Canada’s 2025 LMIA Advertising Rules: Mandatory Job Bank Direct Apply and Stricter Employer Compliance Requirements

New Advertising Rules for Employers Seeking Labour Market Impact Assessments

As of September 2025, Canada has introduced updated advertising rules for employers pursuing Labour Market Impact Assessments (LMIA). These changes aim to boost transparency, combat fraud, and ensure Canadian workers are prioritized before hiring temporary foreign workers.

The most significant update is the mandatory use of Job Bank’s Direct Apply feature for all LMIA-related job postings. Employers must actively monitor applications and review resumes within 21 days. Failure to comply can lead to ad removal, LMIA delays, or even denial.

Key Requirements and Changes

• Mandatory Job Bank Direct Apply: All LMIA ads must now use Job Bank’s Direct Apply feature. Employers must review applications within 21 days. Non-compliance risks ad removal or LMIA denial.
• Multiple Recruitment Channels: While Direct Apply is required, employers must also use at least one additional recruitment method, such as another job board or print media, to show broad outreach efforts.
• Record Keeping: Employers must maintain detailed records of their recruitment process for six years. This includes copies of ads, resumes, and reasons for rejecting candidates.
• Appeal Process: If a Job Bank ad is suspended, employers can appeal by contacting support and providing evidence of compliance with the rules.
• No Cost for Direct Apply: The Direct Apply feature is free, ensuring no financial barriers for employers meeting LMIA advertising requirements.

Sector-Specific and Transitional Details

While the rules apply broadly, some sectors have unique considerations:

• High-Wage Positions: Similar advertising and review requirements apply, but variations exist. Employers should consult ESDC guidelines for specifics.
• Agriculture: Primary agriculture positions are temporarily exempt from advertising requirements until December 31, 2025. However, employers must still maintain records and continue outreach to underrepresented groups.

Rationale and Goals

These updates are part of Canada’s broader efforts to:

• Curb fraud and abuse in immigration-related employment programs.
• Ensure fairness in recruitment by prioritizing Canadian citizens and permanent residents.
• Streamline LMIA processing while requiring employers to conduct thorough and accountable candidate reviews.

By enhancing transparency and accountability, the new rules aim to create a more equitable hiring landscape while supporting the integrity of Canada’s immigration system.

Consequences for Non-Compliance

Employers who fail to adhere to these new regulations face significant repercussions. Non-compliance can directly impact an employer’s ability to hire temporary foreign workers, leading to operational disruptions and delays in processing times.

• LMIA Denial: Failure to meet the advertising and review requirements can result in the outright denial of an LMIA application, halting the hiring process for temporary foreign workers.
• Processing Delays: Non-compliance can cause delays in LMIA processing, potentially disrupting business operations that rely on foreign worker recruitment.
• Operational Disruptions: The inability to hire foreign workers due to non-compliance can lead to labor shortages, impacting productivity and business continuity.
• Record-Keeping for Audits: Employers must maintain detailed records for six years, which may be subject to audits. Failure to produce adequate documentation can result in further penalties and complications.

If you are an employer planning to hire via the Temporary Foreign Worker Program (TFWP), careful adherence to these updated advertising and documentation rules is essential for timely and successful LMIA approval.

Conclusion

The updated advertising rules for Labour Market Impact Assessments (LMIA) represent a significant shift in how employers recruit and hire temporary foreign workers in Canada. By mandating the use of Job Bank’s Direct Apply feature, requiring additional recruitment channels, and enforcing stricter record-keeping, the new regulations aim to enhance transparency, fairness, and accountability in the hiring process.

Employers must prioritize compliance with these rules to avoid LMIA denials, processing delays, and operational disruptions. The changes also underscore the importance of giving Canadian citizens and permanent residents preference in the workforce while maintaining robust documentation practices for audits and compliance reviews.

By adhering to these updated guidelines, employers can ensure a smoother LMIA application process, maintain business continuity, and align with Canada’s commitment to equitable and ethical hiring practices.

Frequently Asked Questions (FAQs)

What are the main goals of the new advertising rules for LMIA?

Is the Job Bank Direct Apply feature mandatory for all LMIA applications?

Can employers use only the Job Bank Direct Apply feature for recruitment?

What records must employers keep, and for how long?

What happens if an employer fails to comply with the new advertising rules?

Are there any exemptions to the new advertising requirements?

How do the rules differ for high-wage positions?

What should employers do if their Job Bank ad is suspended?