P-9.2.1, r. 1 - Regulation respecting the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery

Section 26 Disposition versions

2021-10-13

26. Sequelae are assessed as follows:

(1)  in the case of functional sequelae:

(a)  identify the functional units listed in Schedule I that are permanently impaired;

(b)  determine for each functional unit identified the category of severity that best represents the situation of the person who is a victim and the corresponding percentage. Any injury or illness that occurs subsequent to the commission of the criminal offence and that is unrelated thereto is not taken into consideration;

(c)  if the case arises, determine a percentage for a bilateral impairment of the upper limbs:

i.  identify the right and left functional units that are permanently impaired. Only the functional units “Ability to Move and Maintain the Position of Upper Limbs” and “Manual Dexterity” are taken into consideration. There must be at least one permanent sequela that is related to the commission of the criminal offence and that is sufficiently serious to correspond to a category of severity;

ii.  determine for each functional unit identified the category of severity that best represents the situation of the person who is a victim and the corresponding percentage. Any functional unit impairments related to the commission of the criminal offence or present prior to it and sufficiently serious to correspond to a category of severity are taken into consideration. Any injury or illness that occurs subsequent to the commission of the criminal offence and that is unrelated thereto is not taken into consideration;

iii.  apply the following calculation method:

Sum of the % of the 2 functional units on the left side	+	Sum of the % of the 2 functional units on the right side	=	Retained percentage for a bilateral impairment
8
The minimum is 0.5% and the maximum is the sum of the percentages of the 2 functional units on the least-impaired side. When the retained percentage includes decimals, only the first is kept. When the decimal is between 1 and 4, it is increased to 5; when it is between 6 and 9, the result is rounded up to the next full percentage.

(d)  in cases where the person who is a victim was impaired prior to the commission of the criminal offence:

i.  determine for each functional unit identified the category of severity that best represents the situation prior to the commission of the criminal offence and the corresponding percentage;

ii.  determine the percentage for the bilateral impairment to the upper limbs prior to the commission of the criminal offence.

In each case, the retained percentage in relation to the commission of the criminal offence is the difference between the percentage corresponding to the situation of the person who is a victim as determined by the evaluation and the percentage corresponding to the situation prior to the commission of the criminal offence.

(2)  In the event of esthetic impairments:

(a)  identify the esthetic units listed in Schedule I that are permanently impaired;

(b)  determine for each esthetic unit identified the category of severity that best represents the situation of the person who is a victim in relation to the commission of the criminal offence and the corresponding percentage.

In cases where several percentages have been calculated pursuant to this section, an overall percentage is determined using the following method:

(1)  The highest percentage is applied to 100%:

[100%] × [the highest %] = A%;

(2)  The second highest percentage is applied to the remainder, which is the difference between 100% and the highest:

[100% - A%] × [the second highest %] = B%.

(If the percentage obtained has more than 2 decimals, only the first two are retained and the second decimal is rounded up one unit when the third is greater than 4);

(3)  The other percentages are applied in the same way to the successive remainders:

[100% - (A% + B%) ] × [the third highest %] = C%

If the percentage obtained has more than 2 decimals, only the first two are retained and the second decimal is rounded up one unit when the third is greater than 4;

(4)  The resulting percentages are then added up:

Overall % = A% + B% + C% + (…) When the result includes decimals, it is rounded up to the next full percentage.

O.C. 1266-2021, s. 26.

Not in force

In force: 2021-10-13

26. Sequelae are assessed as follows:

(1)  in the case of functional sequelae:

(a)  identify the functional units listed in Schedule I that are permanently impaired;

(b)  determine for each functional unit identified the category of severity that best represents the situation of the person who is a victim and the corresponding percentage. Any injury or illness that occurs subsequent to the commission of the criminal offence and that is unrelated thereto is not taken into consideration;

(c)  if the case arises, determine a percentage for a bilateral impairment of the upper limbs:

i.  identify the right and left functional units that are permanently impaired. Only the functional units “Ability to Move and Maintain the Position of Upper Limbs” and “Manual Dexterity” are taken into consideration. There must be at least one permanent sequela that is related to the commission of the criminal offence and that is sufficiently serious to correspond to a category of severity;

ii.  determine for each functional unit identified the category of severity that best represents the situation of the person who is a victim and the corresponding percentage. Any functional unit impairments related to the commission of the criminal offence or present prior to it and sufficiently serious to correspond to a category of severity are taken into consideration. Any injury or illness that occurs subsequent to the commission of the criminal offence and that is unrelated thereto is not taken into consideration;

iii.  apply the following calculation method:

Sum of the % of the 2 functional units on the left side	+	Sum of the % of the 2 functional units on the right side	=	Retained percentage for a bilateral impairment
8
The minimum is 0.5% and the maximum is the sum of the percentages of the 2 functional units on the least-impaired side. When the retained percentage includes decimals, only the first is kept. When the decimal is between 1 and 4, it is increased to 5; when it is between 6 and 9, the result is rounded up to the next full percentage.

(d)  in cases where the person who is a victim was impaired prior to the commission of the criminal offence:

i.  determine for each functional unit identified the category of severity that best represents the situation prior to the commission of the criminal offence and the corresponding percentage;

ii.  determine the percentage for the bilateral impairment to the upper limbs prior to the commission of the criminal offence.

In each case, the retained percentage in relation to the commission of the criminal offence is the difference between the percentage corresponding to the situation of the person who is a victim as determined by the evaluation and the percentage corresponding to the situation prior to the commission of the criminal offence.

(2)  In the event of esthetic impairments:

(a)  identify the esthetic units listed in Schedule I that are permanently impaired;

(b)  determine for each esthetic unit identified the category of severity that best represents the situation of the person who is a victim in relation to the commission of the criminal offence and the corresponding percentage.

In cases where several percentages have been calculated pursuant to this section, an overall percentage is determined using the following method:

(1)  The highest percentage is applied to 100%:

[100%] × [the highest %] = A%;

(2)  The second highest percentage is applied to the remainder, which is the difference between 100% and the highest:

[100% - A%] × [the second highest %] = B%.

(If the percentage obtained has more than 2 decimals, only the first two are retained and the second decimal is rounded up one unit when the third is greater than 4);

(3)  The other percentages are applied in the same way to the successive remainders:

[100% - (A% + B%) ] × [the third highest %] = C%

If the percentage obtained has more than 2 decimals, only the first two are retained and the second decimal is rounded up one unit when the third is greater than 4;

(4)  The resulting percentages are then added up:

Overall % = A% + B% + C% + (…) When the result includes decimals, it is rounded up to the next full percentage.

O.C. 1266-2021, s. 26.