Employment Insurance Regulations - Insurable Employment

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2. (1)  Employment in Canada by Her Majesty in right of a province that would, except for paragraph 5(2)(c) of the Act, be insurable employment is included in insurable employment if the government of the province enters into an agreement with the Commission whereby that government agrees to waive exclusion and to insure all its employees engaged in such employment.

     (2)  For greater certainty, employment in Canada by Her Majesty in right of a province, for the purposes of subsection (1), includes only employment in Canada of employees who are appointed and remunerated under an Act governing that province's public service, or who are employed in Canada by a corporation, commission or other body that is an agent of Her Majesty in right of the province.

     3. (1)  Employment in Canada by the government of a country other than Canada or of any political subdivision of that other country, or by an international organization, that would, except for paragraphs 5(2)(d) and (e) of the Act, be insurable employment, may be included in insurable employment if the employing government or the international organization, as the case may be, consents in writing to its inclusion.

     (2)  Where a consent has been given pursuant to the Unemployment Insurance Regulations, as they read immediately before June 30, 1996, and has not been revoked, it shall be considered to be a consent referred to in subsection (1).

4.  Employment on a ship outside Canada or partly outside Canada that would be insurable employment if it were in Canada is included in insurable employment if that employment is

(a) on a ship of Canadian registry or licence, except where that ship is regularly employed in voyages between ports outside Canada and has been chartered to a person resident outside Canada; or

(b) on a ship, other than a ship of Canadian registry or licence, where

(i) the ship has been chartered to a person resident in Canada and is regularly employed in voyages from a port in Canada,

(ii) the operation of the ship is principally controlled in Canada and regularly employed in voyages from a port in Canada and the owner or managing owner of the ship resides or has a place of business in Canada, or

(iii) any employment on that ship is subject to the provisions of the Act by virtue of an agreement between the Government of Canada and the government of the jurisdiction in which that ship is registered.

     5.  Employment outside Canada, other than employment on a ship described in section 4, is included in insurable employment if

(a) the person so employed ordinarily resides in Canada;

(b) that employment is outside Canada or partly outside Canada by an employer who is resident or has a place of business in Canada;

(c) the employment would be insurable employment if it were in Canada; and

(d) the employment is not insurable employment under the laws of the country in which it takes place.

     6.  Employment in any of the following employments, unless it is excluded from insurable employment by any provision of these Regulations, is included in insurable employment:

(a) employment of a union member by the member's union in conducting union business, other than picketing in a labour dispute;

(b) employment of a person as an apprentice or trainee, notwithstanding that the person does not perform any services for their employer;

(c) employment of a person as a member of the clergy or as a member of a religious order;

(d) employment of a person in a barbering or hairdressing establishment, where the person

(i) provides any of the services that are normally provided in such an establishment, and

(ii) is not the owner or operator of the establishment;

(e) employment of a person as a driver of a taxi, commercial bus, school bus or any other vehicle that is used by a business or public authority for carrying passengers, where the person is not the owner of more than 50 per cent of the vehicle or the owner or operator of the business or the operator of the public authority;

(f) employment of a person who holds an office, as defined in subsection 2(1) of the Canada Pension Plan,

(i) in or under any department or other portion of the public service of Canada set out in Schedule I to the Public Service Staff Relations Act or Schedule II or III to the Financial Administration Act,

(ii) where the person is appointed and remunerated under an Act governing the public service of a province, the government of which has, pursuant to subsection 2(1), agreed to insure all of its employees,

(iii) where the person holds the office in or under a corporation, commission or other body that is an agent of Her Majesty in right of a province referred to in subparagraph (ii), or

(iv) where the person holds the office in a union or an association of unions to which the person was elected by popular vote, or was elected or appointed to that office in the union or association in a representative capacity, and that employment is not included in insurable employment by paragraph (a); and

(g) employment of a person who is placed in that employment by a placement or employment agency to perform services for and under the direction and control of a client of the agency, where that person is remunerated by the agency for the performance of those services. SOR/97-31, s. 1.