Employment Insurance (Fishing) Regulations (SOR/96-445)

12 (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $3,760 of insurable earnings from employment as a fisher in their qualifying period.

(2) Notwithstanding paragraphs 8(2)(b) and (7)(b), when an insured person who qualifies under subsection (1) makes an initial claim for benefits, a benefit period shall be established for the person and, once it is established, special benefits are payable to the person in accordance with this section for each week of unemployment that falls in the benefit period.

(3) Subject to subsection (4), sections 22 to 23.3 of the Act apply to the payment of special benefits under this section.

(4) Notwithstanding section 18 of the Act, a claimant is not entitled to be paid special benefits for a working day, in a benefit period established under this section, in respect of which the claimant fails to prove that on that day the claimant was

• (a) unable to work because of an illness, injury or quarantine referred to in subsection 40(4) or (5) of the Employment Insurance Regulations and that the claimant would otherwise be available for work; or

• (b) entitled to benefits under any of sections 22 to 23.3 of the Act.

(4.1) A fisher to whom benefits are payable under any of sections 23 to 23.3 of the Act and whose claim for benefits because of illness, injury or quarantine is made for a week that begins on or after the day on which this subsection comes into force is not disentitled under paragraph (4)(a) for failing to prove that they would have been available for work were it not for the illness, injury or quarantine.

(5) Subject to section 18 of the Act, regular benefits and additional special benefits are payable for a week of unemployment to a claimant who has received special benefits under this section where

• (a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are equal to or exceed the applicable amount of insurable earnings in employment as a fisher set out in the schedule, determined by reference to the week in which the benefit period began; and

• (b) pursuant to Part VIII of the Act, any regular benefits or additional special benefits are payable in that benefit period, based on the claimant’s insurable earnings from employment as a fisher in the claimant’s qualifying period.

(6) Except as otherwise provided in this section, the provisions of the Act and these Regulations apply to claimants claiming benefits under this section.