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 Part 1 and a fisher

but, subject to paragraph (e) of this section, 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;

"Part 1" means Part 1 of the Workers Compensation Act;

"reportable injury" means an injury required to be reported to the Board under section 54 of Part 1, and regulations made thereunder

[am. B.C. Reg. 371/2005, App. A, ss. 1 and 2.]

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.]

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 8 of Act not applicable to commercial fishers

4 Section 8 of Part 1 does not apply to commercial fishers.

[am. B.C. Reg. 371/2005, App. A, s. 5.]

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 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

(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 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.

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

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 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

(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)  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.

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

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 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.]

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.]

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.]

Board amendment of regulations

15 The Board may add to and amend these regulations and exercise all the powers conferred by section 4 of Part 1.

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

Spent

16 Spent.