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

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.