Employment Insurance Regulations (SOR/96-332)

• 76.42 (1) Subsection (2) applies in respect of two persons who are caring for the same child or children and who do not reside in the same province at the time the first one of them makes an application under section 152.04 or 152.05 of the Act or an application for provincial benefits.

• (2) Subject to subsection (3), if one of the two persons referred to in subsection (1) has applied for and is entitled to receive benefits under section 152.05 of the Act (referred to in this section as “the self-employed person”) and the other person has applied for and is entitled to receive provincial benefits (referred to in this section as “the provincial applicant”), unless they have entered into an agreement as to the number of weeks of such benefits they will each respectively apply for or there is a court order respecting the sharing of those weeks of benefits,

  • (a) if the number of weeks of benefits that the self-employed person would otherwise be entitled to receive under section 152.05 of the Act is an even number, the number of weeks of benefits payable to the self-employed person is half that number; and

  • (b) if that number is an odd number,

    • (i) if the self-employed person made the earlier application, one week of those benefits plus half of the remaining weeks of benefits is payable to the self-employed person, and

    • (ii) if the provincial applicant made the earlier application, half the number of weeks of benefits remaining, after deducting one week, are payable to the self-employed person.

• (3) The maximum number of weeks of benefits that may be paid to the self-employed person under section 152.05 of the Act shall not be greater than the maximum number of weeks for which benefits may be paid under paragraph 152.14(1)(b) of the Act less the number of weeks of provincial benefits that are paid to the provincial applicant, taking into account any weeks of provincial benefits that are paid at the accelerated rate referred to in subsection 76.4(3), if applicable.

76.43 A self-employed person who has ceased to reside in a province that has a plan established under a provincial law and who entered into an agreement under section 152.02 of the Act within 12 months before the day on which they ceased to reside in the province or within three months after that day is deemed, in order to qualify for the benefits payable under sections 152.04 and 152.05 of the Act, to have satisfied the condition set out in paragraph 152.07(1)(a) of the Act if they were covered by that plan during the 12 months before the day on which they ceased to reside in the province.

76.44 A self-employed person’s social insurance number shall be used for the purpose of facilitating the exchange, between the Government of Canada and a province, of information obtained with respect to a self-employed person under provincial law or the Act.

76.45 The Canada Revenue Agency and the Minister of National Revenue are authorized to disclose to a province that has a plan established under a provincial law information necessary for the administration of this Part that has been obtained by that Agency or that Minister under the Act or these Regulations and any information prepared from that information.