Employment Insurance Fishing Regulations - Amendments

The following information is out of date.

---

---

Registration
SOR/2001-74                    30 January, 2001

EMPLOYMENT INSURANCE ACT

Unemployment Insurance (Fishing) Regulations,
amendment

INTERPRETATION
  

1. The definitions "major attachment claimant" and "minor attachment claimant" in subsection 1 (1) of the Employment Insurance (Fishing) Regulations¹ are replaced by the following:

"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)

"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. (1) Subsection 8(5) of the Regulations is replaced by the following:

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

(2) Subsection 8(10) of the Regulations is replaced by the following:

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

(3) Section 8 of the Regulations is amended by adding the following after subsection (11):

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

(4) Subsection 8(14) of the Regulations is replaced by the following:

(14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with subsection (11) or (11.1).

(5) Subsections 8(17) and (18) of the Regulations are replaced by the following:

(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.

(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.

3. The heading before section 12 of the Regulations is replaced by the following:

ALTERNATE ACCESS TO SPECIAL BENEFITS

4. (1) Subsection 12(1) of the Regulations is replaced by the following:

12. (1) 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.

(2) Paragraph 12(5) (a) of the Regulations is replaced by the following:

(a) 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

(i) in the case of a new-entrant or re-entrant, $5,500,and

(ii) in any other case, 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

5. Section I5 of the Regulations is amended by adding the following after subsection (2):

(3) With respect to a fisher who is a claimant and to whom a child is born or in whose care a child is placed for adoption before December 31, 2000, all matters relating to their entitlement to special benefits under these Regulations shall be determined in accordance with these Regulations as they read on January 5, 1997 and the Employment Insurance Act as it read before the coming into force of the Budget Implementation Act, 2000, being chapter 14 of the Statutes of Canada, 2000.

6. The schedule to the Regulations is amended by replacing the reference to " (Paragraphs 8 (2) (b) and 7 (b) " after the heading "SCHEDULE" with a reference to "(Paragraphs 8 (2) (b) and 7 (b) and subparagraph 12 (5) (a) (ii).

REPEAL

7. TheRegulations Amending the Employment Insurance (Fishing) Regulations, made by Order in Council P.C. 2000-1650 of October 20, 2000,² are repealed.

COMING INTO FORCE

8. These Regulations come into force in accordance with section 153 of the Employment Insurance Act³.

---

¹SOR/96-445
²SOR/2000-394
³Date in force 14 February, 2001