Vol. 134, No. 33 — August 12, 2000

Regulations Amending the Boating Restriction Regulations

Statutory Authority

Canada Shipping Act

Sponsoring Department

Department of Fisheries and Oceans

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The Boating Restriction Regulations, made under the Canada Shipping Act, provide for the establishment of restrictions to navigation in Canadian waters to promote public safety, protect property near shore and ensure safe navigation. Increased watercraft activity and the technical evolution of watercraft raise concerns about safety and result in requests for new restrictions on an annual basis. The restrictions under the Regulations can prohibit boats from entering specified areas, restrict the mode of propulsion used, specify limits on engine power and speed, and limit water-skiing activities and regattas to specified locations and times.

Each year, individual property owners, associations or committees of cottage or property owners and/or municipalities submit requests for new restrictions to their Designated Provincial Authority (DPA), as defined in the Regulations. The DPA of each province, after review and consultation, then submits the requested restrictions to the Department of Fisheries and Oceans (DFO) for inclusion in the Regulations. DFO provides technical advice to provinces, reviews provincial submissions for technical accuracy, audits submissions for compliance with Federal Regulatory Policy and compiles all provincial submissions into one national package of annual amendments.

Speed limit restrictions and boating prohibitions

The current initiative will add 22 area-specific speed limits as requested by municipalities in Ontario, Quebec and British Columbia. These speed limit restrictions are intended to ensure the safety of people engaged in water activities near shore as well as ensuring boater safety. In addition, in four small, shallow bodies of water in Saskatchewan and Quebec, prohibitions on the use of all boats or the use of non-electric boats have been requested in order to prevent the escape of gasoline into the water and thereby protect the quality of drinking water in those areas.

Vessel operation restrictions for persons under 12

In January 1999, provisions were established that restrict the use of certain vessels by people under 12 in order to ensure their safety. The regulations prohibit adults from allowing a person under 12 to operate a personal watercraft or, without adult supervision, a pleasure craft that has an engine power greater than 7.5 kilowatts.

However, while the regulations prohibit an adult from allowing a person under 12 to operate these pleasure crafts, they do not specifically state that a person under 12 is not permitted to operate these pleasure crafts. Enforcement agencies have raised concerns that the original intent of these regulations — that a person under 12 is not to operate these types of pleasure crafts — is unclear.

In order to ensure the intent of the regulations is clear, the Regulations are being amended by adding a provision that prohibits a person under 12, without adult supervision, from operating a pleasure craft that has an engine power greater than 7.5 kilowatts. The provision that prohibits a person between 12 and 16 from operating personal watercraft is being amended to apply to a person under 16, thereby including a person under 12.

These amendments clarify the original intent of the power restriction provisions established in January 1999. They will also help further ensure the safety of young people by enabling enforcement officers to stop persons suspected of being under 12 when they are found operating these types of vessels without adult supervision.

Administrative changes

In addition to the above, this submission includes an administrative amendment which will change the term "peace officer" to "enforcement officer" throughout the Regulations. This is being done to make these Regulations consistent with other Regulations under the Canada Shipping Act.

As well, a number of corrections will be made which were brought to DFO's attention by the Standing Joint Committee for the Scrutiny of Regulations. These involve the correction of five discrepancies between the English and French versions of the Regulations.

Alternatives

The only alternative is the status quo which is unacceptable as it will not improve public safety, protect shoreline property or promote safe navigation in Canadian waters.

Benefits and Costs

These amendments will protect boaters and people involved in shoreline activities by lowering speed limits in some areas and by prohibiting certain types of boating in other areas.

The safety of young people will also be improved by prohibiting them from operating certain types of vessels.

While these amendments will limit boaters' freedom to operate in certain bodies of water, the benefits of improved safety for swimmers and young people outweigh the costs. The minor administrative costs related to these amendments are incurred in posting signs once restrictions are in place. These costs are borne by the municipalities or organizations requesting the amendments.

Consultation

These restrictions are being requested by local authorities (generally municipalities). Under the provisions of a Memorandum of Understanding between the federal government and the provinces, the latter have the responsibility of ensuring that full consultation with local stakeholders has taken place for each proposed restriction.

The public consultation process used in developing these amendments included advertisement in local newspapers and leaflet distribution in the areas concerned during the summer period when stakeholders are in the area. This was followed by town hall type meetings and in certain circumstances direct written correspondence to specific stakeholders. Individual property owners, associations or committees of cottage or property owners and/or municipalities affected by the proposed Regulations were consulted and encouraged to provide comments.

A detailed guide, produced by the Canadian Coast Guard, on the process for establishing new boating restrictions is widely available from Designated Provincial Authorities, Canadian Coast Guard Offices of Boating Safety across the country, the Boating Safety Web site and through the Boating Safety 1-800 Infoline.

The speed limit restrictions and boating prohibitions contained in these amendments were requested by stakeholders and are fully endorsed by all consulted.

Extensive public consultations were conducted between 1995 and 1997 when the power restriction amendments were developed. At that time, the intent understood by all consulted was that persons under 12 were not to operate the vessels mentioned above. The current amendments simply clarify the original intent of the regulations implemented in January 1999.

Publication of these amendments in of the Canada Gazette, Part I, will allow an additional opportunity for public comment.

Compliance and Enforcement

These Regulations are enforced by federal, provincial and municipal agencies through an existing program. The Boating Restriction Regulations provide for fines up to $500 upon conviction of contraventions. The Contraventions Regulations provide for the issuance of tickets with prescribed fines for specific contraventions under the Boating Restriction Regulations. Also, the Canada Shipping Act provides for penalties upon conviction of up to $2,000. Current enforcement costs are shared among the enforcement agencies at the federal, provincial and municipal levels. No increase in the cost of enforcement is expected. However, an improvement in enforcement is expected in regard to protecting the safety of young people.

Contacts

Jean Pontbriand, Office of Boating Safety, Canadian Coast Guard, Department of Fisheries and Oceans, Ottawa, Ontario K1A 0E6, (613) 998-1433 (Telephone), (613) 996-8902 (Facsimile); or Sharon Budd, Regulatory Analyst, Department of Fisheries and Oceans, Ottawa, Ontario K1A 0E6, (613) 993-0982 (Telephone), (613) 990-0120 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 562(3) of the Canada Shipping Act, proposes to make the annexed Regulations Amending the Boating Restriction Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Jean Pontbriand, Office of Boating Safety, Canadian Coast Guard, Department of Fisheries and Oceans, Ottawa, Ontario K1A 0E6. (Tel.: (613) 998-1433; fax: (613) 996-8902)

Ottawa, July 27, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE BOATING RESTRICTION REGULATIONS

AMENDMENTS

1. (1) The definition "peace officer" in section 2 of the Boating Restriction Regulations(see footnote 1) is repealed.

(2) Section 2 of the Regulations is amended by adding the following in alphabetical order:

"enforcement officer" means

(a) a member of the Royal Canadian Mounted Police,

(b) a member of any harbour or river police force,

(c) a member of any provincial, county or municipal police force, or

(d) a person appointed by the Minister pursuant to section 11; (agent d'exécution)

2. Section 2.2 (see footnote 2) of the Regulations is renumbered as subsection 2.2(1) and is amended by adding the following:

(2) Subject to sections 2.4 and 2.5, no person who is under 12 years of age shall operate a pleasure craft that is propelled by a motor that has an engine power greater than 7.5 kW.

3. Subsection 2.5(2) (see footnote 3) of the Regulations is replaced by the following:

(2) No person who is under 16 years of age shall operate a personal watercraft.

4. Part III of Schedule I to the Regulations is amended by adding the following after item 40:

Item	Column I Name given by the Gazetteer of Canada, or description	Column II General Location (where necessary)	Column III Location reference (Gazetteer of Canada reference system)
41.	That part of Kalamalka Lake known as Tamarack Park Beach at the foot of Tamarack Drive, buoyed and signed	Coldstream	50°13' 119°16'

5. Part V of Schedule I to the Regulations is amended by adding the following after item 4:

Item	Column I Name given by the Gazetteer of Canada, or description	Column II Local name	Column III Location reference (Gazetteer of Canada reference system)
5.	Douglas Lake	Creighton	54°44' 101°55'

6. Item 15 of Part II of Schedule II to the Regulations is repealed.

7. Item 5 (see footnote 4) of Part V of Schedule II to the Regulations is repealed.

8. Part I of Schedule III to the Regulations is amended by adding the following after item 153:

Item	Column I Name given by the Gazetteer of Canada, or description	Column II Local Name	Column III General Location	Column IV Location Reference (Gazetteer of Canada Reference System)
154.	Hart Lake	Hart Lake	East of Crooked River, Cariboo District	54°28.02' 122°39.00'

9. Part V of Schedule III to the Regulations is amended by adding the following after item 220:

Item	Column I Name given by the Répertoire toponymique du Québec, or description	Column II Local name	Column III Location reference (Répertoire toponymique du Québec reference system)
221.	Lac Bell	Lac Bell	45°38'56" 75°58'08"
222.	Lac Fraser	Lac Fraser	45°39'01" 75°58'30"

10. Part VI of Schedule III to the Regulations is amended by adding the following after item 9:

Item	Column I Name given by the Gazetteer of Canada, or description	Column II Local Name	Column III Location reference (Gazetteer of Canada reference system)
10.	Willows Dam	Willows Dam	49°37' 105°59'
11.	Melville Dam	Melville Reservoir (Crescent Creek Reservoir)	50°55' 102°48'

11. The portion of item 4 of Part IV of Schedule IV to the Regulations in column III (see footnote 5) is replaced by the following:

Item	Column III Location Reference (Gazetteer of Canada reference system)
4.	49°44'27" 97°07'35" to 49°57'41" 97°04'15"

12. Part I of Schedule IV.1 to the Regulations is amended by adding the following after item 24:

Item	Column I Name given by the Gazetteer of Canada, or description	Column II General Location (where necessary)	Column III Location reference (Gazetteer of Canada reference system)	Column IV Maximum speed in km/h over the ground
25.	Cultus Lake, entrance to Main Beach, north of a line drawn from point A, at coordinates 49°04'10" 121°58'43.6" to point B, at coordinates 49°04'19.0" 121°59'0.5", buoyed and signed		49°04' 121°59'	5

13. The portion of item 9.3 of Part II of Schedule IV.1 to the Regulations in column I(see footnote 6) is replaced by the following:

Item	Column I Name given by the Gazetteer of Canada, or description
9.3	That part of Port Dalhousie Harbour, from the outer lighthouse south to a line drawn from the "all vessels prohibited" sign located 24 m north of the Heywood Generating Station on the west side of the harbour to the "all vessels prohibited" sign located on the east side of the harbour 70 m north of the control structure dam

14. Part II of Schedule IV.1 to the Regulations is amended by adding the following after item 9.3:

Item	Column I Name given by the Gazetteer of Canada, or description	Column II Specific Location	Column III Location reference (Gazetteer of Canada reference system)	Column IV Maximum speed in km/h over the ground
9.4	That part of the Ausable River from the mouth of the river at Lake Huron, through Port Franks, to a point 250 m east of the Port Franks Conservation Area boat launch	43°14'03" 81°54'17" to 43°14'00" 81°53'10"	43°14' 81°54'	10

15. Part II of Schedule IV.1 to the Regulations is amended by adding the following after item 12.2:

Item	Column I Name given by the Gazetteer of Canada, or description	Column II Specific Location	Column III Location reference (Gazetteer of Canada reference system)	Column IV Maximum speed in km/h over the ground
12.3	Moot Lake, in the Township of Lake of Bays, County of Muskoka		45°09' 79°10'	10

16. The portion of items 15.2 and 15.3 of Part II of Schedule IV.1 to the French version of the Regulations in column I(see footnote 7) is replaced by the following:

Article	Colonne I Nom indiqué par le Répertoire géographique du Canada, ou description
15.2	La partie de la rivière Severn connue localement sous le nom de bras est de la rivière Severn (et également connue sous le nom de rivière Green), qui s'étend du pont ferroviaire du Canadien National le plus au sud, près du lac Couchiching, en aval jusqu'au confluent avec le débit principal de la rivière Severn qui constitue la limite municipale, cette partie étant située dans le territoire de la Corporation de la municipalité de Ramara aux coordonnées indiquées à la colonne II
15.3	La partie de la rivière Black qui s'étend du pont du chemin Switch en aval jusqu'au confluent avec la rivière Severn, cette partie étant située dans le territoire de la Corporation de la municipalité de Ramara aux coordonnées indiquées à la colonne II

17. The portion of item 15.4 of Part II of Schedule IV.1 to the Regulations in column II (see footnote 8) is replaced by the following:

Item	Column II Specific Location
15.4	44°34'53" 79°18'46" to 44°35'25" 79°18'06"

18. (1) The portion of item 220 of Part III of Schedule IV.1 to the Regulations in column III (see footnote 9) is replaced by the following:

Item	Column III Name given by the Répertoire toponymique du Québec, or description
220.	45°49' 71°21'

(2) The portion of paragraph 220(h) of Part III of Schedule IV.1 to the English version of the Regulations in column I (see footnote 10) is replaced by the following:

Item	Column III Location reference (Répertoire toponymique du Québec reference system)
220.	(h) inside the marina basin area between latitudes 45°53'25" and 45°53'55", and from the bridge at Highway 112 to the rivière Saint-François rapids at latitude 45°54'15";

19. (1) The portion of paragraph 223(b) of Part III of Schedule IV.1 to the English version of the Regulations in column I (see footnote 11) before subparagraph (I) is replaced by the following:

Item	Column I Name given by the Répertoire toponymique du Québec, or description
223.	(b) the portion of the river between the eastern tip of île de Montréal at the confluence of the St. Lawrence River and Rivière-des-Prairies at a point at coordinates 45°42'12" 73°28'33" and the Highway 40 bridge at a point at coordinates 45°41'58" 73°30'31" (see Note 2)

(2) The portion of paragraph 223(d) of Part III of Schedule IV.1 to the Regulations in column I (see footnote 12) is replaced by the following:

Item	Column I Name given by the Répertoire toponymique du Québec, or description
223.	(d) within 50 m from the shore of île Bizard between a point at coordinates 45°31'14" 73°52'51" and a point at coordinates 45°28'30" 73°56'34";

20. The portion of item 224 of Part III of Schedule IV.1 to the English version of the Regulations in column I (see footnote 13) before paragraph (a) is replaced by the following:

Item	Column I Name given by the Répertoire toponymique du Québec, or description
224.	The St. Lawrence River

21. Item 226 (see footnote 14) of Part III of Schedule IV.1 to the Regulations is amended by striking out the word "and" at the end of paragraph (a) and by replacing paragraph (b) with the following:

Item	Column I Name given by the Répertoire toponymique du Québec, or description	Column II Local Name	Column III Location reference (Répertoire toponymique du Québec reference system)	Column IV Maximum speed in km/h over the ground
226.	(b) within 50 m from the shore of Montreal Island between a point at coordinates 45°24'12" 73°57'23" and a point at coordinates 45°28'17" 73°56'20"; and			10
	(c) outside the areas referred to in paragraphs (a) and (b), between 21:00 and 07:00			25

22. Part III of Schedule IV.1 to the Regulations is amended by adding the following after item 226:

Item	Column I Name given by the Répertoire toponymique du Québec, or description	Column II Local Name	Column III Location reference (Répertoire toponymique du Québec reference system)	Column IV Maximum speed in km/h over the ground
227.	Lac Beauregard	Lac Beauregard	46°09' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
228.	Lac Catherine	Lac Catherine	46°09' 74°00'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00,and (ii) between 07:00 and 21:00			25 70
229.	Lac des Cèdres	Lac des Cèdres	46°07' 74°03'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
230.	Lac Délia	Lac Délia	46°09' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
231.	Lac Doux	Lac Doux	46°10' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
232.	Lac Drummond	Lac Drummond	46°07' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
233.	Lac Exérine	Lac Exérine	46°08' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
234.	Lac à Foin	Lac à Foin	46°07' 74°04'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
235.	Lac Fouché	Lac Fouché	46°07' 74°03'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
236.	Lac à Gaby	Lac à Gaby	46°07' 74°03'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
237.	Lac Héroux	Lac Héroux	46°10' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
238.	Lac Kenny	Lac Kenny	46°09' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
239.	Lac LaFontaine	Lac LaFontaine	46°07' 73°59'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
240.	Lac à May	Lac à May	46°09' 74°02'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
241.	Lac Onésime	Lac Onésime	46°10' 73°58'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
242.	Lac Racette	Lac Racette	46°07' 73°58'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
243.	Lac Ritchie	Lac Ritchie	46°08'42" 73°59'30"
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70
244.	Lac des Îles	Lac des Îles	46°06' 74°02'
	(a) within 30 m of shore, and (b) at 30 m or more from shore			10
	(i) between 21:00 and 07:00, and (ii) between 07:00 and 21:00			25 70

23. The Regulations are amended by replacing the expressions "peace officer" and "peace officers" with the expressions "enforcement officer" and "enforcement officers", respectively, wherever they occur in the following provisions:

(a) paragraph 6(7)(a);

(b) section 11 and the heading before it;

(c) the heading before section 12 and sections 12 and 13;

(d) paragraph 14(b); and

(e) section 15.

COMING INTO FORCE

24. These Regulations come into force on the day on which they are registered.

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Regulations Amending the Employment Insurance (Fishing) Regulations

Statutory Authority

Employment Insurance Act

Sponsoring Department

Department of Human Resources Development

REGULATORY IMPACT ANALYSIS STATEMENT

Description

The proposed changes are to the Employment Insurance Fishing Regulations (EI Fishing Regulations). They are consequential to changes to the Employment Insurance Act (EI Act) and are to become effective on December 31, 2000, at the same time as the EI Act changes related to parental benefits under the Budget Implementation Act, 2000 (Bill C-32).

Currently, the EI Act provides for 15 weeks of maternity benefits plus 10 weeks of parental benefits (plus 5 weeks extra in some cases). The Government of Canada will increase the duration of parental benefits from 10 to 35 weeks for biological and adoptive parents. At the same time, the maximum entitlement will be increased from 30 to 50 weeks of combined maternity, parental and sickness benefits.

Presently, claimants must accumulate 700 hours of insured employment to receive special benefits (sickness, maternity and parental benefits). The Government of Canada will reduce this requirement to 600 hours of insurable employment for parents of a child born or placed in their care through adoption on or after December 31, 2000. In the case of sickness benefits, the move to 600 hours will apply to those who become unable to work as a result of illness, injury or quarantine on or after December 31, 2000.

Changes will be required to the EI Fishing Regulations so that fishers will be entitled to the same accessibility, duration and flexibility as other claimants. The specific changes are:

— a change to the definitions of major and minor attachment claimants will be needed to allow special benefits to be paid with $3,760 rather than $4,200;

— an extension of the benefit period so that the duration of entitlement to special benefits for fishers is the same as other claimants;

— a modification of the claim duration for special benefits for fishers to match the provisions that will apply to non-fishing claimants;

— the amount of insured earnings needed for a new entrant or re-entrant to qualify for special benefits would be reduced from $4,200 to $3,760;

— transitional rules for babies born or placements that occur before December 31, 2000;

— minor housekeeping amendments to subsections 8(5) and (10) of the EI Fishing Regulations as, due to a clerical oversight, these subsections refer to section 10 of the EI Act instead of section 8; and

— other small amendments incidental to renumbering of the EI Act, adding of new subsections to the EI Fishing Regulations and to adopting parallel revised wording to that being included in changes to the EI Act.

Alternatives

No other alternatives were considered as these changes are necessary to implement the changes to the EI Act under the Budget Implementation Act, 2000 (Bill C-32).

Benefits and Costs

These changes will ensure that claimants who qualify, based on insured earnings from fishing, will benefit from the changes to parental benefits under the EI Act. If these regulatory changes are not approved, fishers will not be able to benefit from the legislative changes extending entitlement to special benefits.

Consultation

Since the October 1999 Speech from the Throne, the Government has undertaken intergovernmental consultation on the proposed changes to Employment Insurance parental benefits. There was consultation as the legislative changes in Bill C-32 went through the parliamentary approval process. As required by section 153 of the EI Act, the changes will also be tabled in the House of Commons for review within three sitting days after the date they are made.

Compliance and Enforcement

There will be a formal analysis of enhancements planned for special benefits.

Contact

Jim Little, Senior Policy Advisor, Human Resources Development Canada, Policy and Legislation Development, Insurance Policy, 140 Promenade du Portage, 9th Floor, Ottawa, Ontario K1A 0J9, (819) 997-8628 (telephone), (819) 953-9381 (Facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Canada Employment Insurance Commission, pursuant to section 153 of the Employment Insurance Act (see footnote a), proposes, subject to the approval of the Governor in Council, to make the annexed Regulations Amending the Employment Insurance (Fishing) Regulations.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jim Little, Policy and Legislation Development, Insurance Branch, Human Resources Development Canada, 9th Floor, 140 Promenade du Portage, Ottawa, Ontario K1A 0J9.

Ottawa, July 28, 2000

MARC O'SULLIVAN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE EMPLOYMENT INSURANCE (FISHING) REGULATIONS

AMENDMENTS

1. The definitions "major attachment claimant" and "minor attachment claimant" in subsection 1(1) of the Employment Insurance (Fishing) Regulations (see footnote 15) are replaced by the following:

"major attachment claimant" means a claimant who qualifies to receive benefits and has $3,760 or more of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la première catégorie)

"minor attachment claimant" means a claimant who qualifies to receive benefits and has less than $3,760 of insurable earnings from employment as a fisher in their qualifying period. (prestataire de la deuxième catégorie)

2. (1) Subsection 8(5) of the Regulations is replaced by the following:

(5) Notwithstanding subsections 8(2) to (4) of the Act, the qualifying period described in subsection (4) shall not be extended.

(2) Subsection 8(10) of the Regulations is replaced by the following:

(10) Notwithstanding subsections 8(2) to (4) of the Act, the qualifying period described in subsection (9) shall not be extended.

(3) Section 8 of the Regulations is amended by adding the following after subsection (11):

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

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

(14) No benefit period established under subsection (1) or (6) shall be extended beyond the date determined in accordance with subsection (11) or (11.1).

(5) Subsections 8(17) and (18) of the Regulations are replaced by the following:

(17) Where a benefit period is established under subsection (1) or (6) for a fisher, benefits may be paid to the fisher in the benefit period in accordance with the Act for any of the reasons referred to in subsection 12(3) of the Act and subject to the applicable maximums established by subsections 12(3) to (6) of the Act.

(18) In a benefit period established for a fisher under subsection (1) or (6), benefits may be paid to the fisher under both subsections (12) and (17), but in no case shall the maximum number of combined weeks of benefits exceed 50.

3. The heading before section 12 of the Regulations is replaced by the following:

ALTERNATE ACCESS TO SPECIAL BENEFITS

4. (1) Subsection 12(1) of the Regulations is replaced by the following:

12. (1) An insured person who is not qualified to receive benefits under section 7 of the Act and who is claiming special benefits qualifies to receive the special benefits if the person has at least $3,760 of insurable earnings from employment as a fisher in their qualifying period.

(2) Paragraph 12(5)(a) of the Regulations is replaced by the following:

(a) the claimant has accumulated, since the beginning of the benefit period, insurable earnings from employment as a fisher that, when added to the insurable earnings from employment as a fisher in the claimant's qualifying period, are equal to or exceed

5. Section 15 of the Regulations is amended by adding the following after subsection (2):

(3) With respect to a fisher who is a claimant and to whom a child is born or in whose care a child is placed for adoption before December 31, 2000, all matters relating to their entitlement to special benefits under these Regulations shall be determined in accordance with these Regulations as they read on January 5, 1997 and the Employment Insurance Act as it read before the coming into force of the Budget Implementation Act, 2000, being chapter 14 of the Statutes of Canada, 2000.

6. The schedule to the Regulations is amended by replacing the reference to "(Paragraphs 8(2)(b) and 7(b))" after the heading "SCHEDULE" with a reference to "(Paragraphs 8(2)(b) and 7(b) and subparagraph 12(5)(a)(ii))."

COMING INTO FORCE

7. These Regulations come into force on December 31, 2000.

[33-1-o]

Footnote 1

C.R.C., c. 1407

Footnote 2

SOR/99-52

Footnote 3

SOR/99-52

Footnote 4

SOR/90-450

Footnote 5

SOR/90-450

Footnote 6

SOR/99-327

Footnote 7

SOR/99-327

Footnote 8

SOR/99-327

Footnote 9

SOR/99-327

Footnote 10

SOR/99-327

Footnote 11

SOR/99-327

Footnote 12

SOR/99-327

Footnote 13

SOR/99-327

Footnote 14

SOR/99-327

Footnote a

S.C. 1996, c. 23

Footnote 15

SOR/96-445

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