The claimant cannot show that he is not self-employed in agriculture. This is based on the assumption that the farm is his principal means of livelihood. He works for a forestry firm in the fall and the winter and returns to his farm in May. He produced documentation proving that he was looking for employment during the summer months. He seemed to have targeted the same firms that hire him in the fall and in the winter.

The Employment Insurance Commission believes he is not unemployed during the farming season, as per section 30(1) of the Regulations.

The Board therefore upholds the EIC's decision and unanimously denies the appeal [TRANSLATION].

30. (1) Subject to subsections (2) and (4), where during any week a claimant is self-employed or engaged in the operation of a business on the claimant's own account or in a partnership or co-adventure, or is employed in any other employment in which the claimant controls their working hours, the claimant is considered to have worked a full working week during that week.

(2) Where a claimant is employed or engaged in the operation of a business as described in subsection (1) to such a minor extent that a person would not normally rely on that employment or engagement as a principal means of livelihood, the claimant is, in respect of that employment or engagement, not regarded as working a full working week.

(3) The circumstances to be considered in determining whether the claimant's employment or engagement in the operation of a business is of the minor extent described in subsection (2) are
(a) the time spent;

(b) the nature and amount of the capital and resources invested;

(c) the financial success or failure of the employment or business;

(d) the continuity of the employment or business;

(e) the nature of the employment or business; and
(f) the claimant's intention and willingness to seek and immediately accept alternate employment.

(4) Where a claimant is employed in farming and subsection (2) does not apply to that employment, the claimant shall not be considered to have worked a full working week at any time during the period that begins with the week in which October 1st falls and ends with the week in which the following March 31 falls, if the claimant proves that during that period
(a) the claimant did not work; or
(b) the claimant was employed to such a minor extent that it would not have prevented the claimant from accepting full-time employment.

In this respect, the situation is no different from that of a farmer who hires one or several men to help him, and no one concludes that a farmer who has employees do most of his work does not consider his farm as his principal means of livelihood (CUB 8064, p. 8) [TRANSLATION].