The legislation bestows upon the Commission the power to make regulations which define and determine earnings for benefit purposes; which determine the amount of those earnings; and, which provide for the allocation of those earnings to weeks or other periods.
Paragraph 54(s) Employment Insurance Act
Sections 35 and 36 Employment Insurance Regulations
Generally, the earnings to be taken into account for the purpose of determining whether an interruption of earnings has occurred and the amount to be deducted from benefits payable under the legislation, are the entire income of a claimant arising out of any employment.
Subsection 35(2) Employment Insurance Regulations
Employment is defined as
(a) any employment, whether insurable, not insurable or excluded employment, under any express or implied contract of service or other contract of employment,
(i) whether or not services are or will be provided by a claimant to any other person, and
(ii) whether or not income received by the claimant is from a person other than the person to whom services are or will be provided;
(b) any self-employment, whether on the claimant's own account or in partnership or co-adventure; and
(c) the tenure of an office as defined in subsection 2(1) of the Canada Pension Plan
Subsection 35(1) Employment Insurance Regulations
Income is defined as any pecuniary or non-pecuniary income that is or will be received by a claimant from an employer or any other person, including a trustee in bankruptcy.
Subsection 35(1) Employment Insurance Regulations
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2009-05-05