Acts and Regulations

M-10 - Mental Health Act

Full text
Leave of absence from psychiatric facility
20(1)The administrator of a psychiatric facility may, on the advice of the attending psychiatrist and on such terms and conditions as the administrator may establish, place a patient on leave of absence from the psychiatric facility for a designated period of not more than ten days, if the intention is that the patient shall return to the psychiatric facility.
20(2)The administrator shall not place a patient on leave of absence under subsection (1) unless the patient consents to the leave.
20(3)Subject to subsections 13(8), 13(9) and 13(10), if an involuntary patient is placed on leave of absence under subsection (1), the following orders, authorities and responsibilities remain in full force and effect while the patient is on leave of absence:
(a) an order made by a tribunal under section 8.1;
(b) all authorities and responsibilities resulting from an order made by a tribunal under section 8.1;
(c) an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment; and
(d) all authorities resulting from an order made by a tribunal under section 8.11 or by a review board under section 30.1 or 30.2 in relation to routine clinical medical treatment.
20(4)An involuntary patient who is placed on leave of absence under subsection (1) continues, subject to subsections 13(8) and 13(9), to be an involuntary patient for the purposes of this Act and the provisions of this Act in relation to involuntary patients continue to apply to an involuntary patient who is placed on leave of absence under subsection (1).
1969, c.13, s.20; 1989, c.23, s.5