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Employment and Social Development Canada
ESDC programs and policy development
Employment Insurance (EI)
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Reports: Employment Insurance (EI)
Digest of Benefit Entitlement Principles
Digest of Benefit Entitlement Principles Chapter 4 – Week of unemployment
Table of contents
4.1.0 Authority
4.1.1 Application
4.1.2 Week of unemployment defined
4.1.3 Amount to be deducted
4.1.4 Factors to consider
4.1.5 Activities to be disregarded
4.2.0 Proof
4.2.1 Onus of proof
4.2.2 Evidence inadequate
4.2.3 Contradictory statements
4.2.4 Original statement denied
4.3.0 Hours controlled by employer
4.3.1 Employees in general
4.3.2 Piece workers
4.3.3 Railway employees
4.3.4 Employees in farming or horticulture
4.3.5 Lay days or periods of leave
4.4.0 Remuneration without work
4.4.1 Annual vacation period
4.4.2 Leave with pay
4.4.3 Compensatory leave
4.4.4 Deferred salary leave plans
4.4.5 Off-season covered by contract
4.4.6 Notice and severance pay
4.4.7 Damages for wrongful dismissal
4.4.8 Stand-by hours
4.5.0 Work without remuneration
4.5.1 For an employer
4.5.2 Training period
4.5.3 Bankruptcy
4.5.4 For a relative or friend
4.5.5 For a spouse
4.5.6 Benevolent work
4.6.0 Independent workers working a full working week
4.6.1 Clientele concerned
4.6.2 Unemployment status and availability: two distinct requirements
4.6.3 Determination of engagement or investment
4.6.3.1 Engagement in a business
4.6.3.2 A natural concern for an investment
4.6.4 Exception to overcome the presumption of a full working week
4.6.4.1 Circumstances determining whether a claimant's involvement is minor in extent
4.6.4.2 Time spent
4.6.4.3 Nature and amount of the capital and resources invested
4.6.4.4 Financial success or failure of the employment or business
4.6.4.5 Continuity of the employment or business
4.6.4.6 Nature of the employment or business
4.6.4.7 Claimant's intention and willingness to seek and immediately accept alternate employment
4.6.5 Engaged in the operation of a farming business
4.6.5.1 Period defined in regulation 30(4) - farming
4.6.6 Period preliminary to the opening of the business
4.6.7 Form of business organization
4.6.7.1 Self-employed worker
4.6.7.2 Sole proprietorship
4.6.7.3 Partnership: general or limited
4.6.7.4 Co-adventurer
4.6.7.5 Corporation or limited company
4.6.8 Piercing the corporate veil
4.6.8.1 Claimants who are corporate shareholders
4.6.9 Volunteering assistance to a business enterprise
4.6.10 Claim for special benefits
4.6.11 Issue of earnings
4.6.12 Employment activity known as self-employment
4.7.0 Independent workers—particular types
4.7.1 Tradespersons
4.7.2 Truck owners
4.7.3 Taxi drivers
4.7.4 Real estate agents or salespersons
4.7.5 Elected public officials
4.7.6 Professional people
Appendix "A" — type of contract
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Date modified:
2016-11-11
