Section 1 definition of "commercial fisher", paragraph (f) BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
(f) is a person who, apart from these regulations, would be a "worker" under Part 1 and a fisher
Section 1 definition of "commercial fisher" (part) BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
but, subject to paragraph (e) of this section, does not include
Section 1 definition of "Part 1" BEFORE repealed by BC Reg 279/2019, effective April 6, 2020.
"Part 1" means Part 1 of the Workers Compensation Act;
Section 1 definition of "reportable injury" BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
"reportable injury" means an injury required to be reported to the Board under section 54 of Part 1, and regulations made thereunder.
Section 2 BEFORE re-enacted by BC Reg 279/2019, effective April 6, 2020.
Part 1 applicable to commercial fishers
2 (1) Subject to these regulations and to any other regulations or decisions made under Part 1, all provisions of Part 1 relating to workers shall apply to commercial fishers.
(2) For the purposes of Part 1, a commercial fisher's employment is that person's occupation as a commercial fisher.
[en. B.C. Reg. 371/2005, App. A, s. 3.]
Section 3 BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
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 terms of Part 1 and regulations and decisions made thereunder, eligible for compensation benefits; and earnings from such voyages may be included in the calculation of earnings for compensation benefits in respect of such an injury or any other injury.
[am. B.C. Reg. 371/2005, App. A, s. 4.]
Section 5 (1) (c) BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
(c) the provisions of Part 1 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
Section 5 (3) BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
(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 33 of Part 1, 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.
Section 10 (1), (2), (3) (part), (3.1), (3.2) and (4) BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
(1) For the purposes of sections 53, 54 and 96.2 to 96.4 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 53 and 54 of Part 1, 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 sections 96.2 to 96.4 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
(3.1) Sections 96.2 to 96.4 of the Act apply to the persons described in section 5 (1) (a) to (c) as being required to pay assessments.
(3.2) The persons to whom sections 96.2 to 96.4 of the Act apply 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 53 of Part 1, or becomes aware that a member of the master's crew has sustained a reportable injury, death or industrial 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 industrial disease to the vessel owner or charterer or, if that is impracticable, to the Board.
Section 12 BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
Penalties on unpaid assessments
12 If any assessment levied against any person under any provision of Part 1 or any regulation made thereunder is not paid at the time it becomes payable, the defaulting person is liable to pay and shall 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. Reg. 371/2005, App. A, ss. 1 and 9.]
Section 13 BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
Payment for transport of injured fisher
13 For the purposes of section 21 (3) of Part 1, the expense of transporting an injured fisher to a hospital, physician or qualified practitioner for initial treatment shall 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. Reg. 371/2005, App. A, s. 10.]
Section 14 BEFORE amended by BC Reg 279/2019, effective April 6, 2020.
Definitions
14 For the purposes of section 10 of Part 1:
"employer" includes any person required to pay assessments under section 5, and any person included in section 8, except commercial fishers;
"workers" includes any commercial fisher;
"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 section 10 of Part 1 from any situation to which it would otherwise apply.
[am. B.C. Reg. 371/2005, App. A, s. 11.]