Digest of Benefit Entitlement Principles - Chapter 15

15.9.0    UNEMPLOYMENT OF FISHERS

15.9.1     Disqualifications and Disentitlements

15.9.0    UNEMPLOYMENT OF FISHERS

Claimants who establish fishing claims are considered to be unemployed and available for work with respect to their fishing activities during the summer or winter benefit periods¹.

For the purpose of the above, a person who is ordinarily a fisher does not cease to be a fisher while engaged in any of the incidental work referred to in the definition of "fisher"², even though the person is not engaged in making an actual catch during that time³.

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1. EIR (Fishing) 9(1); EIR (Fishing) 9(3);
2. EIR (Fishing) 1(1);
3. EIR (Fishing) 9(6).

15.9.1    Disqualifications and Disentitlements

Fishers are required to accept suitable work in fishing when it is offered. Where there is no good cause for refusal, a disqualification may be imposed¹ for a number of weeks from 7 to 12 weeks. Any unserved portion of a disqualification will not be carried forward to a subsequent claim².

An indefinite disqualification for misconduct or voluntarily leaving without just cause³ does not apply when establishing a benefit period for a fisher⁴. Therefore, indefinite disentitlements for suspension (misconduct proven) authorized leave of absence (without just cause) and anticipated loss of employment are not applied when establishing a fishing claim.

Once a fishing claim has been established, a disqualification for an indefinite period⁵ can apply during the fishing benefit period if the claimant voluntarily quits without just cause an employment other than in fishing or loses an employment other than in fishing by reason of misconduct during the benefit period. No disqualification is imposed for leaving or losing a self-employment⁶.

To not be disqualified for an indefinite period⁷ during a fishing benefit period, the claimant must have accumulated, since the date of event, either the amount of insurable earnings in fishing employment that is required to qualify for fishing benefits or the amount of insurable earnings in non-fishing employment that is required to qualify for regular non-fishing benefits. In both cases, the fishing claim can then be renewed without the imposition of a disqualification until the claim expires.

Once a claimant is disqualified for an indefinite period⁸ on a fishing claim, the claimant must re-qualify on a new regular non-fishing claim or a new fishing claim. To re-qualify, the claimant must have accumulated, since the date of event, either the amount of insurable earnings in fishing employment that is required to qualify for fishing benefits or the amount of insurable earnings in non-fishing employment that is required to qualify for regular non-fishing benefits. In both cases, a new initial claim, regular or fishing, must be established.

A previous indefinite disqualification on a regular non-fishing claim does not prevent the establishment of a fishing claim where the claimant has accumulated the number of hours in fishing employment that is required to qualify for a fishing claim and could not re-qualify on a regular non-fishing claim. The previous regular claim must then be cancelled or terminated. This situation is the only situation where a regular claim can be terminated in order to establish a fishing claim.

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1. EIA 28(2); EIA 28(5); EIA 28(6); EIA 28(7);
2. EIR (Fishing) 9(4); EIR (Fishing) 9(5);
3. EIA 30;
4. EIR (Fishing) 8(19);
5. EIA 29; EIA 30;
6. EIR (Fishing) 2;
7. EIA 29; EIA 30;
8. EIA 29; EIA 30.