To facilitate the integration of artists and public art into the development of applicable Town public projects, and define overall roles and responsibilities within the public art program.
The Public Art Procedure shall:
The Public Art Program will be funded from a number of sources:
Town owned public artworks will be funded primarily through the Public Art Reserve established by the Town.
Monetary donations added to the Public Art Reserve will also be used to facilitate the establishment of community art initiatives that may not otherwise have sufficient funds.
A minimum of 10% of the public art funding allocation should be used to support the long-term maintenance of the collection. A minimum of 10% of the public art funding allocation should be used to support the administrative costs of maintaining the public art program.
The Town shall encourage private developers to donate a percentage of project costs to public art.
Private developer options
Developers who contribute to the public art program shall be responsible for selecting a public art option listed below. Town staff shall advise and work with the developer to manage the public art project located on the developer’s property.
Option 1 – The developer contributes to the Public Art Reserve
In lieu of funding a public art project on-site, developers may choose to contribute one percent (1%) of the estimated project cost to the Town’s Public Art Reserve Fund.
Option 2 – The developer funds on-site public art
Developers may commission on-site public artwork(s) through a PAWG-assisted juried public art competition. The developer may wish to retain a public art consultant to represent their interests and to work with the Town to manage the public art project process. The developer shall maintain ownership of the public artwork.
Option 3 – The developer funds and the town manages the public art process
In an effort to minimize administration costs, developers may prefer that the Town manage their public art project. Five percent (5%) of the public art project budget shall be retained by the Town as a project management fee to cover administration costs for the public art selection process. The developer shall maintain ownership of the public artwork.
The Recreation and Culture department shall:
The PAWG shall:
The Planning Services and Economic Development departments shall:
Other town departments shall:
Using the established terms of reference, evaluation criteria and competition standards set out in this procedure, the PAWG shall manage juried art selection competitions and shall decide on the project proposal requirements for each competition.
Selection criteria may be refined by the PAWG but shall comply with the following:
The Town shall recognize that although public artworks may occasionally cause controversy, challenging projects shall not be rejected based on political pressures or short-term fluctuations in artistic taste. All public art proposals shall be selected based on the evaluation criteria of this Public Art Procedure.
Prior to selecting a site for public art, the selection jury and the PAWG shall consider the following factors:
On-site locations for public art projects may include walls, ceilings, floors, windows, staircases, entrances, exits, and rooftops.
In addition, locations for public art projects may include parks, plazas, roadways, bridges, historic places or landmarks, or places of special heritage or community significance.
Whenever appropriate, community consultations with surrounding residents and businesses that may be impacted by the proposed location of a public artwork shall be considered prior to final approval of the work.
The artist or sponsor shall be asked to submit to the PAWG prior to its consideration of the proposal:
Additional supporting material relevant to the proposal may be required and will be determined on a project-by-project basis.
Artists shall be fairly compensated for their time and work. For the purpose of proposal development, a minimum industry standard hourly rate shall apply. Compensation shall be determined on a case by case basis.
An artist and/or sponsor may submit a formal appeal within 30 days of the selection decision by way of a written request to the PAWG. Appeals shall not be accepted based on the grounds of the selection jury’s aesthetic evaluation of the work.
The PAWG may invite any individual whom it believes may contribute to the adjudication of the appeal, to appear before it.
Direct purchases of public artwork may be made in accordance with the Town’s Purchasing Policy and Public Art Procedure.
The Town shall consider gifts of public art under the proviso that no public funds are required for the production, siting, and/or installation of the work, except when the Town itself acts as a sponsor or co-sponsor.
A maintenance audit shall be conducted as part of the review of the proposal if, in the opinion of staff, the proposed donation is likely to incur high maintenance costs and require a larger contribution to the Maintenance Reserve.
All donated public artworks shall be professionally appraised by a certified appraiser at the time of donation to determine fair market value.
Public artworks approved by Council shall become part of The Town's Public Art Collection. The Town shall be responsible for ensuring that the Public Art Collection is maintained in good condition.
The allocation of resources for conservation and maintenance shall be guided by the principle that preventive maintenance shall receive priority over conservation treatment.
The Town shall establish and maintain a registry of the Public Art Collection which shall be made available to the public.
Artwork acquired for the Public Art Collection shall become the property of the Town of Oakville except those artworks subject to the parameters for Temporary Public Art as identified below.
Copyright of the artwork shall remain with the artist unless the Town has acquired the copyright in full or has an agreement in writing for limited usage.
For direct purchases of artworks, the Town shall negotiate with the artist to purchase full reproduction rights and the right to show, display or exhibit the artwork, including proposal drawings, maquettes (models), and other support materials.
Insurance coverage shall be provided to protect the public art collection against all risks of direct physical loss or damage, while in transit and at all Town owned/leased locations, and while in storage or on display.
The PAWG, in consultation with the Recreation and Culture department and with technical advice from the Town’s Conservator, shall determine the classification of the artwork. Temporary public art shall not be registered into the Public Art Collection and shall not be part of the Public Art Conservation and Maintenance program.
A written agreement with the artist shall outline the terms of disposal after the specified exhibition time period.
Artwork may be considered for de-accession review under any of the following conditions:
An artwork may be de-accessioned provided that there are no legal or time restrictions against disposal of the artwork.
The Artist or his/her estate shall have the right of first refusal if an artwork is de-accessioned.
Artworks of significant monetary value, which have received approval for de-accessioning, may be disposed of by the following methods:
Funds derived from any sale of de-accessioned artwork or from any possible insurance claims are to be placed in the Public Art Reserve Fund.
Information relating to artworks that are to be de-accessioned shall be made available to the public.
The Public Art Procedure is to be administered by the Recreation and Culture department.
The Recreation and Culture department, in coordination with The Town, shall review the Public Art Procedure every five years to ensure that it continues to reflect the current needs of the community.
Public input may be solicited.
Public art: art that is acquired through a public process with the specific intention of being sited in the public realm. Public Art may include but is not limited to sculptures, mosaics, banners, earthworks, or street furniture. In this policy, Public Art excludes plaques, mass-produced decorative elements created without an artist’s input, and museum or archival items that may be displayed in public spaces. It also excludes works in the town’s Corporate Art Collection that would be displayed inside Town facilities.
Temporary public art: public art that is recognized as having a limited lifespan due it its fabrication, material, or site location.
Public places: town buildings and grounds including parks, open spaces, squares, roadways, streets, bridges, as well as the interior and exterior of publicly owned buildings. Public places may also include buildings and grounds that are privately owned but accessible to and frequented by the general public.
Procedure Number: MS-REC-003-002
Parent Policy: MS-REC-003
Section: Municipal Services
Sub-Section: Recreation and Culture
Author: Recreation and Culture
Effective Date: 2010 Jun 14
Review by Date: 2015
Last Modified: 2012 Apr 16
MS-REC-003-001 Corporate Art Collection Procedure
Public Art Working Group - Terms of Reference
Public Art Jury - Terms of Reference