Employment Insurance (Fishing) Regulations - Labour Disputes
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Current EI (Fishing) Regulations
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EMPLOYMENT INSURANCE (FISHING) REGULATIONS
14.1 (1) A fisher is considered not to be a new entrant or a re-entrant to the labour force for the purpose of subsection 8(3.1) if they
(a) have been paid one or more weeks of provincial benefits in the period of 208 weeks referred to in that subsection; and
(b) would have been entitled to receive the special benefits referred to in that subsection for that same period, had they not been paid those provincial benefits.
(2) For the purpose of paragraph (1)(a),
(a) the reference to "a week of benefits" in subsection 25(1) of the Employment Insurance Regulations shall be read as a reference to "a week of provincial benefits"; and
(b) the reference to "the percentage of benefits paid for a week" in subsection 25(2) of the Employment Insurance Regulations shall be read as a reference to "the percentage of benefits that the claimant would have been entitled to receive for a week as special benefits referred to in subsection 8(3.1) of the Employment Insurance (Fishing) Regulations, had they not been paid provincial benefits,".
14.2 (1) A fisher is considered not to be a new entrant or a re-entrant to the labour force for the purpose of subsection 8(8.1) if they
(a) have been paid one or more weeks of provincial benefits in the period of 208 weeks referred to in that subsection; and
(b) would have been entitled to receive the special benefits referred to in that subsection for that same period, had they not been paid those provincial benefits.
(2) For the purpose of paragraph (1)(a),
(a) the reference to "a week of benefits" in subsection 25(1) of the Employment Insurance Regulations shall be read as a reference to "a week of provincial benefits"; and
(b) the reference to "the percentage of benefits paid for a week" in subsection 25(2) of the Employment Insurance Regulations shall be read as a reference to "the percentage of benefits that the claimant would have been entitled to receive for a week as special benefits referred to in subsection 8(8.1) of the Employment Insurance (Fishing) Regulations, had they not been paid provincial benefits,".
14.3 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.
14.4 (1) For the purpose of extending a fisher's benefit period under subsection 8(11.3), (11.31), (11.32) or (11.33), each of the following references is considered to include a reference to the corresponding type of provincial benefits:
(a) a reference in paragraph 8(11.3)(b), (11.31)(b), (11.32)(b) or (11.33)(b) to benefits paid for the reasons mentioned in paragraph 12(3)(a) or (b) of the Act, as the case may be; and
(b) a reference in paragraph 8(11.3)(c), (11.31)(c), (11.32)(c) or (11.33)(c) to benefits that were not paid for the maximum number of weeks established for the reasons mentioned in paragraph 12(3)(a) or (b) of the Act, as the case may be.
(2) For the purpose of extending a fisher's benefit period under subsection 8(11.3), the reference following paragraph 8(11.3)(c) to "each of paragraphs 12(3)(a), (b) and (c) of the Act" shall be read as a reference to "paragraph 12(3)(c) of the Act".
(3) For the purpose of extending a fisher's benefit period under subsection 8(11.31), the reference following paragraph 8(11.31)(c) to "each of paragraphs 12(3)(b), (c) and (d) of the Act" shall be read as a reference to "each of paragraphs 12(3)(c) and (d) of the Act".
(4) For the purpose of extending a fisher's benefit period under subsection 8(11.32), the reference following paragraph 8(11.32)(c) to "each of paragraphs 12(3)(a), (b) and (d) of the Act" shall be read as a reference to "paragraph 12(3)(d) of the Act".
(5) For the purpose of extending a fisher's benefit period under subsection 8(11.33), the reference following paragraph 8(11.33)(c) to "each of those paragraphs" shall be read as a reference to "each of paragraphs 12(3)(c) and (d) of the Act".
14.5 Where a week of provincial benefits has been taken into account for the purpose of section 14.2 or any of sections 76.1 to 76.13 or 76.19 of the Employment Insurance Regulations, no week of benefits paid under section 22 or 23 of the Act shall be taken into account for that same purpose.
SOR/2005-367, s. 1; SOR/2006-198, s. 1