16. The Board shall assume the cost of replacing a hearing device when(1) the hearing or physical condition of the person with a hearing deficiency has changed to the point where his hearing device is no longer effective;
(2) the capacity of the person with a hearing deficiency to operate the controls has diminished to the point where he can no longer operate the hearing device;
(3) premature deterioration of the hearing device is caused by a high level of acidity in the perspiration, a high level of toxic fumes or a high level of dust pollution;
(4) deterioration is caused by accidental damage;
(5) the repair estimate for the hearing device before the expiry of its minimum duration exceeds 70% of the cost of purchasing that hearing device;
(6) the hearing device no longer functions under normal conditions upon the expiry of its minimum duration;
(7) the repair estimate for the hearing device after the expiry of its minimum duration, plus the total cost of repairs since the expiry of its minimum duration, exceeds 60% of the cost of purchasing that hearing device.
Notwithstanding subparagraphs 4 to 7 of the first paragraph, the Board shall not assume the cost of replacing a hearing device on the sole ground that is was used negligently or that it was lost, stolen or destroyed.
The Board shall not assume the cost of replacing a hearing device under such circumstances during the entire period between the time it was lost, stolen, destroyed or irreparably damaged and the expiry of the minimum duration of the lost, stolen, destroyed or irreparably damaged hearing device. That period ceases where the person with a hearing deficiency, at his own expense, replaces the lost, stolen, destroyed or irreparably damaged hearing device with an insured hearing device similar in function and in cost and so notifies the person referred to in this Regulation who had supplied the lost, stolen, destroyed or irreparably damaged hearing device to him. That person shall so notify the Board.
An insured hearing device purchased by a person with a hearing deficiency at his own expense is deemed to have a minimum duration of at least 2 years.
O.C. 869-93, s. 16; O.C. 535-97, s. 12; O.C. 382-2006, s. 28.