Employment Insurance Regulations (SOR/96-332)

76.36 (1) Subject to subsection (2), a self-employed person is disentitled to be paid benefits under section 152.04 or 152.05 of the Act if they are entitled to receive provincial benefits.

(2) Subsection (1) does not apply if, at the request of the self-employed person, it is determined by the Commission that the amount of provincial benefits that the self-employed person is entitled to receive is not substantially equivalent to or greater than the amount of benefits that they are entitled to receive under section 152.04 or 152.05 of the Act.

(3) Every self-employed person who has received, or has applied for and is entitled to receive, provincial benefits in respect of any week is disentitled to be paid benefits in respect of that same week under Part VII.1 of the Act, other than benefits under section 152.04 or 152.05 of the Act.

(4) For greater certainty, subsections (1) to (3) apply in respect of a self-employed person who has applied for and is entitled to receive provincial benefits even if the self-employed person, after making that application, ceases to reside in the province providing those benefits.

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

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

• (b) subsections 76.09(1) to (3) apply in respect of the other person if that other person is an insured person.