The federal government has introduced new advertising rules for employers seeking Labour Market Impact Assessments (LMIAs) under the Temporary Foreign Worker Program (TFWP).
Effective immediately, all LMIA-based job postings on Canada’s Job Bank must have the “Direct Apply” feature enabled. Employers are required to accept and review all applications submitted through this function. Failure to do so will result in non-compliance with LMIA recruitment requirements and may lead to the rejection of LMIA applications.
Key Changes
- Mandatory Direct Apply: Previously optional, Direct Apply is now required by default for LMIA job postings.
- Retroactive Application: Direct Apply must be enabled on all new and existing Job Bank postings.
- Review Obligations: Employers must consider all resumes received via Direct Apply, including those from Canadian citizens and permanent residents. Ignoring these applications could disqualify an employer from meeting LMIA advertising rules.
- Additional Requirements: Employers must still provide at least two other recruitment methods (e.g., their company website, LinkedIn, or another portal).
The government says the new requirement strengthens accountability and ensures Canadian citizens and permanent residents are given priority consideration before temporary foreign workers are hired.
Context
Most LMIA-based jobs must be advertised for at least four consecutive weeks on the Job Bank and two other recruitment platforms to demonstrate no suitable Canadian candidate is available. Exemptions include some academic roles, camp counsellors, select entertainment jobs, and in-home caregivers.
The TFWP plays a key role in addressing labour shortages across Canada, particularly in agriculture, caregiving, and manufacturing. However, it has faced criticism over alleged misuse by employers, wage suppression, and growing reliance on foreign labour. Ottawa has pledged to tighten program requirements while reducing temporary resident levels amid ongoing affordability and housing supply pressures.
Impact on Job Seekers
For workers, the Direct Apply function makes it easier to apply directly through the Job Bank portal without navigating external application systems. Those with a Job Bank Plus account can simply click “Direct Apply,” select their resume, and submit their application directly to employers.
The government says the change improves accessibility for Canadian applicants while ensuring employers meet stricter compliance standards.