9. (1) Subject to subsections (2) to (6), section 31 of the Employment Insurance Regulations does not apply to persons who are claimants under these Regulations.

(2) A claimant who is a self-employed person engaged mainly in fishing, whether it is an insurable employment or not, or who operates a business in fishing on the claimant’s own account or in a partnership or co-adventure in fishing, or a claimant who is mainly employed in fishing, whether it is an insurable employment or not, in an employment in which the claimant controls the claimant’s working hours, shall not be regarded as unemployed during any period in respect of which the claimant remains so engaged or employed.

(3) A fisher is unemployed and available for work in respect of the fisher’s employment, engagement or operation of a business in fishing, whether it is an insurable employment or not, during the benefit periods referred to in subsection 8(11).

(4) Notwithstanding subsection (3), where a fisher is offered and refuses suitable employment in fishing without good cause, the fisher shall be disqualified from receiving benefits, other than special benefits, for a number of weeks that is not less than 7 or more than 12.

(5) Subsections 28(2) and (5) to (7) of the Act are applicable for the purposes of subsection (4).

(6) For the purposes of this section, a person who is ordinarily a fisher does not cease to be a fisher while engaged in any of the incidental work referred to in the definition “fisher” in subsection 1(1), even though the person is not engaged in making an actual catch during that time.

10. (1) For the purposes of section 19 of the Act, the determination and allocation of earnings of a person who is claiming benefits under these Regulations shall be made in accordance with subsections (2) to (4).

(2) Where a claimant under these Regulations has any earnings from an employment in fishing under a contract of service, whether it is an insurable employment or not, or has any earnings other than from an employment in fishing, the claimant’s total earnings shall be determined in accordance with section 35 of the Employment Insurance Regulations and allocated in accordance with section 36 of those Regulations.

(3) The earnings determined in accordance with subsection 5(2) or (3) shall

• (a) in the case of earnings from a catch consisting of fish other than cured fish, be allocated equally to each day of the fishing trip; and

• (b) in the case of earnings from a catch consisting of cured fish, be allocated to the week of delivery of the catch.

(4) For the purposes of subsection 19(3) of the Act, the period referred to in that subsection is the period in respect of which earnings are allocated under paragraph (3)(a) or (b) of this section.

11. (1) Notwithstanding subsections 7.1(1) to (3), (6) and (7) of the Act, the amount of insurable earnings that an insured person, other than a new entrant or re-entrant to the labour force, requires under section 8 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection where the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits.

(2) The amount of insurable earnings that an insured person who is a new entrant or re-entrant to the labour force requires under section 8 to qualify for benefits is increased where, in the 260 weeks before making an initial claim for benefits, the person accumulates

• (a) a minor violation, in which case the amount is increased to $6,875;

• (b) a serious violation, in which case the amount is increased to $8,250; or

• (c) a very serious violation, in which case the amount is increased to $8,400.

(3) A violation shall not be taken into account under subsection (1) or (2) in more than two initial claims for benefits if the claimant qualified for benefits with the increased amount of insurable earnings in respect of each of those claims.

(4) The value of a violation is the aggregate of

• (a) the amount of the overpayment of benefits resulting from the act or omission on which the violation is based, and

• (b) if the claimant is disqualified or disentitled from receiving benefits, or the act or omission on which the violation is based relates to qualification requirements under section 8, the amount determined, subject to subsection (5), by multiplying the claimant’s rate of weekly benefits by the average number of weeks of regular benefits, as determined under section 13 of the Employment Insurance Regulations.

(5) The maximum amount to be determined under paragraph (4)(b) is the amount of benefits that would have been paid to the claimant if the claimant had not been disentitled or disqualified or had met the qualification requirements under section 8.