I-3, r. 1 - Regulation respecting the Taxation Act

Section 1015r28 Disposition versions

2012-09-01

1015R28. Despite section 1015R1, in this division,

“catch” means a catch of shell fish, crustaceans, aquatic animals or marine plants caught or taken from any body of water;

“crew” means 1 or more fishermen;

“fisherman” means an individual engaged in making a catch other than under a contract of employment;

“remuneration” means

(a)  where the boat and the gear used in making a catch are owned by a person other than a member of the crew to whom the catch is to be delivered for subsequent sale or other disposition, such part of the proceeds from the disposition of the catch that is payable to the fisherman in accordance with an arrangement under which the proceeds of disposition of the catch are to be distributed;

(b)  where the boat or gear used in making a catch is owned or leased by a fisherman who alone or with another individual engaged under a contract of service makes the catch, the amount by which the proceeds from the disposition of the catch exceeds the aggregate of the amount in respect of any portion of the catch not caught by the fisherman or the other individual, the amount payable to the other individual under the contract of employment and the amount of such proportionate share of the catch as is attributable to the expenses of the operation of the boat or its gear pursuant to their share arrangement;

(c)  where a crew includes the owner of the boat or gear and any other fisherman engaged in making a catch, in the case of an owner, the amount by which the proceeds from the disposition of the catch exceeds the aggregate of the amount in respect of that portion of the catch not caught by the crew or an owner of the boat or gear, the aggregate of all amounts each of which is an amount payable to a crew member other than the owner of the boat or gear pursuant to their share arrangement or to an individual engaged under a contract of employment, and the amount of such proportionate share of the catch as is attributable to the expenses of the owner’s operation of the boat or its gear pursuant to their share arrangement, and in the case of any other crew member, such proceeds from the disposition of the catch as is payable to the crew member pursuant to their share arrangement; or

(d)  in any other case, the proceeds of disposition of the catch payable to the fisherman.

s. 1015R13.2; O.C. 2583-85, s. 26; O.C. 1660-94, s. 15; O.C. 134-2009, s. 1.