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

8.2 (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.

(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.