Employment Insurance (Fishing) Regulations

Employment Insurance (Fishing) Regulations His Excellency the Governor General in Council, on the recommendation of the Minister of Human Resources Development, pursuant to section 153 of the Employment Insurance Acta, hereby approves the annexed Employment Insurance (Fishing) Regulations, made by the Canada Employment Insurance Commission. S.C. 1996, c. 23 The definitions in this subsection apply in these Regulations. Act means the Employment Insurance Act. (Loi) buyer means a person who buys a catch for the purpose of reselling it, either in the form in which it was caught or after processing, and not for the purpose of using it as food, feed or bait. (acheteur) catch means any natural product or by-product of the sea, or of any other body of water, caught or taken by a crew and includes fresh fish, cured fish, Irish moss, kelp and whales, but does not include fish scales or seals, and where only a portion of a catch is delivered to a buyer, means the portion delivered; and where more than one catch or portion of a catch is delivered to a buyer at one time, means the catches or portions that are delivered. (prise) crew means a group of fishers who generally engage in making a catch together or who have actually engaged in making a catch together and, in the case of a single fisher, crew or member of a crew, as the case may be, means that single fisher. (équipage) cured fish means the following fish and fish products: salted groundfish, smoked herring, pickled mackerel, pickled turbot, pickled herring, pickled and salted alewives, pickled trout and other pickled fish products; and cod oil and cod livers. (poisson traité) employer means a person included by section 3 as the employer of a fisher. (employeur) fisher means a self-employed person engaged in fishing and includes a person engaged, other than under a contract of service or for their own or another person’s sport, in making a catch; in any work incidental to making or handling a catch, whether the work consists of loading, unloading, transporting or curing the catch made by the crew of which the person is a member, or of preparing, repairing, dismantling or laying-up the fishing vessel or fishing gear used by that crew in making or handling the catch, where the person engaged in any such incidental work is also engaged in making the catch; or in the construction of a fishing vessel for their own use or for the use of a crew of which the person is a member in making a catch. (pêcheur) fishing gear means any specialized equipment, other than hand tools or clothing, used by a crew exclusively in making a catch. (engins de pêche) fresh fish means fish that is not cured fish. (poisson frais) major attachment claimant means a claimant who qualifies to receive benefits and has $3,760 or more of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la première catégorie) minimum wage, in respect of the earnings of a fisher from the catch of a crew, means the minimum wage in effect in the province where the fisher resides on January 1 of the year in which the catch is sold. (salaire minimum) minor attachment claimant means a claimant who qualifies to receive benefits and has less than $3,760 of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la deuxième catégorie) An employer who is engaged in work incidental to a catch that is generally performed on shore shall not, at any time, be regarded as a member of the crew that made the catch. A person who is a fisher shall be included as an insured person and, subject to these Regulations, the Act and any regulations made under the Act apply to that person with such modifications as the circumstances require. For the purposes of the Act and any regulations made under the Act, the employer of a fisher shall be any person included as such by this section. Where a catch is delivered in Canada to a buyer or to a buyer’s agent by a member of the crew that made the catch, the buyer shall be considered to be the employer of all fishers who are members of that crew and who share in the proceeds from the sale of the catch. Where a catch is delivered by a member of the crew that made the catch to a person who is not considered by virtue of subsection (2) to be the employer and the gross returns from the sale of the catch are paid to the head fisher of the crew, or if there is no head fisher, to the agent for selling the catch of the crew, in the case of a head fisher, the head fisher shall be considered to be the employer for all the other fishers who are members of the crew; and in the case of an agent, if the agent is a member of the crew, the agent shall be considered to be the employer of all the other fishers who are members of the crew, and if the agent is not a member of the crew, the agent shall be considered to be the employer of all the fishers who are members of the crew. Where there is a common agent acting at the same time for both the crew and a buyer, that agent shall if the agent is a member of the crew, be considered to be the employer of all the other fishers who are members of the crew; and if the agent is not a member of the crew, be considered to be the employer of all the fishers who are members of the crew. An agent referred to in subsection (4) has the right to recover from the buyer the employer’s premiums paid by the agent. The records referred to in section 87 of the Act shall contain, for the purposes of these Regulations, all particulars required for determining whether premiums are payable by the employer, the earnings of the fishers, and the dates on which premiums are payable by the employer; and the name, address and Social Insurance Number of each member of the crew and their share of proceeds from the sale of the catch. Every person considered by section 3 to be the employer of fishers shall keep all records, books of account and documents in respect of those fishers separately from those the person keeps and maintains in respect of other insured persons. If a period of employment for which insurable earnings have been reported on the record of employment falls partially within the fisher’s rate calculation period, the Commission shall, unless presented by the fisher or the employer with evidence of the amount of insurable earnings actually earned in the rate calculation period, allocate the amount of insurable earnings, not including any insurable earnings paid or payable by reason of lay-off or separation from employment, proportionately over that period of employment, on the basis that the fisher earned the same amount of insurable earnings for each of the seven days of each week. The insurable earnings paid or payable to a fisher, during the rate calculation period, by reason of lay-off or separation from employment is the lesser of the actual amount of those earnings, and the amount calculated in accordance with the following formula: is the fisher’s insurable earnings during the rate calculation period — not including those referred to in paragraph (a) — paid or payable for the employment that gave rise to the earnings referred to in that paragraph. The earnings of a fisher shall be determined as provided by this section. 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. 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. 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. 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. 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. Where an officer of the Department of National Revenue determines that the records, books of account and documents of an employer of fishers are not, in respect of any of those fishers, sufficiently complete for the purpose of enabling the officer to determine the amount of insurable earnings of the fishers in respect of any period, the amount of the premiums payable and the dates on which they were paid or payable by that employer, the officer shall in respect of any fisher for whom the records, books of account and documents are adequate, determine the fisher’s insurable earnings and the premiums payable in accordance with the Act and the provisions of any regulations made under the Act, other than this section; and in respect of any fisher for whom the records, books of account and documents are inadequate, estimate the insurable earnings in the manner set out in subsection (2) and determine the premiums payable shall be five per cent of those estimated earnings. For the purposes of paragraph (1)(b), the officer shall, in respect of any fisher referred to in that paragraph, estimate the period during which any catches of that fisher were made; the number of fishers involved in any catch; and the earnings of the fisher for the period referred to in paragraph (a). The aggregate earnings of all fishers for a period estimated in accordance with subsection (2) shall not exceed the gross returns from the sale of all the catches made by the fishers during the period. The officer shall, in determining or estimating pursuant to subsections (1) and (2) the earnings in respect of which premiums are payable, exclude the deductions referred to in subsection 5(3) and any earnings that the officer is satisfied have been paid or are payable to a fisher who is not insured or in respect of whom the records, books of account and documents are adequate. Notwithstanding subsections (1) and (2), the officer shall, on the first inspection of the records, books of account and documents of an employer, establish the earnings paid or payable in respect of any period to a fisher employed by the employer during the period, on the basis of oral or written information, and determine the insurable earnings and the premiums payable by the employer for the period by applying to the earnings so established the provisions of the Act and any regulations made under the Act, where the employer has not previously been sent a request to keep adequate records, books of account and documents; agrees to keep adequate records, books of account and documents; agrees to make immediate payment of any premiums that the officer, on the basis of any oral or written information, determines are owing; and has acted in good faith. For the purposes of section 82 of the Act, a fisher shall be considered to have been paid remuneration not later than 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; 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 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. 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. In order to have a benefit period referred to in subsection (1) established in respect of a fisher, the fisher shall prove that they are not qualified under section 7 of the Act to receive benefits; and 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. [Repealed, SOR/2016-206, s. 13] The qualifying period referred to in paragraph (2)(b) begins on the latest of the Sunday of the week in which the March 1 preceding the week in which the fisher makes the initial claim for benefits falls, the Sunday of the week in which the fisher’s last benefit period began, and the Sunday of the 31st week preceding the week in which the fisher makes the initial claim for benefits; and ends on the Saturday of the week preceding the week in which the fisher makes the initial claim for benefits. Notwithstanding subsections 8(2) to (4) of the Act, the qualifying period described in subsection (4) shall not be extended. 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. In order to have a benefit period referred to in subsection (6) established in respect of a fisher, the fisher shall prove that they The qualifying period referred to in paragraph (7)(b) the Sunday of the week in which the September 1 preceding the week in which the fisher makes the initial claim for benefits falls, Notwithstanding subsections 8(2) to (4) of the Act, the qualifying period described in subsection (9) shall not be extended. 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 the Saturday of the last week of unemployment for which benefits are payable pursuant to subsection (12); and the ending date of the benefit period referred to in subsection 8(1) or (6), as the case may be. 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. 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. 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. 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. 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. 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. 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. Any extension under subsections (11.1) to (11.32) shall not result in a benefit period of more than 104 weeks. 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). 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. [Repealed, SOR/2013-32, s. 3] 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). 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. 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. 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. For the purpose of subsection (17), the reference in subsection 12(5) of the Act to subsection 10(13) of the Act is to be read as a reference to subsection (11.3) of this section; and subsection 10(15) of the Act is to be read as a reference to subsection (11.5) of this section. [Repealed, SOR/2013-103, s. 1] 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. 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, 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 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%. A disqualification under section 30 of the Act shall not apply in respect of the establishment of a benefit period for a fisher. For the purposes of calculating a fisher’s rate of weekly benefits, the fisher’s weekly insurable earnings shall be determined by 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 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 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. 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: the divisor that equals the number of weeks during the rate calculation period in which the fisher had insurable earnings, and the divisor set out in the table to this subsection opposite the applicable regional rate of unemployment. 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 the week 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 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 the week before the fisher’s benefit period begins, if they have an insurable employment at the beginning of that period. 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. A week relating to employment in the labour force is a week in which the fisher has no insurable earnings and is a week in respect of which the fisher has received or will receive workers’ compensation payments, other than a lump sum or pension paid in full and final settlement of a claim made for workers’ compensation payments, under a wage-loss indemnity plan, any earnings by reason of illness, injury, quarantine, pregnancy or care of a child or children referred to in subsection 23(1) of the Act, indemnity payments referred to in paragraph 35(2)(f) of the Employment Insurance Regulations, or earnings because of which, under section 19 of the Act, no benefits are payable to the fisher; a week in which the fisher was attending a course or program of instruction or training to which the fisher was referred by the Commission or by an authority designated by the Commission, employed under the Self-employment employment benefit or the Job Creation Partnerships employment benefit established by the Commission under section 59 of the Act or under a similar benefit that is provided by a provincial government or other organization and is the subject of an agreement under section 63 of the Act, prevented from establishing an interruption of earnings by virtue of the allocation of earnings in accordance with section 36 of the Employment Insurance Regulations, serving a week of the waiting period, or serving a week of disqualification under section 28 of the Act or disqualified under section 30 of the Act for a week of unemployment for which benefits would otherwise have been payable to the fisher; a week of unemployment due to a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which the fisher was employed; or a week in respect of which benefits have been paid or were payable to the fisher, including a week in respect of which provincial benefits within the meaning of Part III.1 or III.2 of the Employment Insurance Regulations have been paid to the fisher. Subject to subsections (2) to (6), section 31 of the Employment Insurance Regulations does not apply to persons who are claimants under these Regulations. A claimant who is a self-employed person engaged mainly in fishing, whether it is an insurable employment or not, or who operates a business in fishing on the claimant’s own account or in a partnership or co-adventure in fishing, or a claimant who is mainly employed in fishing, whether it is an insurable employment or not, in an employment in which the claimant controls the claimant’s working hours, shall not be regarded as unemployed during any period in respect of which the claimant remains so engaged or employed. A fisher is unemployed and available for work in respect of the fisher’s employment, engagement or operation of a business in fishing, whether it is an insurable employment or not, during the benefit periods referred to in subsection 8(11). Notwithstanding subsection (3), where a fisher is offered and refuses suitable employment in fishing without good cause, the fisher shall be disqualified from receiving benefits, other than special benefits, for a number of weeks that is not less than 7 or more than 12. Subsections 28(2) and (5) to (7) of the Act are applicable for the purposes of subsection (4). For the purposes of this section, a person who is ordinarily a fisher does not cease to be a fisher while engaged in any of the incidental work referred to in the definition “fisher” in subsection 1(1), even though the person is not engaged in making an actual catch during that time. For the purposes of section 19 of the Act, the determination and allocation of earnings of a person who is claiming benefits under these Regulations shall be made in accordance with subsections (2) to (4). Where a claimant under these Regulations has any earnings from an employment in fishing under a contract of service, whether it is an insurable employment or not, or has any earnings other than from an employment in fishing, the claimant’s total earnings shall be determined in accordance with section 35 of the Employment Insurance Regulations and allocated in accordance with section 36 of those Regulations. The earnings determined in accordance with subsection 5(2) or (3) shall in the case of earnings from a catch consisting of fish other than cured fish, be allocated equally to each day of the fishing trip; and in the case of earnings from a catch consisting of cured fish, be allocated to the week of delivery of the catch. For the purposes of subsection 19(3) of the Act, the period referred to in that subsection is the period in respect of which earnings are allocated under paragraph (3)(a) or (b) of this section. 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. [Repealed, SOR/2016-206, s. 14] 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. The value of a violation is the aggregate of the amount of the overpayment of benefits resulting from the act or omission on which the violation is based, and 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. 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. 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. An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $3,760 of insurable earnings from employment as a fisher in their qualifying period. Notwithstanding paragraphs 8(2)(b) and (7)(b), when an insured person who qualifies under subsection (1) makes an initial claim for benefits, a benefit period shall be established for the person and, once it is established, special benefits are payable to the person in accordance with this section for each week of unemployment that falls in the benefit period. Subject to subsection (4), sections 22 to 23.3 of the Act apply to the payment of special benefits under this section. Notwithstanding section 18 of the Act, a claimant is not entitled to be paid special benefits for a working day, in a benefit period established under this section, in respect of which the claimant fails to prove that on that day the claimant was unable to work because of an illness, injury or quarantine referred to in subsection 40(4) or (5) of the Employment Insurance Regulations and that the claimant would otherwise be available for work; or entitled to benefits under any of sections 22 to 23.3 of the Act. A fisher to whom benefits are payable under any of sections 23 to 23.3 of the Act and whose claim for benefits because of illness, injury or quarantine is made for a week that begins on or after the day on which this subsection comes into force is not disentitled under paragraph (4)(a) for failing to prove that they would have been available for work were it not for the illness, injury or quarantine. Subject to section 18 of the Act, regular benefits and additional special benefits are payable for a week of unemployment to a claimant who has received special benefits under this section where the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant’s qualifying period, are equal to or exceed the applicable amount of insurable earnings in employment as a fisher set out in the schedule, determined by reference to the week in which the benefit period began; and pursuant to Part VIII of the Act, any regular benefits or additional special benefits are payable in that benefit period, based on the claimant’s insurable earnings from employment as a fisher in the claimant’s qualifying period. Except as otherwise provided in this section, the provisions of the Act and these Regulations apply to claimants claiming benefits under this section. Where a fisher is claiming benefits under the Employment Insurance Regulations, the following provisions apply: earnings from employment as a fisher shall be converted to hours of insurable employment as a fisher by dividing those earnings in the qualifying period by the minimum wage, or 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; 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 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. [Repealed, SOR/2016-206, s. 16] 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. 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. 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: 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 the six week period that preceded the Sunday before the day on which the stoppage of work began. A fisher who provides proof of one of the following is not deemed to be an insured person referred to in subsection (2): 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; 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; 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 the fisher was not participating in or financing or directly interested in the labour dispute. Subsections 36(4) and (5) of the Act do not apply to a fisher referred to in subsections (2) and (3). [Repealed, SOR/2016-206, s. 17] 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. For the purpose of extending a fisher’s benefit period under subsection 8(11.3), 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 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”. 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. [Repealed, 2021, c. 23, s. 356] Subsections 8(3.1) and (8.1) of the Regulations, as enacted by subsections (1) and (2), respectively, apply to a fisher in respect of a benefit period beginning on or after October 1, 2000. Despite subsections 153(3) to (9) of the Employment Insurance Act, the Regulations Amending the Employment Insurance (Fishing) Regulations, made by the Canada Employment Insurance Commission on January 23, 2001, approved by Order in Council P.C. 2001-166 of January 30, 2001 and registered as SOR/2001-74, are deemed to have come into force on December 31, 2000. Subsection 8(11.2) of the Regulations, as enacted by subsection (1), applies to a fisher for any benefit period that begins on or after the day on which this Act receives royal assent. Subsection 8(11.3) of the Regulations, as enacted by subsection (1), applies to a fisher for any benefit period that has not ended before March 3, 2002 or that begins on or after that date. Sections 23 and 24 apply to a fisher for any benefit period that begins on or after January 4, 2004; or that has not ended before January 4, 2004, but only for weeks of benefits that begin on or after that date. Non-application For greater certainty, subsections 153(3) to (9) of the Employment Insurance Act do not apply in respect of the amendments made by sections 352 to 358.