Revised HRDC and Immigration Procedures

PDAD&C #30, 2001-2002

M E M O R A N D U M

TO:   Principals, Deans, Academic Directors and Chairs
FROM:   Vivek Goel, Vice-Provost, Faculty
DATE:   November 16, 2001
RE:   Revised HRDC and Immigration Procedures

As noted in PDAD&C#23, issued on November 9, 2001, Human Resources and Development Canada (HRDC) has revised its policies and procedures regarding recruitment of academics. As you know, until recently, international recruitment has been governed by a "two-tier" system. This system, in place since 1981, has now been abolished. While a "Canadian's first" policy remains in place, the ability to advertise and recruit simultaneously in both Canada and abroad is now available in ALL disciplines to Universities across the country.

The purpose of this memorandum is to outline the revised procedures for recruitment. This memorandum supersedes all previous documents circulated on this topic. We recognize that there have been several changes to these procedures in the last 12 months. Your patience and efforts are appreciated in ensuring that we remain compliant with relevant regulations.

A small number of disciplines were previously exempted from the 2-tier policy and its requirements for advertising. Since that policy has been eliminated, the exemptions no longer exist. The new policy applies to all disciplines, including those that were formerly exempted. The new requirements outlined below must be followed for all disciplines. Canada Research Chairs appointees are exempt from these provisions and procedures for obtaining employment authorizations for them are described at the end of this memorandum.

Advertising

All academic positions must be advertised in a manner that ensures that qualified Canadians and permanent residents have exposure to the vacancy. HRDC is not stipulating the form or the medium to be used for this advertising, but will require the University to justify that the medium is appropriate for that discipline. Advertising should run for a reasonable period of time, which would usually be a one-month duration. All advertisements must contain the following statement: "All qualified candidates are encouraged to apply; however, Canadians and permanent residents will be given priority."

Regardless of the new HRDC regulations for advertising, minimum requirements for advertising are stipulated in the Policy and Procedures on Academic Appointments, paragraph 5(i). The first requirement is that positions are advertised in such journals as University Affairs and the CAUT Bulletin. In order to meet the first requirement, the Provost's office will continue its practice of electronically posting advertisements to University Affairs. It is your responsibility to ensure that the remaining requirements for advertising under the Policy are met. These include advertising in national and international disciplinary journals and contacting the corresponding divisions and departments in Canadian Universities.

If a search is continued from one year to the next, it should be re-advertised. Advertisements posted abroad must also be posted in Canada.

These new requirements are effective immediately. Advertisements that have already been placed are exempted.

Employment Validations

Qualified Canadians who meet the advertised requirements must be given priority in the selection process, including the development of the short-list. Where a non-Canadian or non-permanent resident has been identified as the successful candidate for a search, an employment validation is required from HRDC. The advertisement is a key document that HRDC will examine in its decision to issue an employment validation.

The revised Foreign Academic Recruitment Summary form will be submitted by this Office to HRDC (along with the Foreign Worker Information Sheet) when a search has selected a non-Canadian/permanent resident. to enable the selected candidate to receive permission to work in Canada.

You must fill out information for the top three Canadians/Permanent resident applicants in the Foreign Academic Recruitment Summary form. We expect that at least one of them will be on the short list, though this is not mandated.

The information required for each of these unsuccessful candidates should be presented in a simple and straightforward way. You should use the following steps in completing this form, referring to the diagram below.

Sample of EMP525

  • Check box (A) "Applicant did not meet advertised job requirements" only where the applicant was clearly unsuitable based on the advertisement.
    • Give reasons in space (B) such as:
      • did not have required degrees or qualifications
      • was not in advertised area.
  • Check box (C) if the "Applicant met advertised job requirements".
    • Check box (D) for someone on the short list who "was interviewed".
      • Check box (E) if the interviewed applicant "did not meet selection standard" and insert a statement in space (H) such as:
        • interview demonstrated that quality of (scholarship) (teaching) did not meet advertised standards required for tenure-stream position.
        • interview demonstrated that the candidate did not have the potential to meet advertised standards during probationary period.
      • Check box (F) if the interviewed applicant was "offered the position and declined".
    • Check box (G) for someone who "was not interviewed" and give a reason in space (H) such as:
      • declined interview.
      • accepted position elsewhere.

The revised Foreign Academic Recruitment Summary form and the Foreign Worker Information Sheet can be found on the Provost's website. Please ensure that a completed copy of the accepted offer of employment as well as these two forms are sent immediately to the attention of Rachel Kasimer at the Provost's Office for submission to HRDC.

Employment Authorization (Work Permit) and Permanent Residency

The procedures once an employment validation has been obtained remain unchanged. When an employment validation has been received from HRDC, I will send you a memo to be given to the faculty member and my office will then forward the employment validation details to Mr. Stan Bush, our immigration legal counsel. Mr. Bush will write directly to the new faculty member to begin the process. He will oversee the entire process of obtaining an employment authorization ("work permit") that will enable the faculty member to work in Canada. He will also oversee the application for permanent resident status (immigration). The memo that is sent to the faculty member outlines the documents that have to be provided to Mr. Bush in order to process the file. It is the new faculty member's responsibility to ensure that the documents are provided in a timely manner.

The Provost's Office will pay the legal fees for obtaining the employment authorization and filing the permanent residency application. As you know, the division is responsible for application fees for your new faculty member and accompanying family. Mr. Bush will pay these on behalf of the applicant, but we will ask for a transfer of divisional funds for these fees and for any incidental expenses such as photocopying charges or medical examination fees that the applicant wishes to claim. Charges for any other immigration related legal services are the responsibility of the faculty member.

Canada Research Chairs

The Canada Research Chairs Program enables universities to fast-track foreign worker entry to Canada by eliminating a case-by-case employment validation from Human Resources Development Canada. This means that a non-Canadian CRC appointee who has been accepted to take up a CRC position, will be validated under the National Validation Letter issued by HRDC. In addition, CRC are exempt from the advertising requirements as outlined above. However, for this exemption to apply, the CRC holder must have the approval letter from the CRC Program.

If you have any questions regarding these procedures please contact either myself, the Assistant Vice-Provost for your area or Rachel Kasimer.