The federal government's new rules for hiring academic staff have generated some conflict.

Although the government eliminated its so-called "two-tiered" advertising rule which allowed advertising for non-Canadians only after advertisements for Canadians failed to generate a suitable candidate, it retained a requirement that Canadians and permanent residents who meet the qualifications for a position must be given priority for the appointment.

"This has been interpreted by some university administrations differently than the government intended," said CAUT executive director James Turk.

"For example, the November 2001 issue of the University of Toronto Bulletin, described the rule as meaning, 'Canadian residents must still be given priority among equally qualified candidates' (emphasis added). This is not what the policy says," Turk said.

In response to CAUT questioning of the University of Toronto interpretation, Human Resources Development Canada deputy minister Claire Morris confirmed CAUT's understanding. "Only if no qualified Canadians or permanent residents can be found can the position be offered to a foreign academic," Morris wrote CAUT on Dec. 21.

Morris indicated that HRDC will have their regional offices "ensure that universities are aware of the intent of the new policy."

The new rules also require that advertisements are to provide broad exposure of the vacancy to Canadians and permanent residents who would be potential candidates for the position and that advertisements are to be for a reasonable period of time — normally one month. All positions advertised abroad must be advertised in Canada.

All Canadian citizens and permanent residents who meet the advertised requirements of the position are to be invited to participate in the selection process, for example, be invited for an interview. The university administration must report annually on the total number of academics hired, including the number of foreign academics.

In the event a foreign candidate is awarded the job, the university must provide HRDC with specific information on the recruitment and selection process to get an employment validation for the position. Information must include an explanation of the reason the position is being offered to a foreign candidate, with a report on the top three Canadian candidates.