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Employment Insurance (EI) and self-employed, farmers and independent workers
Are you self-employed?
You are self-employed and are considered working a
full working week if:
- you work alone as an independent worker or contractor,
- you operate a business, also applies to farming, on your own account,
- you control your own hours of work,
- you are in a partnership or are a co-adventurer.
If you are self-employed, you are not being employed by someone else under a
contract of service and having an employer-employee relationship. When there is an employer-employee relationship, a verbal or written agreement exists by which an employee agrees to work, full time or part time, for an employer for a specified or indefinite period of time, in return for salary or wages. The employer decides where, when and how the work will be done, meaning there is a contract of service.
Ruling on employment insurability is the responsibility of the Canada Revenue Agency (CRA). For specific information on whether certain types of work are insurable, please consult
Employee or Self-Employed or contact the
CRA directly.
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Types of self-employment
The
Income Tax Act of the CRA defines a business and other related arrangements. Here are some types of self-employment that are not usually insured under the EI Program.
- A self-employed worker is an independent worker who contracts services to companies or individuals, controls his or her own working hours and usually does not own the business.
- A sole owner directs all the activities of the business, assumes all authorities and obligations, and is personally liable for its business debts. A sole owner may hire someone to run the operation.
- A partner pools resources with one or more people to operate a business for profit. Partners are jointly liable for the partnership's obligations and debts.
- A co-adventurer in a business, regardless of the legal form of the business, has an interest in it with others and is involved personally in activities deemed necessary for its operation. It makes no difference whether the business is registered or incorporated. This interest in the business can take many forms, from money given or invested to an expectation of gaining from the profits.
In a corporation or limited company, a person who controls more than 40% of the voting shares is not necessarily self-employed, but is still considered uninsurable under the EI Act.
If you are not sure of your status as a self-employed person or if you need more information, you should contact your
Service Canada Centre or the
CRA .
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