Effective immediately, employers recruiting for LMIA-based positions must include the “Direct Apply” feature when posting jobs on Canada’s National Job Bank in order to meet advertising requirements.
Employers are also required to review and consider all applications submitted through the Direct Apply function. Failure to do so may result in non-compliance with LMIA advertising rules and the rejection of the LMIA application.
Employer Requirements and Responsibilities
The new Direct Apply requirement sets a higher standard for employers seeking a Labour Market Impact Assessment (LMIA).
Previously, employers were required to post LMIA-based job openings on the Job Bank for at least four consecutive weeks, in addition to using at least two other recruitment methods. However, enabling the Direct Apply feature was optional.
Under the new rules, Direct Apply is mandatory by default. Employers must accept and review all resumes submitted through this feature. Ignoring applications or disabling Direct Apply can result in non-compliance, which may lead to LMIA application rejection.
Key points for employers:
- Retroactive application: Direct Apply can be activated on all existing Job Bank postings.
- Consequences for non-compliance: Job Bank postings with Direct Apply disabled, or where applications from Canadian citizens, permanent residents, or temporary residents are ignored, will face posting restrictions. These restrictions could prevent employers from meeting the required four-week recruitment period, effectively invalidating the LMIA application.
- Additional recruitment requirements: Employers must still provide two other application methods (e.g., links to a company career site, LinkedIn page, or external application portal).
How the Job Bank Fits Into LMIA Advertising
Canada’s Job Bank is the government’s official job board, designed to connect employers with job seekers. For most LMIA-based positions, advertising on the Job Bank is mandatory in order to meet compliance requirements.
Advertising is required to demonstrate that no Canadian citizens or permanent residents are available for the role, thereby justifying the need to hire a foreign worker.
That said, some LMIA-based jobs are exempt from advertising requirements, including:
- Certain academic roles (e.g., visiting professors, post-doctoral fellows, guest lecturers)
- Camp counsellors
- Select entertainment industry jobs
- In-home caregivers
What Employers Should Know About the TFWP
The Temporary Foreign Worker Program (TFWP), which processes LMIA-based work permits, has long been essential in addressing labour shortages across Canada, particularly in sectors such as agriculture, manufacturing, and caregiving.
In recent years, the program has faced criticism. Critics argue that some employers may use the TFWP to access lower-cost labour or to bypass efforts to hire Canadian citizens and permanent residents first. Concerns have also been raised about wage suppression, working conditions, and the rapid growth of Canada’s foreign worker population, making the program a politically sensitive issue.
The federal government’s introduction of the Direct Apply advertising requirement is part of its response to these concerns. This measure also aligns with broader efforts to manage the temporary resident population amid ongoing pressures related to affordability and housing supply.
How Job Seekers Are Affected
The Direct Apply feature for LMIA-based jobs allows job seekers to submit applications directly through Canada’s Job Bank.
Applicants with a Job Seeker Plus account can simply click “Direct Apply” on a job posting, choose the appropriate resume from the drop-down menu, and submit their application without leaving the Job Bank portal.
Using Direct Apply can save time for applicants, eliminating the need to navigate to separate websites or create new accounts on individual employer job portals.
