Digest of Benefit Entitlement Principles - Chapter 15

15.5.0    DETERMINATION OF THE BENEFIT RATE

Although no official declaration is required, information regarding those participating in making a catch and the share arrangements of the participants must be provided to the buyer, the usual "deemed" employer, for taxation and insurability purposes. Records of employment completed by the employer/buyer and income tax information must be in accord¹.

The insurable earnings of a fisher are the fisher's share of proceeds from the sale of catches based on the share arrangements of the participants. For boat owners or lessees, shares, wages and salaries plus 25% of the gross value of the sales, are deducted. There is no minimum amount of weekly earnings².

For insurable earnings to be used to qualify for benefits or for calculating the benefit rate of a fisher, they must come from catches delivered in the qualifying period. If the catch is fresh, earnings are allocated equally to each day of a fishing trip and assigned to the appropriate weeks³.

If a trip starts prior to the beginning of the qualifying period and ends after the start of the qualifying period, insurable earnings are allocated equally to each of the days of the trip and only those earnings within the qualifying period are counted⁴.

To calculate the benefit rate, fishing earnings which fall in the qualifying period are added to those reported on records of employment from other employers and divided by a divisor ranging from 14 to 22 based on the regional rate of unemployment and found in the Table⁵.

Earnings from non-fishing employment where the claimant quit voluntarily without just cause or lost the employment for reasons of misconduct are excluded from the calculation of the benefit rate⁶.

The insurable earnings from insured employment other than fishing, which would fall in both the non-fishing rate calculation period and the fishing qualifying period, are converted to a weekly amount by applying the divisor⁷. They are added to the insurable earnings from fishing as determined above⁸.

The total weekly insurable earnings from fishing and other employment are used to establish the benefit rate. The claimant's weekly benefit rate is the weekly amount multiplied by the percentage benefit rate that applies usually 55%. ⁹ However the maximum benefit rate will not exceed $413, and 55% of the maximum yearly insurable earnings divided by 52¹⁰.

For weeks of benefits paid effective June 30, 1996 to September 30, 2000 inclusive, the percentage benefit rate is reduced for those claimants who have received more than 20 weeks of benefits¹¹.

________________________

1. EIR (Fishing) 3; EIR (Fishing) 4; EIR (Fishing) 6;
2. EIR (Fishing) 5(2); EIR (Fishing) 5(3); EIR (Fishing) 5(4);
3. EIR (Fishing) 5(5); EIR (Fishing) 5(6);
4. EIR (Fishing) 5(6);
5. EIA 14(2); EIR (Fishing) 13(1)(a)(i);
6. EIR (Fishing) 8(13)(a)(ii);
7. EIA 14(2); EIA 14(3);
8. EIR (Fishing) 8(13)(a)(ii);
9. EIR (Fishing) 2; EIR (Fishing) 8(13)(b); EIA 14(1);
10. EIA 17;
11. EIR (Fishing) 2; See transitional provision 12(1) of C-2.