EMPLOYMENT INSURANCE |
Nash v. Canada (Attorney General)
A-740-00
2001 FCA 183, Rothstein J.A.
4/6/01
4 pp.
Judicial review of Umpire's decision applicant not entitled to employment insurance--Applicant fisherman from June 29 to July 27, 1999--Enrolled in full-time construction industry electrical course from August 31, 1999 to June 30, 2000--While enrolled in course applied for employment insurance--Entitled to apply for benefits as fisherman because met minimum income requirements under Regulations--Employment Insurance Act, s. 18(a) providing claimants not entitled to benefits if not available for work--Applicant arguing Employment Insurance (Fishing) Regulations, s. 9(3) exception to s. 18(a)--S. 9(3) providing fisher unemployed, available for work in respect of fisher's employment, engagement or operation of business in fishing, whether insurable employment or not, during benefit periods referred to in s. 8(11)--Applicant submitting s. 9(3) deeming fisherman to be unemployed, available for work during benefit period, notwithstanding may not be unemployed or available for work--Such interpretation ignoring words "in respect of fisher's employment, engagement or operation of a business in fishing, . . . during the benefit periods referred to in subsection 8(11)"--These words interpreted to mean that even though fisherman not engaged in catching fish, but involved in work incidental to fishing, such as repairing nets or machinery on fishing vessel during benefit period, will not be considered as employed or unavailable for work so as to be disqualified from receiving employment insurance--Only employment, engagement or operation of business in fishing during benefit period entitling fisherman to be deemed unemployed, available for work for purposes of employment insurance--As attending full-time course during benefit period, appellant subject to s. 18(a)--Because not available for work, not entitled to be paid employment insurance--Application dismissed--Employment Insurance Act, S.C. 1996, c. 23, s. 18(a)--Employment Insurance (Fishing) Regulations, SOR/96-445, s. 9(3).