Marginal note:1999, c. 25, s. 4(1) and 30

• 213 (1) Subsection 498(1) of the Act is replaced by the following:

  Marginal note:Release from custody — arrest without warrant

  • 498 (1) Subject to subsection (1.1), if a person has been arrested without warrant for an offence, other than one listed in section 469, and has not been taken before a justice or released from custody under any other provision of this Part, a peace officer shall, as soon as practicable, release the person, if

    • (a) the peace officer intends to compel the person’s appearance by way of summons;

    • (b) the peace officer issues an appearance notice to the person; or

    • (c) the person gives an undertaking to the peace officer.

  • Marginal note:Person delivered or detained

    (1.01) Subsection (1) also applies in respect of a person who has been arrested without warrant and delivered to a peace officer under subsection 494(3) or placed in the custody of a peace officer under subsection 163.5(3) of the Customs Act and who is detained in custody for an offence other than one listed in section 469 and who has not been taken before a justice or released from custody under any other provision of this Part.

• Marginal note:1999, c. 25, s. 4(1)

  (2) The portion of subsection 498(1.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exception

    (1.1) The peace officer shall not release the person if the peace officer believes, on reasonable grounds,

• (3) Subsection 498(2) of the Act is replaced by the following:

  • Marginal note:When subsections (1) and (1.01) do not apply

    (2) Subsections (1) and (1.01) do not apply in respect of a person who has been arrested without warrant by a peace officer for an offence described in subsection 503(3).

• Marginal note:1999, c. 25, s. 4(2)

  (4) The portion of subsection 498(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Consequences of non-release

    (3) A peace officer who has arrested a person without a warrant, or who has been given the custody of a person arrested without a warrant, for an offence described in subsection (1), and who does not release the person from custody as soon as practicable in the manner described in that subsection shall be deemed to be acting lawfully and in the execution of the officer’s duty for the purposes of

• Marginal note:1997, c. 18, s. 52(3)

  (5) Paragraph 498(3)(b) of the Act is replaced by the following:

  • (b) any other proceedings, unless in any such proceedings it is alleged and established by the person making the allegation that the peace officer did not comply with the requirements of subsection (1).