New advertising rules for employers seeking Labour Market Impact Assessments

Effective immediately, employers hiring for Labour Market Impact Assessment (LMIA)-based jobs must use the “Direct Apply” feature on Canada’s National Job Bank, as part of the advertising requirements to receive a positive LMIA.

These employers must also consider all applications received through the Job Bank via the Direct Apply function, or risk failing to meet the advertising requirements for an LMIA and having their LMIA application rejected.

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Impact on employers

For employers, the new Direct Apply requirement introduces a stricter standard for meeting LMIA advertising rules.

Previously, employers hiring for LMIA-based positions were already required to post their roles on Job Bank for at least four consecutive weeks, alongside at least two additional methods of recruitment. However, under the old framework, they were not obligated to enable the Direct Apply function.

With the new regulation, Direct Apply is now mandatory by default, and employers must accept and review all resumes submitted through this feature. Failure to do so can result in non-compliance with recruitment requirements and lead to the rejection of an LMIA application.

Note: Direct Apply can also be applied retroactively to all existing job postings on the Job Bank.

The new policy sets clear consequences for non-compliance: any job posting on the Job Bank that has Direct Apply disabled, or where resumes of temporary or permanent residents of Canada, or Canadian citizens submitted through Direct Apply are ignored, will have restrictions imposed on it from the Job Bank.

These restrictions may prevent employers from meeting the minimum four-week recruitment period required under LMIA rules, which can lead to a failed LMIA application.

On top of Direct Apply, Employers are still required to provide at least two additional application methods—for example, by linking candidates to their company’s own website, LinkedIn page, or preferred application portal.

Canada's Job Bank and the LMIA advertising requirement

Canada’s Job Bank is the country’s government-run job board that works to connect job seekers and employers. As an official government website, it is also a required location for employers hiring for an LMIA-based job to advertise their position, in order to be compliant with advertising requirements.

Most LMIA-based jobs must be advertised as part of the approval process. This is to show that there were no Canadian permanent residents or citizens available to do the role, and that the hiring of a foreign worker is necessary.

However, some LMIA-based jobs are exempt from the advertising requirement. These include but are not limited to

• Certain academics, like visiting professors, post-doctoral fellows, and guest lecturers;
• Camp counsellors;
• Select jobs in the entertainment sector; and
• In-Home Caregivers.

For a complete list of jobs that are exempt from the LMIA advertising requirement, visit our dedicated webpage.

Context on the Temporary Foreign Worker Program (TFWP)

The TFWP—through which LMIA-based work permits are processed—has long played a central role in filling labour shortages across Canada, especially in critical sectors like agriculture, manufacturing, and caregiving.

Recently, however, the program has come under fire from critics who argue that employers use it to access lower-cost labour or to avoid making genuine efforts to recruit Canadians and permanent residents first. Concerns about wage suppression, working conditions, and overuse of the TFWP resulting in a rapid growth in Canada's foreign worker population have made the program a political lightning rod.

The federal government’s introduction of the new Direct Apply advertising requirement is part of its response to these critiques. In addition, this measure is part of Ottawa’s ongoing effort to reduce the number of temporary residents in Canada, in the face of affordability and housing supply pressures.

Impact on Job Seekers

Enabling of the Direct Apply function for LMIA-based jobs allows job seekers to submit their application directly through the Job Bank portal.

Applicants with a job seeker Plus account can simply click "Direct Apply" on the job posting, select their desired resume from the drop down menu, and submit their application directly through Job Bank.

Submitting an application through Job Bank can save applicants time, as it means that job seekers will no longer need to navigate to a different website and/or create a new account for an employer's individual job portal in order to apply to a posting.

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