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

14 (1) For the purposes of the Act, these Regulations and the Employment Insurance Regulations, “labour dispute”, in relation to fishers, includes any dispute between employers of fishers and fishers, or between fishers and other fishers, that is connected with the unit price on the basis of which the proceeds from the sale of a catch are calculated.

(2) Subject to subsection (3), where a labour dispute arises concerning the unit price on the basis of which the proceeds from the sale of a catch are calculated or concerning any other matter affecting a type of fishing generally and, as a consequence, a particular type of fishing is not begun or does not continue, subsection 36(1) of the Act applies in such a manner that any fisher who had any insured earnings from fishing during one of the following periods is deemed to be an insured person who has lost their employment by reason of a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the person was employed:

• (a) the six week period that began on the Sunday preceding the day and month that are one year before the day and month on which the stoppage of work began; or

• (b) the six week period that preceded the Sunday before the day on which the stoppage of work began.

(3) A fisher who provides proof of one of the following is not deemed to be an insured person referred to in subsection (2):

• (a) during the periods described in paragraphs (2)(a) and (b), the fisher was not engaged in employment in the particular type of fishing affected by the labour dispute;

• (b) at the time the stoppage of work began and during the six weeks preceding the stoppage, the fisher was regularly engaged in an insurable employment other than fishing;

• (c) at the time the stoppage of work began and during the six weeks following the beginning of the stoppage, the fisher was regularly engaged in an insurable employment other than fishing or in a type of fishing that was not affected by the labour dispute; or

• (d) the fisher was not participating in or financing or directly interested in the labour dispute.

(4) Subsections 36(4) and (5) of the Act do not apply to a fisher referred to in subsections (2) and (3).