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

5 (1) The earnings of a fisher shall be determined as provided by this section.

(2) The earnings of a fisher are the amount paid or payable to the fisher in respect of a catch, in accordance with the share arrangement, after deducting the value of any portion of the catch not caught by the crew of which the fisher is a member.

(3) Where a fisher referred to in subsection (2) is a member of the crew and is the owner or lessee of the fishing vessel or fishing gear used by the crew in making the catch, or employs under a contract of service other persons who are engaged in making the catch, the earnings of the fisher are the amount remaining after deducting 25 per cent of the gross value of the catch and after deducting the wages and shares of the other members of the crew.

(4) For the purpose of applying subsection (2), the value of any portion of the catch not caught by the crew shall be the amount established by the head fisher or, if the agent is the employer, by the agent for selling the catch of the crew.

(5) For the purposes of these Regulations, the insurable earnings of a fisher are the earnings as determined in accordance with subsections (2) and (3) that are in respect of the qualifying period referred to in subsection 8(4) or (9), as the case may be.

(6) For the purposes of subsection (5), the earnings of a fisher from a fishing trip that falls partly outside the qualifying period shall be allocated equally to each day of the trip and earnings for days of the fishing trip that precede the first Sunday of the qualifying period shall not be taken into account.