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

Regulations are current to 2022-07-13 and last amended on 2021-09-26. Previous Versions

Benefit Period and Rate of Weekly Benefits (continued)

Rate of Weekly Benefits

 For the purposes of calculating a fisher’s rate of weekly benefits,

  • (a) the fisher’s weekly insurable earnings shall be determined by

    • (i) dividing their earnings from employment as a fisher in the qualifying period by the divisor set out in the table to subsection 8.2(1) opposite the applicable regional rate of unemployment, and

    • (ii) adding to the quotient determined in accordance with subparagraph (i) their weekly insurable earnings from employment in the rate calculation period, other than employment as a fisher, not including earnings from any employment that was lost for reasons of misconduct or that was left voluntarily without just cause; and

  • (b) the fisher’s maximum weekly insurable earnings are the maximum yearly insurable earnings as calculated in accordance with section 4 of the Act divided by 52.

  • SOR/2013-32, s. 4
  •  (1) A fisher’s weekly insurable earnings from employment in the rate calculation period, other than employment as a fisher, are their insurable earnings in the rate calculation period, including those from insurable employment that has not ended, divided by the larger of the following divisors:

    • (a) the divisor that equals the number of weeks during the rate calculation period in which the fisher had insurable earnings, and

    • (b) the divisor set out in the table to this subsection opposite the applicable regional rate of unemployment.

    TABLE

    Regional Rate of UnemploymentDivisor
    not more than 6%22
    more than 6% but not more than 7%21
    more than 7% but not more than 8%20
    more than 8% but not more than 9%19
    more than 9% but not more than 10%18
    more than 10% but not more than 11%17
    more than 11% but not more than 12%16
    more than 12% but not more than 13%15
    more than 13%14
  • (2) The rate calculation period is the period of 26 consecutive weeks in the fisher’s qualifying period — not taking into account weeks relating to employment in the labour force, within the meaning of section 8.3 — ending with the later of

    • (a) the week

      • (i) before the fisher’s benefit period begins, if it begins on the Sunday of the week in which their last interruption of earnings from employment, other than employment as a fisher, occurs, or

      • (ii) in which the fisher’s last interruption of earnings from employment, other than employment as a fisher, occurs, if their benefit period begins on the Sunday of a week that is after the week in which that last interruption of earnings occurs, and

    • (b) the week before the fisher’s benefit period begins, if they have an insurable employment at the beginning of that period.

  • (3) However, if the fisher’s qualifying period begins less than 26 weeks before the week with which the rate calculation period ends, the fisher’s rate calculation period is the period beginning the first day of the fisher’s qualifying period and ending the last day of that week.

  • SOR/2013-32, s. 4

 A week relating to employment in the labour force is a week in which the fisher has no insurable earnings and is

  • (a) a week in respect of which the fisher has received or will receive

    • (i) workers’ compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers’ compensation payments,

    • (ii) under a wage-loss indemnity plan, any earnings by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 23(1) of the Act,

    • (iii) indemnity payments referred to in paragraph 35(2)(f) of the Employment Insurance Regulations, or

    • (iv) earnings because of which, under section 19 of the Act, no benefits are payable to the fisher;

  • (b) a week in which the fisher was

    • (i) attending a course or program of instruction or training to which the fisher was referred by the Commission or by an authority designated by the Commission,

    • (ii) employed under the Self-employment employment benefit or the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act,

    • (iii) prevented from establishing an interruption of earnings by virtue of the allocation of earnings in accordance with section 36 of the Employment Insurance Regulations,

    • (iv) serving a week of the waiting period, or

    • (v) serving a week of disqualification under section 28 of the Act or disqualified under section 30 of the Act for a week of unemployment for which benefits would otherwise have been payable to the fisher;

  • (c) a week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the fisher was employed; or

  • (d) a week in respect of which benefits have been paid or were payable to the fisher, including a week in respect of which provincial benefits within the meaning of Part III.1 or III.2 of the Employment Insurance Regulations have been paid to the fisher.

  • SOR/2013-32, s. 4

Unemployment of Fishers

  •  (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.

Determination and Allocation of Earnings in Periods of Unemployment

  •  (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.

Increase in Required Insurable Earnings

  •  (1) Despite subsections 7.1(1) to (2.1), (6) and (7) of the Act, the amount of insurable earnings that an insured person requires under section 8 or 12 to qualify for benefits is increased to the amount set out in the applicable column of the table to this subsection if the insured person accumulates one or more violations in the 260 weeks before making an initial claim for benefits.

    TABLE

    Column 1Column 2Column 3Column 4
    ItemMinor Violation ($)Serious Violation ($)Very Serious Violation ($)Subsequent Violation ($)
    13,2003,8004,3505,100
  • (2) [Repealed, SOR/2016-206, s. 14]

  • (3) A violation shall not be taken into account under subsection (1) in more than two initial claims for benefits under these Regulations or Part I or VII.1 of the Act 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.

  • (6) A violation accumulated by an individual under section 7.1 or 152.07 of the Act is considered to be a violation for the purposes of this section on the day on which the notice of violation was given to the individual.

Alternate Access to Special Benefits

[
  • SOR/2000-394, s. 3
  • SOR/2001-74, s. 3
]
  •  (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 $2,500 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 at least $2,500; 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.

  • SOR/2000-394, s. 4
  • SOR/2001-74, s. 4
  • 2003, c. 15, s. 24
  • SOR/2013-27, s. 1
  • SOR/2013-103, s. 2
  • SOR/2014-215, s. 1
  • SOR/2016-206, s. 15
  • SOR/2017-227, s. 2
  • 2021, c. 23, s. 355

Conversion

  •  (1) Where a fisher is claiming benefits under the Employment Insurance Regulations, the following provisions apply:

    • (a) earnings from employment as a fisher shall be converted

      • (i) to hours of insurable employment as a fisher by dividing those earnings in the qualifying period by the minimum wage, or

      • (ii) to weeks of insurable employment as a fisher by dividing those earnings in the qualifying period by the product of the minimum wage multiplied by 35;

    • (b) if the date of delivery of a catch falls within the qualifying period described in section 8 of the Act, the earnings of the fisher from employment as a fisher, as determined in accordance with subsections 5(2) and (3), shall be allocated equally to each day of the fishing trip; and

    • (c) the earnings allocated under paragraph (b) to any day falling within the qualifying period are deemed, for the purposes of subsection 14(2) of the Act, to be insurable earnings in the calculation period but are not to be used to determine the calculation period under subsection 14(4) of the Act.

  • (2) [Repealed, SOR/2016-206, s. 16]

  • (3) The calculation set out in paragraph (1)(a) shall be used when it is necessary, for the purposes of the Act or any regulations made under the Act, to convert earnings to hours or weeks.

  • 2013, c. 40, s. 157
  • SOR/2013-32, s. 5
  • SOR/2016-206, s. 16

Labour Disputes

  •  (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).

 
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