Employment Insurance Regulations (SOR/96-332)

• 10.01 (1) If a person is required under their contract of employment to be available for a certain period awaiting a request from their employer to work, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours at a rate equivalent or superior to the remuneration that would be paid if the person had actually worked during that period.

• (2) Despite subsection (1), if a person is required by their employer under their contract of employment to be present at the employer's premises for a certain period in case their services are required, the hours during that period are deemed to be hours of insurable employment if the person is paid for those hours.

• 10.1 (1) Where an insured person is remunerated by the employer for a period of paid leave, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked and for which the person would normally have been remunerated during that period.

• (2) Where an insured person is remunerated by the employer for a period of leave in the form of a lump sum payment calculated without regard to the length of the period of leave, the person is deemed to have worked in insurable employment for the lesser of

  • (a) the number of hours that the person would normally have worked and for which the person would normally have been remunerated during the period, and

  • (b) the number of hours obtained by dividing the lump sum amount by the normal hourly rate of pay.

• (3) Where an insured person is remunerated by the employer for a non-working day and

  • (a) works on that day, the person is deemed to have worked in insurable employment for the greater of the number of hours that the person actually worked and the number of hours that the person would normally have worked on that day; and

  • (b) does not work on that day, the person is deemed to have worked in insurable employment for the number of hours that the person would normally have worked on that day.

10.11 For the purpose of section 10.1, the amounts that are excluded from an insured person’s earnings from insurable employment by subsection 2(3) of the Insurable Earnings and Collection of Premiums Regulations shall not be taken into account in determining the person’s hours of insurable employment.

10.2 For the purposes of sections 9.1, 10, 10.01, 10.1 and 22,

• (a) an hour of work performed in insurable employment is considered to be a single hour of insurable employment, even if the hour is remunerated at an overtime rate of pay; and

• (b) if the addition of hours of insurable employment falling between the first day and the last day worked in a given period of employment results in a total number of hours that contains a fraction of an hour, the fraction shall be counted as a whole hour.