38. A device is insured where(1) it appears on one of the lists in the Tariff; and
(2) it is manufactured with all of the basic components appearing in the description of the device under the heading “Basic Component(s)” in the Tariff.
Notwithstanding the foregoing, a device which does not meet the requirements set forth in subparagraph 1 or 2 of the first paragraph may constitute an insured device for an insured person if it is shown, by means of an evaluation conducted by the persons referred to in section 72, that, owing to a specific disability, the insured person is unable to use any of the devices appearing on a list in the Tariff and meeting the requirements set forth in subparagraph 2 of the first paragraph.
The same applies with respect to a component of a device for an insured person where it is shown, by means of such an evaluation, that, owing to a specific disability, it would serve no purpose to allocate to the insured person a component appearing on a list in the Tariff and meeting the requirements set forth in subparagraph 2 of the first paragraph or to allocate the device without such component.
O.C. 612-94, s. 38; O.C. 1334-98, s. 14; Decision 001-2009, s. 20.