Employment Insurance (Fishing) Regulations

11 (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 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.

(2) [Repealed, SOR/2016-206, s. 14]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.