Vol. 151, No. 23 — November 15, 2017

Registration

SOR/2017-227 October 26, 2017

EMPLOYMENT INSURANCE ACT

Regulations Amending the Employment Insurance (Fishing) Regulations

P.C. 2017-1290 October 26, 2017

RESOLUTION

The Canada Employment Insurance Commission, pursuant to section 153 of the Employment Insurance Act (see footnote a), makes the annexed Regulations Amending the Employment Insurance (Fishing) Regulations.

Ottawa, October 2, 2017

Louise Levonian
Chairperson
Canada Employment Insurance Commission

Her Excellency the Governor General in Council, on the recommendation of the Minister of Employment and Social Development, pursuant to section 153 of the Employment Insurance Act (see footnote b), approves the annexed Regulations Amending the Employment Insurance (Fishing) Regulations, made by the Canada Employment Insurance Commission.

Regulations Amending the Employment Insurance (Fishing) Regulations

Amendments

1 (1) Subsection 8(11.1) of the Employment Insurance (Fishing) Regulations (see footnote 1) is replaced by the following:

(11.1) Despite subsection (11) and subject to the applicable maximums referred to in subsections (17) and (18), a fisher’s benefit period shall be extended by one week for each week in respect of which the fisher is entitled to special benefits under section 21, 22, 23, 23.1, 23.2 or 23.3 of the Act, but shall not exceed a maximum of 52 weeks.

(2) Subsections 8(11.3) to (11.5) of the Regulations are replaced by the following:

(11.3) Despite subsection (11) and subject to the applicable maximums referred to in subsection (17), if, during a fisher’s benefit period, benefits were not paid to the fisher under subsection (12), benefits were paid to the fisher for more than one of the reasons mentioned in paragraphs 12(3)(a) to (f) of the Act and at least one of those benefits was paid for fewer than the applicable maximum number of weeks established for those reasons, and the maximum total number of weeks established for those reasons is greater than 50, the benefit period is extended so that those benefits may be paid up to that maximum total number of weeks.

(11.31) If, during a fisher’s benefit period, neither benefits under subsection (12) nor benefits for any reason mentioned in paragraph 12(3)(a), (c), (d), (e) or (f) of the Act were paid to the fisher but benefits were paid to the fisher for the reason mentioned in paragraph 12(3)(b) of the Act in the case where the applicable maximum number of weeks is established in subparagraph 12(3)(b)(ii) of the Act, the benefit period is extended by 26 weeks so that benefits may be paid up to that maximum number of weeks.

(11.32) If, during a fisher’s benefit period, benefits were paid under subsection (12) and also for the reason mentioned in paragraph 12(3)(b) of the Act in the case where the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii) of the Act, and benefits were paid for fewer than the total number of weeks established under subsection (18) as determined by subsection (18.1), the benefit period is extended so that benefits may be paid up to that total number of weeks. The extension must not exceed 26 weeks.

(11.33) Only the benefits under subsection (12) and benefits for any reason mentioned in paragraphs 12(3)(a) to (f) of the Act that were paid during the fisher’s benefit period before it was extended under subsection (11.32) are payable during that extension.

(11.4) Any extension under subsections (11.1) to (11.32) shall not result in a benefit period of more than 104 weeks.

(11.5) Subject to subsection (11.4), unless the benefit period is also extended under any of subsections (11.1) to (11.21), an extension under subsection (11.3) shall not result in a benefit period of more than the sum of two weeks and the total of the maximum number of weeks established under subsection 12(3) of the Act for each of the benefits paid to the fisher for one of the reasons mentioned in paragraphs 12(3)(a) to (f) of the Act during the fisher’s benefit period before it was extended under subsection (11.3).

(3) Subsection 8(14) of the Regulations is replaced by the following:

(14) A benefit period established under subsection (1) or (6) shall not be extended beyond the date determined in accordance with any of subsections (11) to (11.32).

(4) Section 8 of the Regulations is amended by adding the following after subsection (18):

(18.1) For the purpose of determining whether the total number of weeks of benefits established under subsection (18) has been reached, in the case where benefits have been paid to a fisher for the reason mentioned in paragraph 12(3)(b) of the Act and the applicable maximum number of weeks is established under subparagraph 12(3)(b)(ii) of the Act,

2 (1) Subsection 12(3) of the Regulations is replaced by the following:

(3) Subject to subsection (4), sections 22 to 23.3 of the Act apply to the payment of special benefits under this section.

(2) Paragraph 12(4)(b) of the Regulations is replaced by the following:

(3) Subsection 12(4.1) of the Regulations is replaced by the following:

(4.1) A fisher to whom benefits are payable under any of sections 23 to 23.3 of the Act and whose claim for benefits because of illness, injury or quarantine is made for a week that begins on or after the day on which this subsection comes into force is not disentitled under paragraph (4)(a) for failing to prove that they would have been available for work were it not for the illness, injury or quarantine.

3 Subsection 14.4(b) of the Regulations is replaced by the following:

Coming into Force

4 These Regulations come into force on the day on which section 229 of the Budget Implementation Act, 2017, No. 1, chapter 20 of the Statutes of Canada, 2017, comes into force, but if they are registered after that day, they come into force on the Sunday after the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2017-226, Regulations Amending the Employment Insurance Regulations.