New Advertising Rules for Employers Hiring Through the LMIA Process

The Canadian government has introduced new advertising requirements for employers seeking a Labour Market Impact Assessment (LMIA). Effective immediately, employers must now enable the Direct Apply feature on Canada’s Job Bank when posting LMIA-based jobs.

This change means that employers must review all applications submitted through Job Bank using Direct Apply. Failure to do so may result in their LMIA application being rejected.

What Is the New Direct Apply Rule?

• Employers posting LMIA-based jobs on Job Bank must turn on Direct Apply by default.
• All resumes received through Direct Apply must be considered by the employer.
• If employers ignore applications submitted through Job Bank, their postings may face restrictions.
• Restrictions could make it impossible to meet the minimum four-week recruitment period required for a positive LMIA decision.

Direct Apply can also be applied retroactively to existing Job Bank postings.

Impact on Employers

Before this change, employers hiring through the Temporary Foreign Worker Program (TFWP) already had to:

1. Advertise the job on Job Bank for at least four consecutive weeks.
2. Use two additional recruitment methods, such as their company website, LinkedIn, or another job board.

Under the new rules, enabling Direct Apply is mandatory, and employers must accept applications through it in addition to their other recruitment methods.

Employers who fail to comply risk:

• Having their Job Bank postings restricted.
• Being unable to meet the LMIA’s minimum advertising requirement.
• Facing LMIA application rejection.
  
  

Impact on Job Seekers

For job seekers, this change makes applying easier and faster. With Direct Apply, candidates can:

• Apply directly through Job Bank without leaving the site.
• Submit their resume with just a few clicks if they have a Job Bank Plus account.
• Avoid creating multiple accounts on external employer portals.

This streamlined process helps connect Canadian citizens, permanent residents, and foreign workers with LMIA-based opportunities more efficiently.

LMIA Advertising Requirements: Who Is Exempt?

Most LMIA-based jobs must meet the advertising requirement. However, some roles are exempt, including:

• Certain academics (visiting professors, post-doctoral fellows, guest lecturers).
• Camp counsellors.
• Some entertainment industry positions.
• In-home caregivers.

A full list of exemptions is available on the Government of Canada’s website.

Why Is the Government Making This Change?

The Temporary Foreign Worker Program (TFWP) helps fill critical labour shortages in industries such as agriculture, caregiving, and manufacturing. However, it has faced criticism for:

• Being used to access cheaper labour.
• Suppressing wages.
• Reducing opportunities for Canadians and permanent residents.
  
  

By making Direct Apply mandatory, the federal government aims to:

• Ensure that all applications from Canadian citizens and permanent residents are considered.
• Increase transparency in hiring practices.
• Support efforts to reduce Canada’s temporary resident population in response to affordability and housing pressures.
  
  

Key Takeaway

Employers hiring through the LMIA process must now use Direct Apply on Job Bank and review all applications received through this feature. Non-compliance can lead to restrictions, failed LMIA applications, and delays in hiring foreign workers.

For job seekers, this update simplifies the process of applying for LMIA-based positions, making it faster and more convenient to connect with Canadian employers.