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

Regulations are current to 2023-01-11 and last amended on 2022-09-25. Previous Versions

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  • (2) [Repealed, SOR/2016-206, s. 16]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

Adaptations Relating to the Reduction of Premiums for Fishers Covered by a Provincial Plan and for their Employers

 [Repealed, SOR/2016-206, s. 17]

 [Repealed, SOR/2016-206, s. 17]

Extension of Benefit Period

 If the child or children of a fisher who has received or is entitled to receive provincial benefits are hospitalized during the period referred to in subsection 23(2) of the Act, the fisher’s benefit period is considered to be extended under subsection 8(11.2) by the number of weeks during which the child or children are hospitalized.

  • SOR/2006-198, s. 1

 For the purpose of extending a fisher’s benefit period under subsection 8(11.3),

  • (a) a reference in that subsection to benefits paid for one of the reasons mentioned in paragraphs 12(3)(a) and (b) of the Act is considered to include a reference to provincial benefits paid for the same reasons; and

  • (b) the reference in that subsection to “the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks” shall be read as a reference to “the benefit period is extended so that those benefits paid for one of the reasons mentioned in paragraphs 12(3)(c) to (f) may be paid up to the applicable maximum number of weeks established for those reasons”.

  • SOR/2006-198, s. 1
  • SOR/2013-103, s. 3
  • SOR/2017-227, s. 3

No Double Counting of Weeks

 If a week of provincial benefits has been taken into account for the purpose of any of sections 76.11 to 76.13 or 76.19 of the Employment Insurance Regulations, a week of benefits paid under section 22 or 23 of the Act shall not be taken into account for that same purpose.

  • SOR/2006-198, s. 1
  • SOR/2012-263, s. 5
  • SOR/2016-206, s. 18
 
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