Week of Unemployment

Questions to Answer
Does claimant have a week of unemployment? Is claimant working a full working week?
References
Act: section 11 Regulations: sections 29, 30, 31, 32
Legal test
Definition of a week of unemployment - subsection 11(1) of the Act: a week in which the claimant does not work a full working week: Self-employed, business operators or persons who control their own working hours - subsection 30(1) of the Regulations. Depends on minor in extent: section 30(2) of the Regulations Criteria for minor in extent: subsection 30(3) of the Regulations time spent by claimant on business capital and resources invested in the business financial success or failure of the enterprise continuity of business nature of business as it relates to claimant's ordinary occupation or trade willingness of the claimant to seek and accept other employment. Employed persons: Comparison of hours or shifts or days: Regulations section 31 Other situations: Regulations section 29 If no services performed (continuing contract, deferred salary leave, compensatory leave): Act subsections 11(2), 11(3), 11(4)
Onus of proof
First and foremost, a *claimant* must prove he/she has a week of unemployment. Act section 9.
Key Case Law
ALAIE A-682-02, LAZAR A-245-97: Co-adventure with spouse - consideration of minor in extent. FRIDMAN A-364-02, MORETTO A-667-96: Self-employed as owner/manager. MAGEE A-1085-92: Considers the point at which the business has developed beyond "minor in extent". CHILDS A-418-97, MIAZGA A-698-95: Minor in extent - analysis of the "time spent" factor. GAGNON A-477-00, BUCKLEY A-427-99, GAUTHIER A-105-98, BOILY A-144-98, A-146-98, LAPRISE A-1009-90, BERUBE A-986-88: Meaning of volunteer work vs employment. ENDICOTT A-707-94: Ran convenience store and tourist cabins, had operated business while employed full-time elsewhere. D'ASTOLI A-999-96, THIBAULT A-247-96: Claimant holds insurable employment and is also a shareholder in the company - insurability irrelevant. DUGUAY A-75-95: "Lay-days". NEWHOOK A-977-96: Preparing boat for fishing season (fisher on regular claim). TASCHUK A-616-95: Preparing to start a business - spending 25 hours per week. ORAM A-676-93: Deferred salary leave. VIEL A-725-99, CARON-BERNIER A-136-96, DROUIN A-348-96, LEEMING A-416-97: Farming - self employment vs investment. PANCHO FARM - HAZLMERE GREENHOUSES (several appellants) KUMAR A-278-95, DHILLON A-444-95: Week of unemployment - greenhouse/farm workers. DION A-531-01: Articling law student working 35 hours per week is working a full working week pursuant to section 31 of the EI Regulations. OSANIC A-195-97: Self-employment: operating a law firm. DI PIERRO A-21-95, ST-GELAIS A-141-98: Considers "full working week" provisions either under UI Regulations sections 43 or 44 (now EI Regulations sections 30 and 31). ALLAIN A-38-98, SAVARIE A-679-95: Whether spouse's involvement in the business becomes one of a benevolent nature when there is no income. SGRO A-436-97: President of a company - minor in extent factors, investment vs employment considered. VACHON A-282-98: Commission sales - controlling own working hours. CHARBONNEAU A-699-02: Paragraph 30(3)(a) the “time factor” and (f) the “intention and willingness” factor are of the utmost important of all the factors listed in subsection 30(3) of the EI Regulations.