Requirements for Hiring Foreign Academics

PDAD&C # 13, 2014-15

To:  PDAD&C 
From:      Sioban Nelson, Interim Vice Provost, Faculty & Academic Life 
Date:  August 8, 2014 
Re:  Requirements for Hiring Foreign Academics

I’m writing to remind those involved with the recruitment of academic staff of the processes and policies established by the University and Employment and Social Development Canada (ESDC).  These requirements are applied to all faculty searches in order to ensure we can attract an outstanding, international pool of applicants who, if hired, will be eligible to work in Canada. Non-Canadians/non-permanent residents must obtain a temporary work permit under the Temporary Foreign Worker Program in order to legally work in Canada.  As of June 20, 2014, there have been significant changes made to the Temporary Foreign Worker Program which apply to the recruitment of foreign academics.  The program for foreign academic workers requires a Labour Market Impact Assessment (LMIA) which has a number of new criteria which are closely examined by ESDC before a work permit is granted.

The attached tip sheet contains the full details of the requirements (also available here).  We ask that you circulate this to all search committees and their academic search administrator staff so they are aware of the requirements.  Our requests for LMIAs are being carefully scrutinized and we are sometimes being asked to provide additional supporting evidence as to why a Canadian was not hired. 

Failure to comply with the advertising and program requirements may mean an LMIA application is denied and the candidate will be unable to work in Canada.

Of particular importance are:
• Advertising in Canadian sources and keeping accurate records of all advertisements in their original form (e.g. scans of print ads, screen shots of internet ads).
• Ensuring that ALL advertisements (including emails) contain this statement: All qualified candidates are encouraged to apply; however Canadians and permanent residents will be given priority.
• Providing clear statements of expected educational credentials, job duties and job requirements.  This will be the rationale upon which we make the LMIA application/disqualify Canadian applicants.
• The approved text of position advertisements must be used in all advertising including emails.  If a search committee must shorten the text, please contact us for assistance.
• These requirements apply for tenure and teaching stream faculty, CLTAs, and research associates.  Foreign candidates cannot be hired on part-time appointments under the Temporary Foreign Worker Program (FTE must be greater than 60%).
• For each LMIA application, we are now required to provide a short rationale for why EACH Canadian applicant was not hired.  Search committees must keep records indicating that applications from all Canadian/ permanent residents were reviewed and the reason why they weren’t hired for the position. 

Based on our experience in the last six months and in light of changes to the Temporary Foreign Worker Program, we are reviewing all position advertisements with increased scrutiny and will be contacting search committee chairs to confirm wording and advise of the consequences of proposed job requirements before approving the text.  This may result in some short delays with job advertisement approvals. 

To assist with the advertising, the Office of the Vice-Provost, Faculty & Academic Life arranges advertising for all positions posted to UTORecruit and online through University Affairs.  Advertisements posted to the U of T career site by each Wednesday will appear the following week on the University Affairs website.  While jobs must be advertised for a minimum of 30 days, you are strongly encouraged to advertise for 60 days and to adjust your closing dates accordingly.

Contacts for assistance:

Recruitment and advertisement: Stephannie Roy, Senior Projects Officer & Recruitment Coordinator,

Temporary Foreign Worker Program and immigration: Jesse Sims, Senior Coordinator, Faculty & Academic Life,