Digest of Benefit Entitlement Principles - Chapter 15

15.11.0    FISHING INSURED EARNINGS ON A REGULAR NON-FISHING CLAIM

Where a claimant qualifies for regular non-fishing claim, the fishing earnings that fall in the rate calculation period can be used in the calculation of the benefit rate. However, fishing earnings do not increase the divisor.

Furthermore, a conversion formula based on the minimum wage is necessary to convert fishing earnings into weeks or hours of insurable earnings for the purpose of determining how many weeks of benefits can be received. The same formula is used in other instances when conversion is necessary, for example, labour force attachment¹.

The number of weeks/hours is determined by converting the insured fishing earnings to:

• hours of insurable employment as a fisher by dividing those earnings in the qualifying period by the minimum wage, or
• weeks of insurable employment as a fisher by dividing those earnings in the qualifying period by the product of the minimum wage multiplied by 35².

If the date of delivery of a catch falls within the rate calculation period of a regular non-fishing claim, the insured earnings of the fisher from employment as fisher are allocated equally to each day of the fishing trip and earnings for any day falling outside the rate calculation period are not be included in the calculation of the benefit rate³.

A week of insurable employment as a fisher, as determined by the conversion of fishing earnings to weeks in the second paragraph above, represents a week of participation in the labour force for the purpose of determining whether the claimant is a new entrant/re-entrant⁴.

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1. EIR (Fishing) 13(3);
2. EIR (Fishing) 13(1)(a);
3. EIR (Fishing) 13(1)(b);
4. EIA 7(4); EIR (Fishing) 13(2).