A-29.011, r. 2 - Regulation under the Act respecting parental insurance

Section 9 Disposition versions

2021-07-15

9. Employment excluded from the plan is

(1)  the employment of a member of a religious order who has taken a vow of poverty and whose remuneration is paid directly or by the member to the order;

(2)  employment in Québec of a Canadian resident by another government or by an international governmental organization, unless that government or international governmental organization agrees to the employment being included;

(3)  employment that constitutes an exchange of work or services;

(4)  employment in agriculture, an agricultural enterprise or horticulture if the person is not regularly employed by the employer in that employment and is employed by that employer for fewer than 7 days in a year;

(5)  employment by the Government of Canada, the government of a province, a municipality, a school service centre or a school board in connection with a referendum or election, if the person is not regularly employed by that employer and is employed by that employer for fewer than 35 hours with respect to such referendum or election;

(6)  employment, other than as an entertainer, in a circus, show, fair, parade, carnival, exposition, exhibition or other like activity, if the person is not regularly employed by the employer in that employment and is employed by that employer for fewer than 7 days in a year;

(7)  employment for the purpose of a rescue operation, if the person is not regularly employed by the employer in that employment and is employed by that employer for fewer than 7 days in a year;

(8)  employment as part of an exchange program, if the employee receives remuneration from an employer not resident in Canada;

(9)  casual employment not performed in the course of the employer’s business or usual trade.

Despite subparagraph 5 or 6 of the first paragraph, employment is included employment from its commencement if the employment is performed for the benefit of a single employer during one or more periods whose total duration exceeds, in the course of a year,

(1)  34 hours, in the case of employment described in subparagraph 5; and

(2)  6 days, in the case of employment described in subparagraph 6.

The following definitions apply for the purposes of subparagraph 4 of the first paragraph:

(1)  “agriculture” means the operations of farming that are carried out for the benefit of any person who is a farmer and, without limiting the generality of the foregoing, includes

(a)  where carried out on a farm

i.  clearing land for cultivation,

ii.  cultivation of the soil,

iii.  conservation of the soil, including the construction, maintenance and operation of tile drainage systems, ditches, canals, reservoirs or waterways exclusively for the purposes of farming,

iv.  harvesting, storing or grading any natural product of farming,

v.  preparing land for the growing and harvesting of wild berries,

vi.  raising bees and producing honey,

vii.  breeding or raising animals or birds, or producing eggs,

viii.  dairy farming and the processing of milk, butter or cheese that is produced on that farm, and

ix.  producing maple sap, maple syrup or maple sugar; and

(b)  where carried out on or off a farm

i.  offering for sale or selling any of the products of the operations described in subparagraphs i to ix of paragraph a, if the offering for sale or selling is incidental to those operations, and

ii.  exhibiting, advertising, assembling, freezing, storing, grading, preparing, processing, packing and transporting the products described in subparagraph i, if those operations are incidental to the offering for sale or selling described in that subparagraph. (agriculture)

(2)  “agricultural enterprise” means the business of agriculture carried on for the benefit of any person who is a farmer. (entreprise agricole)

(3)  “horticulture” means the following operations and includes all the services incidental to the carrying out of those operations, if the services are performed at the place where the operations are carried on:

(a)  the propagating, producing, raising or harvesting of

i.  vegetables, flowers, shrubs or ornamental grasses, and

ii.  seeds, seedlings, grafts or cuttings of vegetables, flowers, shrubs or ornamental grasses; and

(b)  landscape gardening where it is incidental to the carrying out of

i.  any of the operations described in paragraph a, or

ii.  agriculture. (horticulture)

O.C. 986-2005, s. 9; O.C. 841-2007, s. 2; O.C. 816-2021, s. 6.

2012-09-01

9. Employment excluded from the plan is

(1)  the employment of a member of a religious order who has taken a vow of poverty and whose remuneration is paid directly or by the member to the order;

(2)  employment in Québec of a Canadian resident by another government or by an international governmental organization, unless that government or international governmental organization agrees to the employment being included;

(3)  employment that constitutes an exchange of work or services;

(4)  employment in agriculture, an agricultural enterprise or horticulture if the person is not regularly employed by the employer in that employment and is employed by that employer for fewer than 7 days in a year;

(5)  employment by the Government of Canada, the government of a province, a municipality or a school board in connection with a referendum or election, if the person is not regularly employed by that employer and is employed by that employer for fewer than 35 hours with respect to such referendum or election;

(6)  employment, other than as an entertainer, in a circus, show, fair, parade, carnival, exposition, exhibition or other like activity, if the person is not regularly employed by the employer in that employment and is employed by that employer for fewer than 7 days in a year;

(7)  employment for the purpose of a rescue operation, if the person is not regularly employed by the employer in that employment and is employed by that employer for fewer than 7 days in a year;

(8)  employment as part of an exchange program, if the employee receives remuneration from an employer not resident in Canada;

(9)  casual employment not performed in the course of the employer’s business or usual trade.

Despite subparagraph 5 or 6 of the first paragraph, employment is included employment from its commencement if the employment is performed for the benefit of a single employer during one or more periods whose total duration exceeds, in the course of a year,

(1)  34 hours, in the case of employment described in subparagraph 5; and

(2)  6 days, in the case of employment described in subparagraph 6.

The following definitions apply for the purposes of subparagraph 4 of the first paragraph:

(1)  “agriculture” means the operations of farming that are carried out for the benefit of any person who is a farmer and, without limiting the generality of the foregoing, includes

(a)  where carried out on a farm

i.  clearing land for cultivation,

ii.  cultivation of the soil,

iii.  conservation of the soil, including the construction, maintenance and operation of tile drainage systems, ditches, canals, reservoirs or waterways exclusively for the purposes of farming,

iv.  harvesting, storing or grading any natural product of farming,

v.  preparing land for the growing and harvesting of wild berries,

vi.  raising bees and producing honey,

vii.  breeding or raising animals or birds, or producing eggs,

viii.  dairy farming and the processing of milk, butter or cheese that is produced on that farm, and

ix.  producing maple sap, maple syrup or maple sugar; and

(b)  where carried out on or off a farm

i.  offering for sale or selling any of the products of the operations described in subparagraphs i to ix of paragraph a, if the offering for sale or selling is incidental to those operations, and

ii.  exhibiting, advertising, assembling, freezing, storing, grading, preparing, processing, packing and transporting the products described in subparagraph i, if those operations are incidental to the offering for sale or selling described in that subparagraph. (agriculture)

(2)  “agricultural enterprise” means the business of agriculture carried on for the benefit of any person who is a farmer. (entreprise agricole)

(3)  “horticulture” means the following operations and includes all the services incidental to the carrying out of those operations, if the services are performed at the place where the operations are carried on:

(a)  the propagating, producing, raising or harvesting of

i.  vegetables, flowers, shrubs or ornamental grasses, and

ii.  seeds, seedlings, grafts or cuttings of vegetables, flowers, shrubs or ornamental grasses; and

(b)  landscape gardening where it is incidental to the carrying out of

i.  any of the operations described in paragraph a, or

ii.  agriculture. (horticulture)

O.C. 986-2005, s. 9; O.C. 841-2007, s. 2.