Digest of Benefit Entitlement Principles - Chapter 15

15.3.0    QUALIFYING PERIOD

15.3.1     Length of the Fishing Benefit Periods
15.3.2     Possible Qualification for Either Summer or Winter Fishing Claims

15.3.0    QUALIFYING PERIOD

The qualifying period during which earnings may be accumulated benefits will start no earlier than the preceding week of March 1 for a summer fishing claim and no earlier than the preceding week of September 1 for a winter fishing claim¹.

The maximum length of the qualifying period is 31 weeks counting back from the week prior to the beginning of the benefit period. There can be no extension².

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1. EIR (Fishing) 8(4); EIR (Fishing) 8(9);
2. EIR (Fishing) 8(5); EIR (Fishing) 8(10).

 15.3.1    Length of the Fishing Benefit Periods

The benefit period for a summer fishing claim extends from the week of October 1 to the week of June 15. The benefit period for winter fishing claim extends from the week of April 1 to December 15¹.

A benefit period for regular fishing benefits ends with the earlier of:

1) the week in which the maximum number of benefits (26 weeks) has been reached; and
2) the week in which the maximum duration of the benefit period as specified in the regulation² has been reached.

The benefit period cannot be extended while claiming regular fishing benefits.³

The benefit period can be extended to a maximum of 52 weeks in situations where special benefits are claimed⁴. For each week of special benefits claimed, the benefit period would be extended by one week up to a maximum of 52 weeks⁵. This provision applies where the birth or the placement for adoption of a child or where the first day of incapacity falls after December 30, 2000.

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1. EIR (Fishing) 8(1); EIR (Fishing) 8(6);
2. EIR (Fishing) 8(1) ; or EIR (Fishing) 8(6) ;
3. EIR (Fishing) 8(11) ;
4. EIR (Fishing) 8(17) & (18), see 15.7.0 ;
5. EIR (Fishing) 8(11.1)

In situations where the birth or placement for adoption of a child is prior to December 31, 2000, refer to the legislation and Digest principles as previously read.

15.3.2    Possible Qualification for Either Summer or Winter Fishing Claims

As the two qualifying periods and benefit periods overlap and cover a full year, situations may arise in which the claimant has sufficient insured earnings to qualify for either winter or summer fishing benefits. The decision as to which fishing benefit period, summer or winter, is claimed rests with the claimant and the decision is not reversible.