the separate Educational and Programming Collection, which shall be inventoried and managed according to standards approved by the Manager of MHS.

Non-archaeological artifacts and specimens that have lost so much of their original integrity and now exist in relic condition shall not be collected. They may be acquired for Program use.

Forgeries shall not be collected unless they are documented and of historical importance, with full disclosure from the source. Reproductions shall not be added to the Historical Collection, unless they evolve to the point where they become objects of historical interest in their own right, such as in the case of reproductions related to the early museological history of Culture Division sites. (Reproductions shall be inventoried and maintained separately.)

Artifacts and specimens placed on loan to the Culture Division shall not be accessioned into the Historical Collection, although they shall be treated with the same or a greater degree of museological care as objects in the Historical Collection within the context of the Management Policy for the Historical Collection. Such objects, however, may be acquired subsequently through purchase or donation with the agreement of the lender.

4.4 Collaboration with Others

Other City agencies, such as the City of Toronto Archives, collect materials of historical significance. The Culture Division shall not compete with them for materials that fall within their approved collecting mandates, and therefore shall not normally collect materials that they would wish to acquire. The Culture Division also shall work collaboratively and supportively with non-City institutions and organizations in developing collections with a view towards maximizing the public benefits to be derived from assembling collections.

4.5 Documentation

The cultural worth and significance of artifacts and specimens depends to a decisive degree on the information associated with them. Such information determines the position of each object within the collection and within a broader cultural framework. This information also serves as a record of accountability and due diligence for the objects the City holds in trust and constitutes Toronto City Council39 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10 the corporate memory of the Historical Collection to allow successive generations to manage the collection for the public good. Therefore, recording and documenting relevant information about materials in the Historical Collection, as required by the Collections Management Policy, shall be a required component in the collecting process.

4.6 Acceptance of Artifacts and Specimens into the Historical Collection

No artifact or specimen may be added to the Historical Collection without the approval of the Commissioner, or his or her designate, except in instances where City policy would require Council approval to accept an object.2.

(2 Clause No. 25 of Report No. 9 of The Economic Development and Parks Committee, as adopted by Toronto City Council at its regular meeting held on October 3, 4 and 5, 2000 and its special meetings held on October 6, 2000 and October 12, 2000.)

4.7 Collecting by Individuals Associated with the Culture Division

The following conditions shall apply to private collecting:

- staff responsible for adding to or managing the Historical Collection (including all curators, site managers, museological staff in Collections and Conservation Services, the Manager of MHS, and other people as designated by the Manager of MHS) shall not collect museum-quality artifacts or specimens of the same kinds that the Culture Division collects or engage in trade in these materials that the Culture Division collects, either for themselves or third parties, either directly or indirectly, unless they first obtain written permission on a case by case basis from the Commissioner, or his or her designate, in circumstances where it is clear that the Culture Division has no intention of acquiring the particular object or class of objects at that moment in its collecting life;

- artifacts and specimens gifted to or inherited by staff are excluded from the above restrictions;

- artifacts and specimens acquired by an employee before assuming collections responsibility are excluded from the above restrictions and may be disposed of as the employee sees fit, so long as the disposal does not violate conflict of interest or ethical standards and does not occur in such as way as to reflect negatively upon the City;

- other staff of Culture Division facilities may collect as they see fit, so long as they do not knowingly compete with the Culture Division for acquisitions either directly or indirectly, and do not engage in a collecting or trade activity that reflects negatively upon the City; and

- staff and board members of Culture Division facilities shall refrain from participating in any the Culture Division activity where conflict of interest over collecting might be an issue, except to bring knowledge of potential acquisitions to the attention of the Manager of MHS, to donate objects through the normal acquisition process, or to participate in fundraising efforts to allow an acquisition to take place. Toronto City Council40 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Appendix: Collections Interests at the City of Toronto Museums and Heritage Service Sites

The following statements describe the collecting interests of the different museum that make up City of Toronto Museums and Heritage Services. These interests may be amended or changed with the approval of the Commissioner of Economic Development, Culture, and Tourism. Collecting interests shall be developed for each new facility over which the Culture Division may assume a collections-based museological responsibility.

Collections and Conservation Services

Collections and Conservation Services has three primary roles in collecting. The first is to manage both the actual and virtual components of the Historical Collection. The second is to support the collecting interests of the Culture Division museums through providing appropriate registration, conservation, exhibit design, loan, and related services. The third is to assemble a collection representative of the broad, non-site-specific history of Toronto from earliest times.

Colborne Lodge

Colborne Lodge, along with its ancillary structures, has been restored to explore the home, personal, professional, and public lives of John and Jemima Howard. In addition, Colborne Lodge interprets the history and environment of High Park and neighbouring regions, in part because of John G. Howard’s efforts to establish the park in the nineteenth century. Therefore, Colborne Lodge shall collect artifacts and specimens appropriate to interpreting these themes, as well as artifacts and specimens that advance understanding of the history of the site, both before and after it became a museum.

Historic Fort York

Historic Fort York, a designated National Historic Site, was founded in 1793. It served as Toronto’s primary harbour defence until the 1880s, continued to be used by the military for barracks and other facilities until 1932 and soldiers from the fort took part in all of the military challenges that faced Canada between 1793 and 1945. The establishment of the fort was the first act in the founding of urban Toronto. Fort York also explores the larger social history of Toronto’s garrison reserve neighbourhood, and the City’s place in military history. Therefore, Fort York shall collect artifacts and specimens appropriate for interpreting these themes (with a particular emphasis on Toronto-related materials), as well as materials that advance understanding of the story of the fort as a historic site.

The Gibson House Museum The Gibson House is restored to present the home, farm, professional, and political lives of David and Eliza Gibson and their family in the rural community of Willow Dale, circa 1851. The museum interprets the Gibsons’ lives and experiences as immigrants in mid-nineteenth century Ontario. Therefore, Gibson House shall collect artifacts and specimens that contribute to the interpretation of the Gibson family, as well as materials that advance understanding of the history of the site, both before and after it became a museum. (The ‘Master Interpretive Plan’ for the Gibson House further defines the interpretive, research, and collecting mandates of the museum.) Toronto City Council41 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

Mackenzie House

Mackenzie House interprets the life of William Lyon Mackenzie, newspaper publisher, politician, first mayor of Toronto, leader of the Rebellion of 1837, and public figure, as well as that of his family at his last home (which also includes a modern addition housing, in part, a reproduction printing shop). Therefore, Mackenzie House shall collect artifacts and specimens that explore the Mackenzie family and its place in Canadian history, including the printing profession as W.L. Mackenzie knew it, along with materials that advance understanding of the history of the site, both before and after it became a museum.

Montgomery’s Inn Montgomery’s Inn, an important late Georgian structure, is restored to present the home, personal, professional, and public lives of Thomas and Margaret Montgomery and their family in rural Etobicoke. The Museum tells the story of Etobicoke and its many communities, including the ecological history of the Mimico Creek watershed. Therefore, Montgomery’s Inn shall collect artifacts and specimens appropriate to exploring these themes, within the larger community context, as well as materials that help to explore the subsequent history of the inn, both before and after it became a museum.

The Scarborough Historical Museum The Scarborough Historical Museum interprets the rural, domestic, artisan and social history of Scarborough up to 1914, with a particular focus on the Cornell House, the McCowan Log House and The Hough Carriage Works. The museum and its collections contribute to a better understanding of the rural history of Toronto as a whole before the First World War. Therefore, the Scarborough Historical Museum shall collect artifacts and specimens appropriate to exploring these themes, as well as materials that explore the history of its facilities, both before and after they became part of the museum, along with its own history as a public institution.

Spadina Spadina consists of an 1866 mansion (which incorporates remnants of two early buildings) as well as outbuildings and extensive grounds. These facilities are used to explore the history of four generations of one of Toronto’s leading families, the Austins (and, to some degree, that of the earlier owners, the Baldwins) and the place of both families in the broader historical environment, along with the other histories of the site. Therefore, Spadina shall collect artifacts and specimens to explore these histories, as well as its own history as a public museum.

The Todmorden Mills Heritage Museum and Arts Centre

The Todmorden Mills Heritage Museum and Arts Centre occupies historic industrial and domestic buildings in the Don River Valley of East York. Its historical interests focus on interpreting the history of East York and the Don River Valley and their place in the larger history of the City, especially the industrial, social and natural history of the region, with a particular interest in milling, papermaking, brewing, distilling and brick making. Therefore, the Todmorden Mills Heritage Museum and Arts Centre shall acquire artifacts and specimens appropriate to exploring these histories as well that of the site itself, particularly from 1792 onwards. Toronto City Council42 Economic Development and Parks Committee June 18, 19 and 20, 2002 Report No. 6, Clause No. 10

York Museum

The York Museum collects, interprets, exhibits and interprets the broad history of the area occupied by the former City of York and its predecessor municipalities from earliest times. Therefore, the York Museum shall collect artifacts and specimens to enable it to fulfil its mandate, as well as materials related to its own history as a public institution.

Historic Zion Schoolhouse

The Historic Zion Schoolhouse, restored to the year 1910, portrays rural Edwardian school life in the community of L’Amaroux. The schoolhouse provides interactive, first person educational programs for the community. Therefore, the Historic Zion Schoolhouse shall collect artifacts and specimens appropriate to the interpretation of the educational practices of a rural schoolhouse in the early twentieth century, as well as materials that advance the understanding of the particular history of the schoolhouse, both before and after it became a museum.