Employment Insurance Regulations

9.003 (1) A type of employment is

• (a) in respect of a claimant who was paid less than 36 weeks of regular benefits in the 260 weeks before the beginning of their benefit period and who, according to their income tax returns for which notices of assessment have been sent by the Canada Revenue Agency, paid at least 30% of the maximum annual employee’s premium in 7 of the 10 years before the beginning of their benefit period or, if their income tax return for the year before the beginning of their benefit period has not yet been filed or a notice of assessment for that year has not yet been sent by that Agency, in 7 of the 10 years before that year,

  • (i) during the first 18 weeks of the benefit period, the same occupation, and

  • (ii) after the 18th week of the benefit period, a similar occupation;

• (b) in respect of a claimant who was paid more than 60 weeks of regular benefits in at least three benefit periods in the 260 weeks before the beginning of their benefit period,

  • (i) during the first six weeks of the benefit period, a similar occupation, and

  • (ii) after the sixth week of the benefit period, any occupation in which the claimant is qualified to work; and

• (c) in respect of a claimant to whom neither paragraph (a) nor (b) applies,

  • (i) during the first six weeks of the benefit period, the same occupation,

  • (ii) after the sixth week and until the 18th week of the benefit period, a similar occupation, and

  • (iii) after the 18th week of the benefit period, any occupation in which the claimant is qualified to work.

(2) For the purposes of this section,

• (a) same occupation means any occupation in which the claimant worked during their qualifying period;

• (b) similar occupation means any occupation in which the claimant is qualified to work and which entails duties that are comparable to the ones that the claimant had during their qualifying period; and

• (c) occupation in which the claimant is qualified to work includes an occupation in which the claimant could become qualified to work through on-the-job training.

(3) In the counting of weeks referred to in subsection (1) and section 9.004, account shall be taken only of the waiting period, of any week in respect of which regular benefits are paid to the claimant and of any week of disqualification referred to in subsection 28(1) of the Act.