3. How are my benefits calculated?

Once the divisor is determined, total earnings in the qualifying period (31 weeks before filing for benefits or the period since you last filed for benefits if it is less than 31 weeks) are divided by the divisor and multiplied by 55%.

Example: $8,500 (earnings) divided by 14 = $607.14 x 55% = $334 weekly EI benefits.

4. What is the qualifying period?

The qualifying period is the period in which your earnings must fall. It can change based on when you file for benefits.

The qualifying period is the 31 weeks prior to opening a claim or the period since the beginning of your last benefit period, if less than 31 weeks. Only earnings in this period are used to calculate your rate.

As an Employment Insurance (EI) claimant, you have always been responsible for conducting reasonable job searches, documenting your job search activities and accepting any offer of suitable employment while receiving EI regular and fishing benefits. You need to be looking for work even while on recall, though you will not have to take employment that is not suitable.

5. Can I open two claims in a year?

Yes, if you have enough earnings (income) and if those earnings fall in your qualifying period. With enough earnings, fish harvesters can open a winter and summer claim.

The qualifying period for summer fishing benefits can’t start earlier than the week of March 1. For winter fishing benefits, it can’t start earlier than the week of September 1. The qualifying period also can’t start more than 31 weeks immediately before the start of a benefit period.

If you applied for benefits earlier and your application was approved in the last 31 weeks, the qualifying period is from the start of the previous benefit period to the start of your new benefit period.

6. Can I cancel a fishing claim in order to open another claim?

Yes. You can cancel a fishing claim at any time and open another claim, as long as you have enough earnings to do so.

7. I’ve heard about opening two claims and splitting my earnings. How does this work?

Don’t delay filing (mailing) your application for Fishing EI benefits. Waiting to apply for benefits until weeks after you have requested a record of employment from the fish buyer or weeks after you have earned enough for a decent EI claim may cost you thousands of dollars in EI benefits down the road.

There have been numerous cases of fish harvesters who failed to qualify for a winter claim (e.g. they filed a claim for benefits in December only to find out that delaying the filing of the previous claim in June meant they did not have enough earnings for the December claim because all their earnings fell into the qualifying period for the June claim).

You do not need an ROE to apply for benefits. You can apply and submit the Record of Employment or Record of Earnings later. The key is to apply/file claim with the local Service Canada office or through the mail once you have requested a ROE from the fish buyer.

The date you apply for benefits determines your qualifying period. The qualifying period is the 31-week period prior to filing for benefits (or since your last benefit period was establish). This period is examined to determine a person’s earnings and benefit rate. Once you have applied for benefits, any earnings you have from fishing will be used towards a future claim. When you delay filing, earnings that you thought could be used for a future EI claim will be ineligible.

Dates to remember: Once the claim has been filed, any fishing income earned after that claim has been opened will be used towards that next claim for benefits. Any income earned after you open the winter claim can be used towards your next summer claim. Don’t forget to report your earnings exactly if you are fishing.

Example:

Earned $12,525 from fishing between April 15 and June 10. Requested Record of Employment from the buyer for this period.
Continued to fish without applying for EI benefits.
Did not apply for benefits until June 15.
Between June 10 and July 15, you earned another $8,500.
After July 15 and until the end of the fishing season you earned $5,000.
Because you waited until July 15 to apply (file a claim for benefits), the earnings up to and including July 15 will be considered earnings for the summer claim. Only those earnings from fishing that were accumulated after you applied for benefits (in other words only the $5,000) will be used to calculate your benefit rate for the winter claim.
The result: Your winter claim is based on only $5,000 income instead of $13,500.

8. What happens if a fishing trip starts in one week and ends in another week and I have an EI claim open?

A week for the purposes of reporting earnings on your EI claim is Sunday to Saturday. If you start a fishing trip on a Friday or Saturday and return to port on a Monday or Tuesday, then any fishing earnings must be reported as having occurred in two separate weeks.           

Example: You earned $1,000 in a fishing trip that started on a Saturday and ended on a Monday. This means Saturday is in one week and Sunday and Monday fall into the second week. The $1,000 is split among the three days for purposes of reporting earnings. Therefore, earnings are reported as $333 in one week and $667 for the other week.

9. What happens if I have fishing earnings and earnings from regular employment? How will this affect my EI claim?

When you file for EI benefits, your employment history is examined. If you have enough hours of work on land, you will automatically be set up on a Regular claim for benefits, but if your earnings from fishing fall within the qualifying period too, they will be used to help boost your benefit rate.

If you do not qualify for a Regular claim (because you didn’t have enough hours), but do qualify for a Fishing EI claim, any earnings from regular employment will also be used in the calculation of your rate, if those earnings fall in the qualifying period.

But remember: if you become eligible for regular benefits, you cannot cancel that regular claim for benefits to establish a fishing claim down the road. You must collect all benefits in which you are entitled.

10. Depending on my annual income, will I have to pay back any EI benefits?

Yes. At the time you file your income tax return, depending on your net income and if you were paid regular benefits, including regular fishing benefits, you may be required to repay some of the EI benefits you receive.
If your 2023 net income from all sources exceeds $76,875 you will be required to repay 30% of the lesser of:
– your net income in excess of $76, 875; or
– the total regular benefits, including regular fishing benefits, paid in the taxation year.

11. What if my EI claim is denied?

You can request a reconsideration of the decision. You must submit a request for reconsideration within 30 days after the decision was communicated to you. You can contact Service Canada to help you with your reconsideration request.

NOTES

• You can cancel a fishing claim and open a new fishing claim if you feel it is to your advantage and you meet qualifying criteria.
• Insurance earnings include all fishing income from an enterprise after 25% has been deducted from total gross sales. It can also include earnings from “land” employment.
• Beware of clawback rules: Fish harvesters, like all other claimants, are subject to a $76,875 clawback threshold. Once you have earned this much in a year, you will have to repay 30% of every dollar above the threshold. This is determined at tax time.
• To qualify for EI special benefits (sickness, maternity, parental and caregiving), you must earn $3,760 or more from self-employment in fishing during the qualifying period.
• You must get a ROE (Fishing Record of Employment) from your buyer(s), but you can file a claim without the ROE and submit it when you receive it. It is critical to file a claim right awayas it is the filing of the claim that determines the qualifying period, the benefit period, and your next qualifying period.
• Filing at the right time and cancelling a claim, if needed, can make a difference in thousands of dollars in EI benefits or in you qualifying for any benefits.

Please contact your FFAW-Unifor staff representative if you have any questions.

CLICK HERE FOR THE UPDATED FISHING EI BENEFITS FAQ

Service Canada Helpline: 1-800-959-5525