New Advertising Rules for LMIA Applications: Direct Apply on Job Bank Now Mandatory
Overview of the Policy Change
The Government of Canada has introduced new advertising requirements for employers seeking a Labour Market Impact Assessment (LMIA) under the Temporary Foreign Worker Program (TFWP).
As of now, employers must enable the “Direct Apply” feature on the National Job Bank when advertising LMIA-based job openings. This means:
- All applicants must be able to apply directly through Job Bank.
- Employers are obligated to review all applications submitted via Direct Apply.
Failure to comply could lead to a rejected LMIA application, significantly impacting an employer’s ability to hire foreign workers.
Impact on Employers
Previous Rules
- Employers had to advertise positions for a minimum of 4 consecutive weeks on the Job Bank.
- At least two additional recruitment methods were required (e.g., LinkedIn, company website).
- Enabling the Direct Apply option was not mandatory.
New Rules (Effective Immediately)
- Direct Apply is now mandatory for all LMIA-based job postings.
- Employers must review resumes from Canadian citizens, permanent residents, and temporary residents submitted through Direct Apply.
- Ignoring applicants or disabling Direct Apply may lead to non-compliance and LMIA refusal.
- Job Bank will impose restrictions on non-compliant postings, preventing employers from meeting the required 4-week advertising period.
Note: Direct Apply can also be applied retroactively to job postings already active on the Job Bank.
Why the Change?
The update is part of Ottawa’s strategy to:
- Ensure that employers genuinely consider Canadian and permanent resident applicants before hiring foreign workers.
- Address long-standing criticisms of the Temporary Foreign Worker Program, including overuse and wage suppression concerns.
- Support the government’s broader effort to reduce reliance on temporary residents due to pressures on housing and affordability.
LMIA Advertising Exemptions
Not all LMIA-based roles require advertising. Exempt positions include:
- Certain academic roles (visiting professors, post-doctoral fellows, guest lecturers)
- Camp counsellors
- Select jobs in the entertainment sector
- In-home caregivers
Benefits for Job Seekers
The Direct Apply function simplifies the application process for candidates:
- Applicants with a Job Bank Plus account can apply directly with a stored resume.
- No need to create separate company-specific accounts or navigate external websites.
- Faster, more efficient application process for LMIA-based jobs.
Table: LMIA Advertising Rules – Old vs. New
| Requirement | Previous Rules | New Rules (Effective Immediately) |
|---|---|---|
| Job Bank Posting | Mandatory (4 weeks) | Mandatory (4 weeks) |
| Direct Apply Option | Optional | Mandatory by default |
| Resume Review Obligation | Not enforced | Employers must review all applications |
| Additional Recruitment Methods | Minimum of 2 required | Minimum of 2 still required |
| Non-Compliance Consequence | Risk of delays or rejection | LMIA rejection + Job Bank restrictions |
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