Self-Employed
I. The Legislation
In order to be entitled to benefits a claimant must be unemployed. In accordance with subsection 11(1) of the Employment Insurance Act, a week of unemployment for a claimant is a week in which he does not work a full working week.
Subsection 11(1) Employment Insurance Act Employment Insurance Act
Pursuant to subsection 30(1) of the Employment Insurance Regulations, a claimant who is self-employed; or who operates a business on his or her own account or in partnership or co-adventure; or, who is employed in any other employment in which he or she controls their own working hours, is considered to have worked a full working week and is therefore not entitled to benefits.
Subsection 30(1) Employment Insurance Regulations Employment Insurance Regulations
However, subsection 30(2) of the Employment Insurance Regulations provides that where a claimant is employed or engaged in the operation of a business to such a minor extent that a person would not normally rely upon it as a principal means of livelihood, he or she will not be regarded as working a full working week.
Subsection 30(2) Employment Insurance Regulations Employment Insurance Regulations