Definitions

1   In these regulations:

"Act" means the Workers Compensation Act;

"commercial fisher" means

(a) a master or member of a crew of a licensed commercial fishing vessel who is a possessor or required to be a possessor of a current personal commercial fishing licence,

(b) a master or member of a crew of a fish packing, fish collecting or other vessel which is licensed or required to be licensed under the Fisheries Act of the Province to engage in buying or collecting fish for commercial sale or use, or

(c) any other person who, in the opinion of the Board, contributes to the catching or landing of fish for commercial sale or use,

and who

(d) in the course of that person's occupation as a fisher, contributes to the catching or landing of fish for arrival in British Columbia ports for sale to or use by a commercial buyer or other commercial recipient of fish,

(e) has made arrangements with the Board for the payment of assessments, or

(f) is a person who, apart from these regulations, would be a "worker" under the compensation provisions of the Act and a fisher

but, subject to paragraph (e) of this definition, does not include

(g) a fisher who rarely contributes to the catching or landing of fish for arrival in British Columbia ports for sale to or use by a commercial buyer or other commercial recipient of fish;

"commercial buyer" or "commercial recipient" means a person who is buying or receiving fish for resale or commercial use, but excludes a person who is buying for personal or family consumption;

"commercial sale" includes sale to a person who is buying for resale or commercial use, but excludes a sale to a person who is buying for personal or family consumption;

"fish" means any species of animal living in water;

"fisher" means a person who contributes in any manner to the catching or landing of fish, and may include a temporary or part time fisher;

"fishing vessel" means any vessel used in catching fish or collecting or transporting fish for landing;

"reportable injury" means an injury required to be reported to the Board under section 150 [employer obligation to report] of the Act, and regulations made under that provision.

[am. B.C. Regs. 371/2005, App. A, ss. 1 and 2; 279/2019, App. A, s. 1.]

Compensation provisions of the Act apply to commercial fishers

2   (1) Subject to these regulations and to any other regulations or decisions made under the compensation provisions of the Act, all compensation provisions of the Act relating to workers apply to commercial fishers.

(2) For the purposes of the compensation provisions of the Act, a commercial fisher's employment is that person's occupation as a commercial fisher.

[en. B.C. Reg. 279/2019, App. A, s. 2.]

Eligibility for benefits

3   Where a commercial fisher is injured in the course of that person's occupation, but the fish caught, landed or acquired on the particular voyage are not for commercial sale, that person is, subject to the compensation provisions of the Act and regulations and decisions made under those provisions, eligible for compensation; and earnings from such voyages may be included in the calculation of earnings for compensation in respect of such an injury or any other injury.

[am. B.C. Regs. 371/2005, App. A, s. 4; 279/2019, App. A, s. 3.]

Section 147 of Act does not apply to commercial fishers

4   Section 147 [injuries happening outside British Columbia] of the Act does not apply to commercial fishers.

[am. B.C. Regs. 371/2005, App. A, s. 5; 279/2019, App. A, s. 4.]

Assessments

5   (1) Unless the Board otherwise determines,

(a) a commercial buyer or other commercial recipient of fish who directly or indirectly acquires fish from a commercial fisher must pay assessments on the fish bought, obtained or paid for by or through the commercial buyer or other commercial recipient of fish, except if the fish are acquired from another commercial buyer or other commercial recipient;

(b) a person who engages the services of a master or crew of or for a fishing vessel must pay assessments on any fish in respect of which assessments are not payable under paragraph (a);

(c) the compensation provisions of the Act relating to employers apply to a person engaged in transmitting payments to commercial fishers as if the person were engaged in the fishing industry, and that person is deemed to be the employer of any persons or organizations other than commercial buyers or commercial recipients who contributed in any manner to the catching or landing of the fish bought, obtained or paid for through or by that person and in respect of which assessments are not otherwise paid, and

(d) for assessment purposes, a commercial recipient does not include a person who receives fish only for transport to a commercial buyer or a commercial recipient in the province.

(2) Repealed. [B.C. Reg. 371/2005, App. A, s. 6.]

(3) Assessments shall be paid on the total wages, prices or other payments made or payable to or on behalf of commercial fishers and shall be calculated, determined and notified to the Board in such manner as the Board may prescribe. Where the total wages, price or other payments made or payable to or on behalf of commercial fishers exceed the maximum wage for one year as fixed for the time being under section 209 [annual determination of maximum wage rate for average earnings] of the Act, a deduction may be made where practical in respect of the excess; and where the total wages, price or other payments made or payable to or on behalf of commercial fishers are shown to exceed the above maximum wage rate, the Board may make a deduction where practical in respect of the portion in excess of that rate.

[am. B.C. Regs. 364/2000; 371/2005, App. A, ss. 1 and 6; 279/2019, App. A, s. 5.]

Assessments not deductible from payments due

6   No sum payable in assessments shall be deducted from any payment due to commercial fishers.

[am. B.C. Reg. 371/2005, App. A, s. 7.]

Registration with Board

7   All commercial buyers and other commercial recipients of fish and all other persons required to pay assessments under section 5 must register with the Board and provide such information as the Board may require.

[am. B.C. Reg. 371/2005, App. A, s. 1.]

Repealed

8-9.1   Repealed. [B.C. Reg. 152/2001, s. 1.]

Reporting injury, death or disease on fishing vessels

10   (1) For the purposes of section 149 [worker notice of injury], section 150 [employer obligation to report], section 262 [employer assessment in relation to injury not reported as required] and Part 6 [Review of Board Decisions] of the Act, the employer in respect of a fishing vessel owned or chartered by a commercial buyer or other commercial recipient of fish is the vessel owner or charterer.

(2) For the purposes of sections 149, 150 and 262 of the Act, the employer in respect of a fishing vessel not owned or chartered by a commercial buyer or other commercial recipient of fish is the vessel master, or where there is no vessel master, the vessel owner.

(3) For the purposes of Part 6 of the Act, the employer in respect of a fishing vessel not owned or chartered by a commercial buyer or other commercial recipient of fish is

(a) the vessel master,

(b) the vessel owner,

(c) any commercial buyer or other commercial recipient of fish,

(d) any other person required to pay assessments under section 5, or

(e) such other person or association of employers,

as may be designated by the Board for these purposes.

(3.1) Part 6 of the Act applies to the persons described in section 5 (1) (a) to (c) as being required to pay assessments.

(3.2) The persons to whom Part 6 of the Act applies as a result of this section are deemed to be employers for the purposes of those sections.

(4) Where the master of any fishing vessel owned or chartered by a commercial buyer or other commercial recipient of fish receives a report under section 149 of the Act, or becomes aware that a member of the master's crew has sustained a reportable injury, death or occupational disease which is or is claimed to be one arising out of and in the course of that person's occupation as a commercial fisher, the master shall forthwith report such injury, death or occupational disease to the vessel owner or charterer or, if that is impracticable, to the Board.

[am. B.C. Regs. 323/2002; 383/2002; 384/2002; 371/2005, App. A, ss. 1 and 8; 279/2019, App. A, s. 6.]

Examination of records

11   Any officer of the Board, or a person authorized by it for this purpose, has the right to examine the books, accounts and other records of any person whose records may or should show the catching or landing of fish, or payments made in respect of fish, and may make such other inquiry as the Board may deem necessary.

[am. B.C. Regs. 37/92; 371/2005, App. A, s. 1.]

Penalties on unpaid assessments

12   If any assessment levied against any person under a compensation provision of the Act, or a regulation under a compensation provision of the Act, is not paid at the time it becomes payable, the defaulting person must pay a penalty for default as may be prescribed by the regulations or may be determined by the Board, and the penalty may be added to the amount of the assessment and become a part thereof, or where not added to the assessment may be enforced in the same manner as the payment of an assessment is enforceable.

[am. B.C. Regs. 371/2005, App. A, ss. 1 and 9; 279/2019, App. A, s. 7.]

Payment for transport of injured fisher

13   For the purposes of section 159 [employer authority and obligations in relation to health care] of the Act, the expense of transporting an injured fisher to a hospital, physician or qualified practitioner for initial treatment must be paid by the owner of the vessel on which the fisher is injured or where the vessel is chartered by the charterer of the vessel on which the fisher is injured or in default of payment by the vessel owner or charterer the vessel master.

[am. B.C. Regs. 371/2005, App. A, s. 10; 279/2019, App. A, s. 8.]

Definitions

14   For the purposes of Division 3 [Legal Effect of Workers' Compensation System] of Part 3 of the Act:

"employer" includes any person required to pay assessments under section 5, except commercial fishers;

"employment" means the business or occupation of an employer or a worker in so far as it relates to fish, fishing or fishing vessels; but nothing in these regulations shall exclude the application of that Division of the Act from any situation to which it would otherwise apply;

"workers" includes any commercial fisher.

[am. B.C. Regs. 371/2005, App. A, s. 11; 279/2019, App. A, s. 9.]

Board amendment of regulations

15   The Board may add to and amend these regulations and exercise all the powers conferred by section 8 [application to fishing industry] of the Act.

[am. B.C. Regs. 371/2005, App. A, s. 1; 279/2019, App. A, s. 10.]

Repealed

16   Repealed. [B.C. Reg. 279/2019, App. A, s. 11.]