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

Date of Payment of Remuneration

7 For the purposes of section 82 of the Act, a fisher shall be considered to have been paid remuneration not later than

• (a) where, pursuant to subsection 3(3), the employer is the head fisher or the agent of the crew, the last day of the week in which the employer is paid the proceeds from the sale of the catch;

• (b) where the employer is a buyer who settles accounts with the fisher at intervals of more than seven days, the date on which the settlement is reached; and

• (c) where the employer is a person other than a person described in paragraph (a) or (b), the last day of the week in which the catch is delivered.

Benefit Period and Rate of Weekly Benefits

Benefit Period

• 8 (1) Subject to any other provision of this section and regardless of whether the fisher has had an interruption of earnings, a benefit period shall be established for a fisher who makes an initial claim for benefits during a period beginning not earlier than the Sunday of the week in which October 1 falls and ending not later than the Saturday of the week in which the following June 15 falls.

• (2) In order to have a benefit period referred to in subsection (1) established in respect of a fisher, the fisher shall prove that they

  • (a) are not qualified under section 7 of the Act to receive benefits; and

  • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.

• (3) and (3.1) [Repealed, SOR/2016-206, s. 13]

• (4) The qualifying period referred to in paragraph (2)(b)

  • (a) begins on the latest of

    • (i) the Sunday of the week in which the March 1 preceding the week in which the fisher makes the initial claim for benefits falls,

    • (ii) the Sunday of the week in which the fisher’s last benefit period began, and

    • (iii) the Sunday of the 31st week preceding the week in which the fisher makes the initial claim for benefits; and

  • (b) ends on the Saturday of the week preceding the week in which the fisher makes the initial claim for benefits.

• (5) Notwithstanding subsections 8(2) to (4) of the Act, the qualifying period described in subsection (4) shall not be extended.

• (6) Subject to any other provision of this section and regardless of whether the fisher has had an interruption of earnings, a benefit period shall be established for a fisher who makes an initial claim for benefits during a period beginning not earlier than the Sunday of the week in which April 1 falls and ending on the Saturday of the week in which the following December 15 falls.

• (7) In order to have a benefit period referred to in subsection (6) established in respect of a fisher, the fisher shall prove that they

  • (a) are not qualified under section 7 of the Act to receive benefits; and

  • (b) have accumulated, since the beginning of the qualifying period, not less than the amount of insurable earnings from employment as a fisher that is set out in the schedule for the unemployment rate applicable to the region where they reside.

• (8) and (8.1) [Repealed, SOR/2016-206, s. 13]

• (9) The qualifying period referred to in paragraph (7)(b)

  • (a) begins on the latest of

    • (i) the Sunday of the week in which the September 1 preceding the week in which the fisher makes the initial claim for benefits falls,

    • (ii) the Sunday of the week in which the fisher’s last benefit period began, and

    • (iii) the Sunday of the 31st week preceding the week in which the fisher makes the initial claim for benefits; and

  • (b) ends on the Saturday of the week preceding the week in which the fisher makes the initial claim for benefits.

• (10) Notwithstanding subsections 8(2) to (4) of the Act, the qualifying period described in subsection (9) shall not be extended.

• (11) A benefit period established under subsection (1) or (6) begins with and includes the week in which the initial claim for benefits is made and ends with the earlier of

  • (a) the Saturday of the last week of unemployment for which benefits are payable pursuant to subsection (12); and

  • (b) the ending date of the benefit period referred to in subsection 8(1) or (6), as the case may be.

• (11.1) Despite subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), a fisher’s benefit period shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23, 23.1, 23.2 or 23.3 of the Act, but shall not exceed a maximum of 52 weeks.

• (11.2) Notwithstanding subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), if, during the period referred to in subsection 23(2) of the Act, the child or children referred to in subsection 23(1) of the Act are hospitalized, the fisher’s benefit period is extended by the number of weeks during which the child or children are hospitalized.

• (11.21) Despite subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), if, during the period referred to in subsection 23(2) of the Act, the start date of a fisher’s period of parental leave is deferred or a fisher is directed to return to duty from parental leave, in accordance with regulations made under the National Defence Act, the fisher’s benefit period is extended by the number of weeks during which the fisher’s parental leave is deferred or the fisher is directed to return to duty, as the case may be.

• (11.3) Despite subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, benefits were not paid to the fisher under subsection (12), benefits were paid to the fisher for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f) of the Act and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

• (11.31) If, during a fisher’s benefit period, neither benefits under subsection (12) nor benefits for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f) of the Act were paid to the fisher but benefits were paid to the fisher for the reason mentioned in paragraph 12(3)(b) of the Act in the case where the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii) of the Act, the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

• (11.32) If, during a fisher’s benefit period, benefits were paid under subsection (12) and also for the reason mentioned in paragraph 12(3)(b) of the Act in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii) of the Act, and benefits were paid for fewer than the total number of weeks established under subsection (18) as determined by subsection (18.1), the benefit period is extended so that benefits may be paid up to that total number of weeks. The extension must not exceed 26 weeks.

• (11.33) Only the benefits under subsection (12) and benefits for any reason mentioned in paragraphs 12(3)(a) to (f) of the Act that were paid during the fisher’s benefit period before it was extended under subsection (11.32) are payable during that extension.

• (11.4) Any extension under subsections (11.1) to (11.32) shall not result in a benefit period of more than 104 weeks.

• (11.5) Subject to subsection (11.4), unless the benefit period is also extended under any of subsections (11.1) to (11.21), an extension under subsection (11.3) shall not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 12(3) of the Act for each of the benefits paid to the fisher for one of the reasons mentioned in paragraphs 12(3)(a) to (f) of the Act during the fisher’s benefit period before it was extended under subsection (11.3).

• (12) Subject to subsection (18), where a benefit period has been established for a fisher, benefits may be paid to the fisher for each week of unemployment that falls in a benefit period referred to in subsection (11), but the total amount paid shall not represent more than 26 weeks of benefits.

• (13) [Repealed, SOR/2013-32, s. 3]

• (14) A benefit period established under subsection (1) or (6) shall not be extended beyond the date determined in accordance with any of subsections (11) to (11.32).

• (15) Section 6, subsections 7(1) and (2), sections 8, 9 and 11 and subsections 12(2) and 14(1.1) of the Act do not apply to persons who are claimants under these Regulations.

• (16) A benefit period established under subsection (1) or (6) is a benefit period for the purposes of paragraph 8(1)(b), subsection 10(3), paragraph 10(6)(b), subsection 152.11(3) and paragraph 152.11(7)(b) of the Act.

• (17) Where a benefit period is established under subsection (1) or (6) for a fisher, benefits may be paid to the fisher in the benefit period in accordance with the Act for any of the reasons referred to in subsection 12(3) of the Act and subject to the applicable maximums established by subsections 12(3) to (6) of the Act.

• (17.1) For the purpose of subsection (17), the reference in subsection 12(5) of the Act to

  • (a) subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section; and

  • (b) subsection 10(15) of the Act is to be read as a reference to subsection (11.5) of this section.

  • (c) and (d) [Repealed, SOR/2013-103, s. 1]

• (18) In a benefit period established for a fisher under subsection (1) or (6), benefits may be paid to the fisher under both subsections (12) and (17), but in no case shall the maximum number of combined weeks of benefits exceed 50.

• (18.1) For the purpose of determining whether the total number of weeks of benefits established under subsection (18) has been reached, in the case where benefits have been paid to a fisher for the reason mentioned in paragraph 12(3)(b) of the Act and the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii) of the Act,

  • (a) the number of weeks of benefits that were paid for the reason mentioned in paragraph 12(3)(b) of the Act is converted to the number of weeks of benefits that would have been paid at a rate of weekly benefits of 55%, as set out in the table in Schedule IV of the Act; and

  • (b) other than the weeks referred to in subsections (11.2) and (11.21) in respect of which the benefit period is extended and the week referred to in section 13 of the Act, the weeks for which no benefits were paid are deemed to be weeks for which benefits were paid at a rate of weekly benefits of 55%.

• (19) A disqualification under section 30 of the Act shall not apply in respect of the establishment of a benefit period for a fisher.

Rate of Weekly Benefits

8.1 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.

• 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.

  Regional Rate of Unemployment	Divisor
  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.