New Advertising Rules For LMIA Applications In Canada

New regulations apply immediately

Chính phủ Canada vừa ban hành thay đổi quan trọng trong quy trình quảng cáo tuyển dụng cho Labour Market Impact Assessment (LMIA) – Đánh giá Tác động Thị trường Lao động.

From now on, employers who want to apply for an LMIA must use the Direct Apply feature on Job Bank - the official recruitment site of the Canadian government.

Employers must also review all applications received through Job Bank. Failure to do so may result in the LMIA application being rejected as not meeting the requirements of the job advertisement.

What is LMIA?

A Labour Market Impact Assessment (LMIA) is a document issued by the Canadian government to demonstrate that:

• There are no suitable Canadian citizens or permanent residents to fill the vacant position.
• Recruiting foreign workers is necessary.

Chỉ khi có LMIA tích cực, người lao động nước ngoài mới có thể xin giấy phép lao động (work permit) trong hầu hết các trường hợp.

Impact on employers

Before

• Employers must post job ads on Job Bank for at least 4 consecutive weeks.
• Also have at least 2 additional recruitment channels (e.g. company website, LinkedIn, other recruitment portals).
• Direct Apply is not required.

Now according to new regulations

• Direct Apply is required on all LMIA job postings.
• Employers must accept and review applications submitted through Job Bank.
• If ignored, the LMIA application may be refused.
• Job postings that do not have Direct Apply enabled will have limited visibility, affecting the compliance with the mandatory 4-week posting requirement.

In addition to Direct Apply, employers must maintain at least two additional recruitment channels.

The Role of Job Bank

Job Bank is the official Canadian government job portal, connecting candidates and employers.
For most jobs requiring an LMIA, posting on the Job Bank is required to demonstrate that the job opportunity was offered to Canadians before hiring a foreign worker.

Some exceptions (no LMIA required)

• Some academic positions (visiting professor, postdoctoral research).
• Camp counselors.
• Some jobs in the entertainment industry.
• Người chăm sóc tại gia (In-Home Caregivers).

Contact the Temporary Foreign Worker Program (TFWP)

Temporary Foreign Worker Program (TFWP) là chương trình cho phép cấp giấy phép lao động dựa trên LMIA.
This program helps fill labor shortages in Canada, especially in the following industries:

• Agriculture,
• Manufacture,
• Health care and home care.

However, the TFWP has also faced criticism, with some employers claiming that it is being used to hire cheap labor instead of prioritizing hiring Canadian citizens.

The addition of mandatory Direct Apply is a move to:

• Ensure a more transparent recruitment process.
• Limit TFWP abuse.
• Ease pressure on the number of temporary residents in Canada.

Impact on candidates

With the new rule, candidates can apply directly on Job Bank via the Direct Apply button.

• Job seekers only need to have a Job Seeker Plus account, select an available CV and send it directly.
• No need to visit multiple websites or create additional accounts.

This saves candidates time, while increasing their chances of reaching employers directly.

Conclusion

The new Direct Apply requirement on Job Bank is an important change in the LMIA application process.

• For employers: must strictly comply to avoid rejection of applications.
• For candidates: more convenient and transparent application opportunities.