Canada: New Labour Market Impact Assessment Advertising Rule

Effective immediately, employers applying for a Labour Market Impact Assessment (LMIA) to hire foreign workers must use the “Direct Apply” feature on Canada’s National Job Bank as part of the advertising requirements. Employers are required to accept and review all applications submitted through Direct Apply, and failure to do so may result in non-compliance with LMIA rules and rejection of the application. An LMIA is a document that employers must obtain before certain foreign nationals can apply for a work permit under the Temporary Foreign Worker Program. It confirms that the employer has made genuine efforts to recruit Canadians first and that hiring a foreign national would benefit the Canadian labour market. Employers must continue to advertise LMIA-related positions on the Job Bank for at least four consecutive weeks and use a minimum of two additional recruitment methods. The key change is that the Direct Apply feature, which was previously optional, is now mandatory and automatically enabled for all postings. If employers disable the feature or disregard applications from Canadian citizens or permanent residents submitted through it, the Job Bank may impose restrictions that invalidate the four-week recruitment period and lead to rejection of the LMIA application. This policy shift is part of the government’s broader effort to tighten compliance and reduce reliance on temporary foreign workers, amid concerns about the program’s impact on wages and job opportunities for Canadians.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen.