How to Apply for EI Fishing Benefits as a Self-Employed Fisher in Canada

Who qualifies for EI fishing benefits?

EI fishing benefits are a special part of Canada's Employment Insurance program for people who work as self-employed fishers. Service Canada defines a fisher for this purpose as a self-employed person engaged in fishing.

To receive regular fishing benefits, you must be unemployed in fishing, actively seeking work and unable to find a job. Your eligibility depends mainly on the amount of insurable earnings you earned through self-employment in fishing during the qualifying period.

This is an important difference from ordinary EI regular benefits. Fishing benefits are based on earnings rather than hours of insurable employment.

You can review the current federal rules on the EI fishing benefits overview.

How much do you need to earn from fishing to qualify?

The minimum amount depends on the unemployment rate in the EI economic region where you live. Under the current federal table, you need between $2,500 and $4,200 in qualifying self-employment fishing earnings.

If you previously received a written notice relating to a false statement or misrepresentation on an EI claim, the amount of fishing earnings required to qualify may be higher.

Check the current requirements on Service Canada's EI fishing eligibility page.

What are the summer and winter qualifying periods?

EI fishing benefits use special seasonal qualifying periods. The qualifying period can be no more than 31 weeks immediately before the start of the fishing benefit period.

• For a summer fishing claim, the qualifying period cannot start earlier than the week containing March 1.
• For a winter fishing claim, the qualifying period cannot start earlier than the week containing September 1.

If you had an earlier fishing benefit claim approved during the preceding 31 weeks, the new qualifying period generally runs from the beginning of the previous benefit period to the start of the new one.

When can summer and winter fishing benefits be paid?

The benefit periods are different from the qualifying periods used to calculate eligibility.

• A summer fishing benefit period extends from the week containing October 1 to the week containing June 15.
• A winter fishing benefit period extends from the week containing April 1 to the week containing December 15.

Regular fishing benefits can be paid for a maximum of 26 weeks, subject to the applicable benefit period ending earlier.

Because the summer and winter periods overlap, some fishers can have enough qualifying earnings for either type of claim. Federal EI guidance states that when a fisher is eligible for either a summer or winter fishing claim, the fisher chooses which benefit period to claim and that decision is not reversible.

What if you also have regular employment outside fishing?

A fishing claim is not simply an alternative that you can choose whenever you have fishing income. Employment and Social Development Canada's EI guidance states that a fundamental qualification rule is that a fisher must not qualify for a regular non-fishing claim.

If your non-fishing employment gives you enough insurable hours to establish an ordinary regular EI claim, the non-fishing claim must be established. Fishing earnings that fall within the applicable period may still affect the calculation under the EI rules.

What information do you need before applying?

Service Canada requires information about both your fishing activity and any other employment. Have the following ready before opening the online application:

• your Social Insurance Number;
• your date of birth;
• the last name at birth of one of your parents;
• your residential and mailing addresses, including postal codes;
• the names and addresses of all buyers of your catch and employers;
• the dates when you were engaged in self-employed fishing;
• dates of any other employment;
• reasons for separation from fishing and other employment during the last 52 weeks;
• your financial institution, branch and account numbers for direct deposit.

If your SIN begins with 9, you also need to provide proof of immigration status and a work permit.

When should you apply for EI fishing benefits?

Apply as soon as possible. Service Canada says you should submit your application no later than four weeks after any of the following events that applies to you:

• your last day of work;
• the end date of your fishing trip;
• the date you sold your catch to a buyer.

You may lose benefits if you apply late.

EI rules also contain an administrative filing rule for fishing claims where an application can be treated as timely when it is made no later than four calendar weeks after the calendar week in which the fishing trip ended for a fresh catch, or in which a cured catch was purchased. If you need the claim to begin earlier after a longer delay, separate antedate rules can apply and you may need to establish good cause for the delay.

How do you apply online?

To receive EI fishing benefits, you must submit an online Employment Insurance application. Benefits are not issued automatically just because a buyer, agent or employer has submitted a Record of Employment.

Use the official EI fishing benefits application page and follow the application instructions.

Service Canada says the application takes about one hour to complete. If you cannot finish in one sitting, you receive a temporary password that lets you return to the application.

Your unfinished information is saved for 72 hours from the time you start. If you do not submit within that period, the information is deleted and you must start a new application.

Do you need Records of Employment from your fish buyers?

Records of Employment, commonly called ROEs, provide Service Canada with information it uses to determine eligibility and calculate benefits.

If a buyer or other employer submits an electronic ROE, it is transmitted directly to Service Canada and you do not need to send another copy.

If you receive a paper ROE, request all applicable paper ROEs issued during the previous 52 weeks or since the start of your last claim, whichever period is shorter. Send them to Service Canada as soon as possible after completing the online application.

Paper ROEs can be mailed or dropped off at a Service Canada Centre. You can also review electronic ROEs available to you through My Service Canada Account.

Which fishing earnings count toward your claim?

For EI fishing purposes, a fisher's insurable earnings generally come from the fisher's share of the proceeds from catches. Special calculation rules apply to boat owners and lessees.

Only fishing earnings associated with catches delivered during the relevant qualifying period are used for qualification or benefit-rate calculations. For fresh catches, earnings are allocated across the days of the fishing trip. For cured catches, the earnings are allocated according to the applicable delivery or purchase rules.

Because these calculations can be more complex than ordinary payroll earnings, make sure the information reported by your buyer and the fishing arrangements recorded for the catch are accurate.

Employment and Social Development Canada explains the calculation principles in its EI fishing benefit rate guidance.

How much can you receive?

Service Canada cannot determine your exact weekly benefit until it processes the claim. The calculation uses your total eligible earnings during the applicable fishing qualifying period.

The general calculation produces weekly insurable earnings and applies the EI benefit rate, currently 55 percent, subject to the maximum weekly EI benefit.

The divisor used in the fishing calculation varies according to the unemployment rate in your region. For that reason, two fishers with similar fishing earnings can receive different weekly benefit amounts depending on where they live and the earnings included in their qualifying periods.

You can review the current calculation on the EI fishing benefit amount page.

What happens after you apply?

After Service Canada receives your application, it reviews your fishing earnings, employment information, Records of Employment and other information needed to decide the claim.

If you are eligible and have provided everything required, Service Canada states that you should receive your first payment about 28 days after applying.

You will also receive an EI benefit statement by mail containing a four-digit access code. The access code and your SIN can be used to access EI services. Receiving the benefit statement does not mean that the claim has been approved.

You can follow the status of your application through My Service Canada Account. See the official after-you-apply guidance.

What must you do while receiving fishing benefits?

Under the current EI rules, there is generally a one-week waiting period before benefits begin to be paid.

You must also submit EI reports every two weeks to continue receiving benefits and demonstrate that you remain eligible.

While receiving regular fishing benefits, you must comply with EI availability and job-search requirements. Service Canada instructs claimants to:

• be ready, willing and capable of working each day;
• actively look for work;
• keep a written record of employers contacted and retain the job-search record for six years;
• report periods when you are unavailable for work;
• report employment and self-employment;
• accurately report earnings before deductions;
• report absences from your area of residence or from Canada;
• notify Service Canada about relevant changes affecting the claim.

What if Service Canada denies your fishing benefits claim?

If Service Canada decides that you are not eligible, it will notify you of the decision. If you disagree, you can request a reconsideration.

The request normally must be made within 30 days after the decision was communicated to you.

A reconsideration is different from submitting another initial application. It asks the Canada Employment Insurance Commission to review the decision that has already been made on your claim.

Common mistakes to avoid

• Do not calculate eligibility using hours worked. Regular EI fishing benefits are based primarily on qualifying fishing earnings.
• Do not wait more than four weeks after the relevant work, fishing trip or catch-sale event before applying if you can avoid it.
• Do not wait for a buyer's paper ROE before submitting the online application. You can provide required documents afterward.
• Include all buyers of your catch and any other employers requested by the application.
• Report periods of both self-employed fishing and other employment accurately.
• If you receive paper ROEs, send them to Service Canada as soon as possible after applying.
• Do not assume you can choose a fishing claim if you already qualify for a regular non-fishing EI claim.
• If you start an online application, submit it within 72 hours or the saved information will be deleted.
• After approval, keep completing your biweekly EI reports and continue meeting availability and job-search requirements.