11. (1) Where an insured person is employed on a full-time basis for and remunerated for less than 35 hours per week in an occupation in which the maximum number of hours of full-time work per week is limited by federal or provincial statutes or regulations made under those statutes to less than 35 hours, the insured person is deemed to be employed in insurable employment for 35 hours per week.
(2) Subject to section 10,
(a) an insured person who is a member of the Canadian Forces on full-time service or of a police force and is required to be available on standby outside of their regularly scheduled hours of work is deemed to be employed in insurable employment for 35 hours per week; and
(b) an insured person who is a member of the reserve force and is paid the rate of pay for
(i) each period of duty or training of less than 6 hours is deemed to be employed in insurable employment for 3 1/2 hours per period, or
(ii) each period of duty or training of not less than 6 hours and not more than 24 hours is deemed to be employed in insurable employment for 7 hours per period
to a maximum of 35 hours of insurable employment per week.
- SOR/97-310, s. 3.
Adjustment of Amount of Self-employed Earnings
11.1 (1) The amount of self-employed earnings referred to in subparagraph 152.07(1)(d)(i) of the Act shall be adjusted annually on a compound basis, beginning on January 1, 2012, by the ratio referred to in paragraph 4(2)(b) of the Act.
(2) If the ratio referred to in subsection (1) is less than 1.0 and would result in an adjusted amount of less than $6,000, the ratio is deemed to be 1.0.
(3) If the adjusted amount calculated in accordance with subsections (1) and (2) is not a multiple of one dollar, that amount shall be rounded down to the nearest dollar.
- SOR/2010-10, s. 4.
Hours that Relate to Employment in the Labour Force
12. (1) For the purposes of paragraph 7(4)(c) of the Act, the number of prescribed hours for any of the following weeks is 35 hours:
(a) a week in respect of which a claimant has received or will receive
(i) workers' compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers' compensation payments,
(ii) under a wage-loss indemnity plan, any earnings by reason of illness, injury or quarantine, pregnancy, the care of a child or children referred to in subsection 23(1) of the Act or the care or support of a family member referred to in subsection 23.1(2) of the Act or of a critically ill child,
(iii) indemnity payments referred to in paragraph 35(2)(f),
(iv) earnings because of which, pursuant to section 19 of the Act, no benefits are payable to the claimant, or
(v) an income support grant payment under the Atlantic Groundfish Strategy, other than a grant payment to provide support for an early retirement;
(b) a week in which the claimant was
(i) attending a course or program of instruction or training to which the claimant was referred by the Commission or by an authority designated by the Commission,
(ii) employed under the Self-employment employment benefit or the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act,
(iii) prevented from establishing an interruption of earnings by virtue of the allocation of earnings pursuant to section 36,
(iv) serving a week of the waiting period, or
(v) serving a week of disqualification under section 28 of the Act or disqualified under section 30 of the Act for a week of unemployment for which benefits would otherwise be payable;
(c) a week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the claimant was employed.
(1.1) [Repealed, SOR/98-424, s. 1]
(2) For the purposes of subsection (1), no week shall be taken into account if it has already been taken into account or if it coincides with a week of benefits paid.
(3) [Repealed, SOR/2013-45, s. 2]
- SOR/97-31, s. 6;
- SOR/97-309, s. 1;
- SOR/97-310, ss. 4, 5;
- SOR/98-1, s. 1;
- SOR/98-424, s. 1;
- SOR/2013-45, s. 2;
- SOR/2013-102, s. 3.
- Date modified: