Unemployment Insurance Regulations

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80. (1) Where an officer of the Department of National Revenue, Taxation, is of the opinion that the books, records, accounts and documents of an employer of fishermen are not, in respect of some of the fishermen of whom he is the employer, adequate for the purpose of enabling the officer to determine with reasonable facility the amount of insurable earnings in respect of any period, the premiums payable and the dates on which they were payable or when the premiums were paid by that employer, the officer shall:

(a) in respect of any fisherman for whom such books, records, accounts and documents are in his opinion adequate, determine his insurable earnings and the premiums payable according to the Act and the provisions of these Regulations,other than this section; and,
 

(b) in respect of any fisherman for whom such books, records, accounts and documents are in his opinion inadequate, estimate the insurable earnings in the manner prescribed in subsection (2) and determine the premiums payable to be five per cent of the earnings so estimated.

(2) For the purpose of making the determination described in paragraph (1)(b), the officer referred to in subsection (1) may, in respect of any fisherman referred to in that paragraph, estimate:

(a) the period during which any catches of that fisherman were made;

(b) the nature and quantity of any cured catch made during the period referred to in paragraph (a);

(c) the number of fishermen involved in any catch; and,

(d) the earnings of each fisherman for each week in the period referred to in paragraph (a).

(3) The aggregate earnings of all fishermen for a period estimated pursuant to subsection (2) shall not exceed the gross returns of all the catches during the period.

(4) An officer of the Department of National Revenue, Taxation, in computing or estimating pursuant to subsections (1) and (2) the total earnings from which the premiums are determined shall exclude therefrom the deduction referred to in paragraph 78(4)(c) if such a deduction is required by that paragraph and any earnings that he is satisfied have been paid to become payable to any fisherman who is not insured or in respect of whom the books, records, accounts and documents are adequate.

(5) Notwithstanding subsections (1) and (2), an officer of the Department of National Revenue, Taxation, may, on the first inspection of the books, records, accounts and documents of an employer who:

(a) has not previously been sent a request to keep adequate books, records, accounts and documents;

(b) agrees to keep adequate books, records, accounts and documents;

(c) agrees to make immediate payment of any premiums that the officer, on the basis of oral information or a written declaration, determines are owing; and,

(d) has, in the officer's opinion, acted in good faith, establish in respect of any period the earnings paid or payable to a fisherman employed by the employer during the period on the basis of oral information or a written declaration and determine the insurable earnings and the premiums payable by the employer for the period by applying the provisions of the Act and any regulations made thereunder to the earnings so established.

SOR/78-710, s. 13.

Payment of Premiums

81. For the purposes of section 53 of the Act, a fisherman shall be considered to have been paid his remuneration not later than:

(a) where pursuant to subsection 76(3) the employer is the head fisherman or the agent of the crew, the last day of the week in which the employer is paid the returns of a catch;

(b) where the employer is the person described in subsection 79(5), the date on which the earnings from a catch or catches during the fishing season are determined pursuant to that subsection;

(c) where a person was required to make a declaration pursuant to subsection 82(1), the date on which he is notified by an officer of the Department of National Revenue, Taxation, that it has been established to that officer's satisfaction that he failed to make the declaration or made it falsely; and,

(d) where the employer of the fisherman is a person who is not described in paragraphs (a) to (c), the last day of the week in which delivery of a catch is made.

SOR/78-710, s. 14; SOR/79-52, s. 6(F); SOR/90-734, s. 3.

Declaration to the Buyer

82. (1) The person who delivers a catch in the manner specified in subsection 76(2) shall, at the time of delivery, declare to the buyer or agent the following particulars:

(a) that he is a member of the crew that made the catch;

(b) the names, addresses and Social Insurance Numbers of all fishermen who are members of the crew who share in the returns of the catch and the share arrangement including bonuses or other extra moneys;

(c) the portion of the delivered catch, if any, that was not caught by the crew;

(d) [Repealed, SOR/80-576, s. 2];

(e) the names, addresses and Social Insurance Numbers of all persons, if any, employed under a contract of service and the amount of their wages or other remuneration that has been or will be paid in respect of the catch that is being delivered; and,

(f) the names of those members of the crew to whom paragraph 3(2)(a) of the Act applies.

SOR/78-710, s. 15; SOR/80-576, s. 2; SOR/90-734, s. 4; *SOR/94-445, s. 2.

*(2) [Repealed, SOR/94-445, s. 2]

* In force as of October 30, 1994.

 

83. (1) For the purposes of this section and sections 84 and 85, a "fishing insured week" means a week during which the employment of a fisherman is insurable under this Part.

(2) A fishing insured week is not a week of insurable employment for the purposes of section 6 of the Act, except for the purpose of subsection 6(4) of the Act.

SOR/79-421, s. 6; SOR/79-465; SOR/79-481, s. 6; SOR/90-734, s. 5.

(3) [Repealed, SOR/90-734, s. 5]

84. (1) In this Part, "year-round fisherman" means a fisherman who establishes that:

(a) his most recent employment in fishing, whether insurable or not, during the period comprising the 52 most recent weeks that immediately precede the commencement of his benefit period was on a vessel that, in the opinion of the Commission:

(i) ordinarily carried on fishing operations at all times of the year; and,

(ii) employed the members of the crew under conditions so similar to a contract of service that there is a comparable degree of control; and,

(b) he has at least six fishing insured weeks in each of any three consecutive calendar quarters during the period of the most recent four complete calendar quarters immediately prior to the calendar quarter that includes the week in which his benefit period commences and, for the purposes of this paragraph, the most recent calendar quarter ends with its most recent complete calendar week.

(2) Subject to any other provision of this section, a benefit period shall be established for a year-round fisherman who makes a claim for the purpose of establishing a benefit period and whose circumstances of separation from employment are readily verifiable, and benefits are payable to the fisherman in accordance with the provisions of Part I of the Act, other than subsections 11(1), (2) and (6), that are applicable in respect of the benefit period of a major attachment claimant if the fisherman proves that:

(a) the fisherman is not qualified under section 6 of the Act to receive benefit; and,

(b) the fisherman has 20 or more weeks of insurable empoyment in the fisherman's qualifying period.

*(3) Subject to subsections (9) and (10), where a benefit period, other than a benefit period for a reason referred to in subsection 11(3) of the Act, has been established for a year-round fisherman, benefits may be paid to the fisherman for each week of unemployment that falls in that benefit period, up to the maximum number of weeks determined in accordance with Table 2 of the schedule to the Act, by reference to the regional rate of unemployment that applies to the fisherman and the number of weeks of insurable employment of the fisherman in the fisherman's qualifying period.

* In force as of October 30, 1994.

*(4) to (8) [Repealed, SOR/94-445, s. 3].

* In force as of October 30, 1994.

(9) A year-round fisherman is not entitled to receive benefit in the fisherman's benefit period, except during the period beginning on the Sunday of the week in which November 1 falls and ending on the Saturday of the week in which the following May 15 falls, if the fisherman's most recent employment was in fishing, regardless of whether that employment is insurable employment and of whether that employment was prior to or during the benefit period, and the separation from employment:

(a) was not from a vessel that meets the requirements of subparagraphs (1)(a)(i) and (ii); or,

(b) was from a vessel that meets the requirements of subparagraphs (1)(a)(i) and (ii) and for a reason other than:

(i) lay-off caused by a lack of work;

(ii) the fisherman's incapability of working by reason of an illness, injury or quarantine referred to in subsection 47(6);

(iii) where the fisherman is a woman, the fisherman's pregnancy; or,

(iv) the fisherman's need to remain at home to care for a child or children referred to in subsection 20(1) of the Act.

(10) A year-round fisherman who, pursuant to subsection (9), was not entitled to receive benefit may become entitled to receive benefit beginning with the week in which the fisherman proves that:

(a) the fisherman's most recent employment, regardless of whether that employment is insurable employment, was in fishing from a vessel that meets the requirements of subparagraphs (1)(a)(i) and (ii) and that, subsequent to the beginning of the fisherman's benefit period, the fisherman's separation from that employment was for a reason referred to in any of subparagraphs (9)(b)(i) to (iv); or,

(b) the fisherman has seven or more non-fishing weeks of insurable employment in any period of 13 consecutive weeks subsequent to the beginning of the fisherman's benefit period.

(11) Subsection (9) does not apply in respect of the separation from employment of a fisherman who leaves or refuses to accept an employment for the sole reason that, by remaining in or accepting the employment, the fisherman would lose the right, in respect of an association, organization or union of workers:

(a) to become a member;
 

(b) to continue to be a member and to observe the rules of the association, organization or union; or,

(c) to refrain from becoming a member.

*(12) A year-round fisherman may, in a benefit period, combine weeks of benefit to which the fisherman is entitled for any of the reasons referred to in subsection 11(3) of the Act, subject to the maximums established by subsections 11(3), (4), (5) and (7) of the Act, and to which the fisherman is entitled under subsection (3) of this section, but, if the fisherman is entitled under subsection (3):

(a) to more than 30 weeks of benefit, the total number of weeks of benefit payable for any of the reasons referred to in subsection 11(3) of the Act and under subsection (3) shall not exceed the fisherman's entitlement under subsection (3); and,

(b) to 30 or fewer weeks of benefit, the fisherman may, subject to the applicable maximums, receive a greater number of weeks of benefit if the fisherman is also entitled to benefit for any of the reasons referred to in subsection 11(3) of the Act, but the total number of weeks of benefit shall not exceed 30.

SOR/80-17, s. 4(E); SOR/84-32, s. 10; SOR/84-632, s. 2(F); SOR/88-277, s. 9; SOR/90-734, s. 6; SOR/90-735, s. 1; SOR/94-445, s. 3.

* In force as of October 30, 1994.

 

*85. (1) Subject to any other provision of this section, a benefit period shall be established for a fisherman, other than a fisherman who is entitled to receive benefits as a year-round fisherman, who makes an initial claim for benefit during the period beginning on the Sunday of the week in which November 1 falls and ending on the Saturday of the week in which the following May 15 falls, regardless of whether the fisherman has had an interruption of earnings, if the fisherman proves that the fisherman:

(a) is not qualified under section 6 of the Act to receive benefit; and,

(b) has, in the qualifying period referred to in paragraph (1.1)(b):

(i) in the case of a new entrant or re-entrant to the labour force, as that expression is defined in subsection 6(4) of the Act, 20 or more weeks of insurable employment; and,
 

(ii) in any other case, at least the number of weeks of insurable employment set out in Table 1 of the schedule to the Act by reference to the regional rate of unemployment that applies to the fisherman.

* In force as of October 30, 1994.

(1.1) The number of weeks of insurable employment referred to in paragraph (1)(b) shall:

(a) include a minimum of six weeks that are fishing insured weeks; and,

(b) have occurred in the qualifying period:

(i) beginning on the later of:

(A) the Sunday of the week in which the March 31 immediately preceding the week in which the fisherman makes the initial claim for benefit falls; and,

< class="indent3">(B) the Sunday of the week in which the fisherman's last benefit period began; and,

(ii) ending on the Saturday of the week immediately preceding the week in which the initial claim for benefit is made.

*(2) Subject to any other provision of this section, a benefit period shall be established for a fisherman, other than a fisherman who is entitled to receive benefits as a year-round fisherman, who makes an initial claim for benefit during the period beginning on the Sunday of the week in which May 1 falls and ending on the Saturday of the week in which the following November 15 falls, regardless of whether the fisherman has had an interruption of earnings, if the fisherman proves that the fisherman:

(a) is not qualified under section 6 of the Act to receive benefit; and,

(b) has, in the qualifying period referred to in paragraph (2.1)(b):

(i) in the case of a new entrant or re-entrant to the labour force, as that expression is defined in subsection 6(4) of the Act, 20 or more weeks of insurable employment; and,

(ii) in any other case, at least the number of weeks of insurable employment set out in Table 1 of the schedule to the Act by reference to the regional rate of unemployment that applies to the fisherman.

* In force as of October 30, 1994.

(2.1) The number of weeks of insurable employment referred to in paragraph (2)(b) shall:

(a) include a minimum of six weeks that are fishing insured weeks; and,

(b) have occurred in the qualifying period:

(i) beginning on the later of:

(A) the Sunday of the week in which the October 1 immediately preceding the week in which the fisherman makes the initial claim for benefit falls; and,

(B) the Sunday of the week in which the fisherman's last benefit period began; and,

(ii) ending on the Saturday of the week immediately preceding the week in which the initial claim for benefit is made.

(3) A benefit period established under subsection (1) or (2) begins with and includes the week in which the initial claim for benefit is made and ends:

(a) in the case of a benefit period established pursuant to subsection (1), on the earlier of:

(i) the Saturday of the week in which the following May 15 falls; and,

(ii) the Saturday of the last week of unemployment for which benefit is payable pursuant to this section; and,

(b) in the case of a benefit period established pursuant to subsection (2), on the earlier of:

(i) the Saturday of the week in which the following November 15 falls; and,

(ii) the Saturday of the last week of unemployment for which benefit is payable pursuant to this section.

*(4) Subject to subsection (10), where a benefit period has been established for a fisherman, other than a fisherman who is entitled to receive benefits as a year-round fisherman, benefits may be paid to the fisherman for each week of unemployment that falls in the benefit period referred to in subsection (3).

* In force as of October 30, 1994.

*(5) The maximum number of weeks for which benefits may be paid in a benefit period established under subsection (1) or (2) shall be determined in accordance with Table 2 of the schedule to the Act by reference to the regional rate of unemployment that applies to the fisherman and the number of weeks of insurable employment of the fisherman in the fisherman's qualifying period.

* In force as of October 30, 1994.

*(6) For the purpose of calculating the rate of weekly benefit referred to in subsection 13(1) of the Act, the qualifying weeks of a fisherman, other than a fisherman who is entitled to receive benefits as a year-round fisherman, are:

(a) where the fisherman has 15 or more fishing insured weeks in the fisherman's qualifying period, the 10 fishing insured weeks for which the fisherman had the highest insurable earnings; and,

(b) in any other case, the weeks set out in subsection 13(2) or (3) of the Act, as the case may be.

* In force as of October 30, 1994.

*(7) Notwithstanding subsections 9(7) to (9) of the Act and sections 24 to 26 of the Act, no benefit period established under subsection (1) or (2) shall be extended beyond the week referred to in subparagraph (3)(a)(i) or (b)(i), as the case may be.

* In force as of October 30, 1994.

*(8) A benefit period established under subsection (1) or (2) is a benefit period for the purposes of section 84 of these Regulations and of paragraph 7(1)(b) and subsection 9(3) of the Act.

* In force as of October 30, 1994.

*(9) Where a benefit period is established under subsection (1) or (2) for a fisherman, other than a fisherman who is entitled to receive benefits as a year-round fisherman, benefits, may be paid to the fisherman in that benefit period in accordance with the Act for any of the reasons referred to in subsection 11(3) of the Act and subject to the maximums established by subsections 11(3), (4), (5) and (7) of the Act.

* In force as of October 30, 1994.

*(10) A fisherman, other than a fisherman who is entitled to receive benefits as a year-round fisherman, may, in a benefit period established under subsection (1) or (2), combine weeks of benefit to which the fisherman is entitled under subsections (4) and (9), but in no case shall the maximum number of combined weeks exceed 30.

SOR/78-710, s. 16; SOR/78-810, s. 2; SOR/79-421, s. 5; SOR/83-515, s. 3; SOR/84-32, s. 11; SOR/88-277, s. 10; SOR/90-734, s. 7; SOR/90-735, s. 2; SOR/94-445, s. 4.

* In force as of October 30, 1994.

*85.1 [Repealed, SOR/94-445, s. 5].

* In force as of October 30, 1994.

Unemployment of Fishermen

86. (1) Subject to this section, section 44 does not apply to persons who are claimants under this Part.

(2) Subject to subsection (4), any claimant who is mainly self-employed in fishing, whether insurable or not, or engaged on his own account or in a partnership or co-adventure, or any claimant who is mainly employed in fishing, whether insurable or not, in an employment in which he controls his working hours, shall not be regarded as unemployed during any period in respect of which he remains so engaged or employed.

(3) Any claimant who is self-employed in fishing to a minor extent only, whether insurable or not, or whether engaged on his own account or in a partnership or co-adventure, or any claimant who is employed in fishing to a minor extent only, whether insurable or not, or whether or not he controls his working hours, shall be regarded as unemployed during any period in respect of which he remains so engaged or employed.

*(4) Notwithstanding sections 10 and 14 of the Act, a fisherman is unemployed and available for work in respect of the fisherman's employment or engagement in fishing, regardless of whether it is an insurable employment, during the benefit periods referred to in subsections 84(9) and 85(3).

SOR/94-445, s. 6.

* In force as of October 30, 1994.

(5) For the purposes of this section, a person who is ordinarily a fisherman does not cease to be a fisherman while he is engaged in any of the incidental work mentioned in the definition "fisherman" in subsection 74(1) even though he is not engaged in making an actual catch at that time.

SOR/78-710, s. 17; SOR/81-625, s. 2; SOR/84-214, s. 2; SOR/90-734, s. 8; SOR/94-445, s. 6.

Determination and Allocation of Earnings

87. (1) The determination and allocation of earnings for the purposes of section 15 of the Act of a person who is claiming benefit under this Part shall be made in accordance with this section.

(2) Where a claimant under this Part has any earnings from fishing, whether insurable or not, while he is employed under a contract of service, or has any earnings other than from fishing, such earnings shall be determined in accordance with section 57 and allocated in accordance with section 58.

(3) Where a claimant under this Part has any earnings as determined under subsection 78(4), such earnings shall be allocated equally to each week in which his crew was engaged in making a catch.

(4) Subject to subsections (3) and (7), where a claimant under this Part is self-employed in fishing, whether insurable or not, his earnings shall be:

(a) in the case of a claimant not referred to in paragraph (b) or (c), the amount by which the gross returns of a catch exceed the fishing expenses, excluding any capital expenditures, that are chargeable as operating expenses against the gross returns of the catch;

(b) in the case of a claimant who pays wages to a helper, the amount by which the gross returns of a catch exceed the aggregate of:

(i) the wages paid to the helper; and,

(ii) the fishing expenses referred to in paragraph (a); and,

(c) in the case of a claimant who is a partner or co-adventurer and is entitled to a share of the returns, his share of the amount by which the gross returns of a catch exceed the aggregate of:

(i) the boat rental or mortgage payment on the boat and any other boat costs that are commonly referred to as the "boat share"; and,

(ii) the fishing expenses of the crew referred to in paragraph (a) that are not included in subparagraph (i).

(5) The earnings referred to in subsection (4) shall be allocated:

(a) where the catch is fresh, equally to the weeks in which the claimant performed the work to obtain the earnings; and,

(b) where the catch is cured, to the week in which delivery of the catch is made.

(6) A claimant's gross returns from a catch shall, for the purposes of this section, include the gross returns from the sale of any product of the sea or of any other body of water, or of any by-product, whether or not the purchaser is a buyer as defined in this Part.

(7) [Repealed, SOR/80-576, s. 3].

(8) Where a claimant does not provide satisfactory proof as to the amount of his fishing expenses, no fishing expenses shall be allowed in excess of:

(a) in the case of fishing expenses referred to in paragraph (4)(a), 25 per cent of the gross returns of the catch;

(b) in the case of fishing expenses referred to in subparagraph (4)(b)(ii), 25 per cent of the amount by which the gross returns of a catch exceed the expenses referred to in subparagraph (4)(b)(i); or,

(c) in the case of fishing expenses referred to in subparagraph (4)(c)(ii), 25 per cent of the amount by which the gross returns of a catch exceed the amount referred to in subparagraph (4)(c)(i).

SOR/80-576, s. 3; SOR/90-734, s. 9.

Labour Disputes

88. (1) For the purposes of the Act and these Regulations, a labour dispute shall, in relation to fishermen, include any dispute between employers of fishermen and fishermen or between fishermen and fishermen that is connected with the unit price from which the returns of a catch are calculated.

(2) Where a labour dispute arises concerning the unit price from which the returns of a catch are calculated or concerning any other matter affecting a type of fishing generally, and as a consequence thereof a particular type of fishing is not begun or is not carried on further, subsection 31(1) of the Act applies in such a manner that any fisherman who had any fishing insured weeks during:

(a) the six-week period that commenced on the Sunday immediately preceding the day and month in the immediately preceding calendar year that is the same day and month as the day and month in the current calendar year on which the stoppage of work commenced; or,

(b) the six-week period that immediately preceded the most recent Sunday before the day on which the stoppage of work commenced, shall be deemed to be an insured person who has lost his employment by reason of a stoppage of work attributable to a labour dispute at the factory, workshop or other premises at which he was employed; unless he proves that,

(c) during the periods described in paragraphs (a) and (b), he was not engaged in the particular type of fishing affected by the labour dispute;

(d) at the time the stoppage of work commenced and during the six weeks immediately preceding the stoppage, the fisherman was regularly engaged in an insurable employment other than fishing;

(e) at the time the stoppage of work commenced and during the six weeks immediately following the commencement of the stoppage, the fisherman 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,

(f) the fisherman was not participating in or financing or directly interested in the labour dispute.

(3) Subsections 31(2) and (3) of the Act do not apply to a fisherman referred to in subsection (2) of this section.

SOR/90-734, s. 10.

General

89. The following provisions shall, as provided for by subsection 130(4) of the Act, come into force on November 18, 1990:

(a) all that portion of subsection 84(2) preceding paragraph (a) thereof;

(b) subsection 84(3);

(c) subparagraph 84(9)(b)(iv);

(d) paragraph 84(10)(a);

(e) subsection 84(12);

(f) subsection 85(4);

(g) subsection 85(12); and,

(h ) subsection 85(13).

SOR/90-735, s. 3.

89.1 [Repealed, SOR/81-117, s. 1].

PART VI
WORK SHARING BENEFITS

90. [Repealed, SOR/90-756, s. 23].

91. Work sharing benefits are payable to a claimant who is employed in work sharing employment for each week of unemployment that falls in a benefit period established for him and, subject to this Part, the Act and any regulations made thereunder apply to the claimant, with such modifications as the circumstances require.

92. An interruption of earnings occurs, in respect of a person employed in work sharing employment, at the beginning of the week in which there is a reduction of at least 10 per cent in the person's normal weekly earnings.

SOR/78-695, s. 2(F); SOR/84-634, s. 2; SOR/90-756, s. 24.

93. A claimant is not entitled to work sharing benefits for any week for which the claimant claims benefit under section 11 of the Act.

SOR/90-756, s. 24.

94. Where a benefit period has been established in respect of a claimant and for any week during that benefit period the claimant is employed in work sharing employment, the benefit period shall be extended by the aggregate of those weeks and subsections 9(8) and (9) of the Act shall apply, with such modifications as the circumstances require.

SOR/78-695, s. 3(F); SOR/90-761, s. 24.

95. Where a claimant becomes employed in work sharing employment and a waiting period or any portion thereof has not been served as required by section 12 of the Act or earnings have not been deducted as required by subsection 15(1) of the Act, the serving of the period or the deduction of the earnings shall be deferred until that employment has terminated.

SOR/90-761, s. 24.

96. (1) Earnings received for any week by a claimant from work sharing employment shall not be deducted from the work sharing benefits payable pursuant to section 24 of the Act.

(2) Where a claimant receives earnings for any week other than by reason of work sharing employment, the amount of those earnings that is in excess of an amount equal to 25 per cent of the claimant's rate of weekly benefit determined pursuant to section 13 of the Act shall be deducted from the work sharing benefits payable to the claimant in respect of that week.

SOR/78-695, s. 4(F); SOR/82-420, s. 1; SOR/90-761, s. 24; SOR/92-164, s. 21.

97. The rate of weekly benefit payable to a claimant employed under a work sharing agreement approved by the Commission for the purposes of section 24 of the Act is an amount that bears the same ratio to the claimant's rate of weekly benefit determined pursuant to section 13 of the Act that:

(a) the number of hours, days or shifts he did not work because of the work sharing agreement bears to;

(b) the number of hours, days or shifts that he would have worked according to his usual work schedule for that employer.

SOR/78-695, s. 4(F); SOR/82-420, s. 1; SOR/88-417, s. 1; SOR/90-761, s. 25.

97.1 [Repealed, SOR/82-246, s. 1].

98. [Repealed, SOR/84-32, s. 12].

99. Work sharing benefits shall not be taken into account for the purposes of paragraph 9(6)(c) of the Act or for determining the benefit payable under sections 18 and 20 of the Act.

SOR/78-710, s. 18; SOR/88-277, s. 11; SOR/90-756, s. 25.

PART VI.1
JOB CREATION

99.1[Repealed, SOR/90-761, s. 26].

99.2 Where a benefit period during which benefit has been paid pursuant to section 25 of the Act is terminated and a new benefit period is established for the purpose of allowing a claimant to continue to receive benefit, the Commission shall waive the waiting period in respect of that new benefit period.

SOR/79-85, s. 2; SOR/90-761, s. 27.

99.3 Benefit payable under section 25 of the Act shall be paid by warrant to the claimant.

SOR/79-85, s. 2; SOR/90-761, s. 27.

99.4 The benefit period of a claimant is extended to the end of the third week after the week in which the claimant separates from employment on the job creation project where the benefit period:

(a) is:

(i) current when the claimant begins employment on the project; or,

(ii) established while the claimant is employed on the project; and,

(b) would, but for this section, otherwise terminate.

SOR/79-85, s. 2; SOR/79-615, s. 3; SOR/84-357, s. 1; SOR/85-289, s. 2; SOR/86-30, s. 1; SOR/90-756, s. 26; SOR/92-164, s. 22.

99.5 Notwithstanding section 15 of the Act, earnings received for any week by a claimant from an employer or from any other source, by reason of the claimant's employment on a job creation project approved by the Commission for the purposes of section 25 of the Act, shall not be deducted from the benefit payable to the claimant for that week.

SOR/82-245, s. 1; SOR/90-761, s. 28; SOR/92-164, s. 22.

PART VII
COST OF ADMINISTRATION

100. (1) In this Part,

"average weekly earnings" for a month means the average weekly earnings for the month for the whole of Canada as determined by Statistics Canada; (rémunération moyenne hebdomadaire)

"base costs" means one-twelfth of the actual costs of administration of the Act for the base year before recovery for services rendered; (coût de base)

"base year" means the year 1976; (année de base)

"Consumer Price Index" for a month means the Consumer Price Index for the month for the whole of Canada as determined by Statistics Canada; (indice des prix à la consommation)

"Department" means the Department of Employment and Immigration; (ministère)

"escalation index" for a month means the aggregate sum of two-tenths of the ratio that the Consumer Price Index for the month bears to the Consumer Price Index for the corresponding month of the base year and eight-tenths of the ratio that the average weekly earnings for the month bears to the average weekly earnings for the corresponding month of the base year; (indice de progression)

"number of unemployment insurance beneficiaries" for a month means the number of unemployment insurance beneficiaries for the month for the whole of Canada as determined by the Commission; (nombre de bénéficiaires d'assurance-chômage)

"work load index" for a month means the ratio that the number of unemployment insurance beneficiaries for the month bears to the number of unemployment insurance beneficiaries for the corresponding month of the base year. (indice du volume des demandes)

(2) For the purpose of calculating the escalation index for a month, where Statistics Canada has published a revision of the Consumer Price Index or of the average weekly earnings for that month, the revision published most recently prior to the calculation shall be used.

SOR/78-516, s. 1; SOR/80-225, s. 1.

Application

101. For the period beginning on January 1, 1980 and ending on March 31, 1980, the costs of administration of the Act shall be an amount equal to the product obtained by multiplying:

(a) the base costs;

(b) the escalation index for each month of the period; and,

(c) the work load index for each month of the period.

SOR/78-516, s. 1; SOR/80-225, s. 1.

102. For the period beginning on April 1, 1980 and ending on December 31, 1980 and for each year thereafter, the costs of administration of the Act shall be the actual costs of administration of the Commission and the Department minus the sum of:

(a) the actual costs of administration of the Office of the Minister of Employment and Immigration;

(b) the actual costs of administration of the Immigration Act;

(c) the actual costs of administration of the Government Annuities Act;

(d) the actual costs of administration of the Government Annuities Improvement Act;

(e) the actual costs of administration of the National Training Act;

(f) the actual costs of administration of job creation programs;

(g) the actual costs of the relocation of that division of the Commission that administers the premium reduction program established pursuant to subsection 50(2) of the Act;

(h) the actual costs of administration of the Labour Adjustment Benefits Act;

(i) the actual costs of administration of any program or activity for which the Commission is responsible in whole or in part other than those authorized under this Act; and,

(j) the general administrative expenditures, contributions to employee benefit plans and the cost of services provided by other departments or agencies of Her Majesty that are related to those matters specified in paragraphs (a) to (i).

SOR/78-516, s. 1; SOR/80-225, s. 1; SOR/82-194, s. 1; SOR/83-490, s. 10; SOR/85-573, s. 1; SOR/90-761, s. 29.

PART VIII
DEVELOPMENTAL ASSISTANCE
Interpretation

103. In this Part,

"course or program" means a course or program referred to in subsection 26(1) of the Act; (cours ou programme)

"designated authority" means an authority designated by the Commission under subsection 26(1) of the Act; (autorité désignée)

"locality" in respect of a place, includes the area surrounding that place that is within reasonable commuting distance of that place; (localité)

"locality in which the claimant resides" means the locality in which the claimant ordinarily resided; (localité de résidence du prestataire)

"Northern Canada" means:

(a) the Northwest Territories;

(b) the Yukon Territory;

(c) Newfoundland;

(d) all localities in Quebec north of latitude 51 or east of Havre-Saint-Pierre;

(e) the Magdalen Islands;

(f) Anticosti Island;

(g) all localities in Ontario north of latitude 51;

(h) The Pas;

(i) Norway House;

(j) all localities in Manitoba north of latitude 50 30" between the western border of Ontario and the eastern shore of Lake Winnipeg and north of latitude 54 between the western shore of Lake Winnipeg and the eastern border of Saskatchewan;

(k) all localities included in the Saskatchewan Northern Administration District;

(l) Fort McMurray;

(m) all localities in Alberta north of latitude 57; and,

(n) all localities in British Columbia north of latitude 57; (Nord du Canada)

"public authority" has the same meaning as in the National Training Act; (administration publique)

"qualified claimant" means a claimant who qualifies to receive benefit under the Act and in respect of whom a benefit period has been established; (prestataire admissible)

"referred qualified claimant" means a qualified claimant who is referred to a course or program by a designated authority. (prestataire admissible dirigé)

SOR/91-73, s. 2.

DIVISION I
COURSE COSTS ASSISTANCE

104. (1) The Commission may pay as assistance, in respect of a referred qualified claimant, the costs, as determined by the Commission, of the course or program attended by the claimant.

(2) The assistance referred to in subsection (1) may be paid by the Commission:

(a) to the referred qualified claimant;

(b) to the organization or institution providing the course or program;

(c) to the designated authority, where there is an agreement between the Commission and the designated authority pursuant to which the designated authority has agreed to coordinate the provision of courses or programs to referred qualified claimants; or,

(d) to a province, where:

(i) the course or program is given by a public authority of the province; and,

(ii) there is an agreement between the Commission and the province to reimburse the province for the costs of courses or programs given in the province by a public authority of the province.

SOR/91-73, s. 2.

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