Employment Insurance Regulations (SOR/96-332)

76.09 (1) Subject to subsection (2), every claimant is disentitled to be paid benefits under section 22 or 23 of the Act if they are entitled to receive provincial benefits under a provincial plan.

(2) Subsection (1) does not apply if, at the request of the claimant, it is determined by the Commission that the amount of provincial benefits the claimant is entitled to receive under the provincial plan is not substantially equivalent to or greater than the amount of benefits that they are entitled to receive under section 22 or 23 of the Act.

(3) Every claimant who has received, or has applied for and is entitled to receive, provincial benefits under a provincial plan in respect of any week is disentitled to be paid benefits in respect of that same week under

• (a) Part I of the Act, other than benefits under section 22 or 23 of the Act; or

• (b) the Employment Insurance (Fishing) Regulations.

(4) For greater certainty, subsections (1) to (3) apply in respect of a claimant who has applied for and is entitled to receive provincial benefits under a provincial plan even if the claimant, after making that application, ceases to reside in the province where that plan was established.

(5) For greater certainty, if two persons are caring for the same child or children and one of them is a claimant referred to in subsection (4),

• (a) subsections (1) to (3) apply in respect of the other person if that other person is an insured person; and

• (b) subsections 76.36(1) to (3) apply in respect of the other person if that other person is a self-employed person.