Employment Insurance (Fishing) Regulations - Interpretation

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Current EI (Fishing) Regulations

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EMPLOYMENT INSURANCE (FISHING) REGULATIONS

INTERPRETATION

1.   (1) The definitions in this subsection apply in these Regulations.

     "Act" means the Employment Insurance Act.

     "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.

     "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

(a) where only a portion of a catch is delivered to a buyer, means the portion delivered; and

(b) 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.

     "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.

     "cured fish" means the following fish and fish products:

(a) salted groundfish, smoked herring, pickled mackerel, pickled turbot, pickled herring, pickled and salted alewives, pickled trout and other pickled fish products; and

(b) cod oil and cod livers.

     "employer" means a person included by section 3 as the employer of a fisher.

     "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,

(a) in making a catch;

(b) 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

(c) 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.

     "fishing gear" means any specialized equipment, other than hand tools or clothing, used by a crew exclusively in making a catch.

     "fresh fish" means fish that is not cured fish.

    "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.  

    "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)  

     (2) 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.

SOR 2001-74, s. 1 

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