Summary of Issue: Definition

Decision A-0221.04 Full Text of Decision A-0221.04

The Commission found that the earnings received by the claimant from his greenhouse were farming income and applied subsection 35(10) of the EIR. The Umpire had concluded that the claimant's activities did not constitute farming as the issue of farming had not been raised. The FCA stated that the issue of farming was not properly before the Umpire. The Court concluded that Umpire could not raise on his own the issue of farming. This was a breach of procedural fairness.

Decision 59956 Full Text of Decision 59956

Refer to summary indexed under FCA A-0221.04

Decision 43373 Full Text of Decision 43373

Claimant admits to owning the farm, on a 50% basis with his son and it is the claimant's 50% partner who decides on how the farm is operated and the claimant benefited from this operation. He states that one cannot be self-employed if one has no knowledge or control. Umpire concluded that one can be self-employed and not have control or knowledge of the business. The claimant being self-employed allowed his son to control the operation of the business. The income received by the claimant from the farm operation is income pursuant to the Act.

Decision A-0416.97 Full Text of Decision A-0416.97

The FCA found no reviewable error on the part of the Umpire. The facts support the conclusion that the claimant was an investor and not self-employed within the meaning of the Reg. Case distinguishable from Caron Bernier (A-0136.96).**NOTE: For more information on the facts, refer to CUB 37627.

Decision 37627 Full Text of Decision 37627

Claimant owns 50% of the farm. Employed full-time away from the farm and she puts in an insignificant amount of time (12 hrs/year) doing the farm's books. Umpire stated that the claimant, although part-owner in title of a farm, is not self-employed in farmings and does not work on the farm on a regular basis. He did not find that the claimant's involvement in the farm is of such an extent so as to be considered self-employment in farming within the meaning of par. 57(6)(b). Her activities vis-a-vis the farm are that of a concerned investor.**NOTE: The Commission has appealed to the F.C. The claimant is self-employed and however minimal the claimant's participation is in the farming operation, she is subject to an allocation of part of the farming income.

Decision A-0182.96 Full Text of Decision A-0182.96

The claimant, who was the sole proprietor of the woodlands from which the wood that was sold came, alleged that he was unable to cut wood because of a partial disability, and was assisted by his uncle and his son. Also alleged that he had given the wood to his son and did not receive any profit from it. The BOR found that the claimant participated in the operations to the best of his capacities and had to be regarded as a self-employed person, and that the gains he realized had value as earnings and should have been declared. A straight case of assessment of fact, and both the Umpire and the FCA refused to intervene.

Decision A-1428.92 Full Text of Decision A-1428.92

Held that the definitions found in s.16 of the Regulations, since they were enacted strictly for the purpose of this section, cannot be relied upon to determine whether income results from employment within the meaning of s. 57 of the Regulations. Holding 40% of the shares in the business with her husband, part of the income derived from the maple grove and from the sales and purchases of cattle has been attributed to her. Held that it is impossible to say that the Board's decision is based on an error of law or on unreasonnable conclusions.

Decision 21835 Full Text of Decision 21835

Refer to: A-1428.92

Decision 20398 Full Text of Decision 20398

English and French text of ss. 57(6) differ. The English version uses the more limited concept "farming" while the French speaks of "l'agriculture". Lack of parrallelism with s. 16. No doubt that s. 16 is not relevant. "Farming" is closer to the purpose of ss. 57(6). The operation of a greenhouse for the purpose of growing herbs for sale to local restaurants is much closer to a wholesale retail business than to a farming operation.

Decision 20266 Full Text of Decision 20266

Farming (or its French equivalent "agriculture") includes cattle breeding. It must therefore be concluded that the claimant is a farmer under the Act.

Decision 14085 Full Text of Decision 14085

Raising chickens and producing eggs is farming operation according to Office du crédit agricole. Can look to definition in Reg. 16(2)(g) even though for other purposes. Farming takes in more than clearing land.

Decision 13429 Full Text of Decision 13429

The CEIC argues that moneys earned from the sale of milk fell squarely within reg. 57(6)(b), regardless of whether claimant's self-employment was major or minor in extent [p. 8]. I accept that reg. 57(6)(b) makes no differentiation between major and minor self-employment. [p. 9]

Decision 12219 Full Text of Decision 12219

Cash purchase tickets or Wheat Board Advance Payments in Saskatchewan. No other details.

Decision 09674 Full Text of Decision 09674

Contrary to board's decision, income from sale of piglets was income from self-employment in farming within meaning of Reg. 57(6)(b) and must be allocated under 58(7).