PART XV PROCEDURE, ARRESTS AND PENALTIES
Arrest powers
217 (1) Every person called upon to assist a police officer or officer appointed for carrying out the provisions of this Act in the arrest of a person suspected of having committed any offence mentioned in subsection (2) may assist if he or she knows that the person calling on him or her for assistance is a police officer or officer appointed for carrying out the provisions of this Act, and does not know that there are no reasonable grounds for the suspicion.  R.S.O. 1990, c. H.8, s. 217 (1). Arrests without warrant (2) Any police officer who, on reasonable and probable grounds, believes that a contravention of any of the provisions of subsection 9 (1), subsection 12 (1), subsection 13 (1), subsection 33 (3), subsection 47 (5), (6), (7) or (8), section 51, 53, subsection 106 (8.2), section 130, 172 or 184, subsection 185 (3), clause 200 (1) (a) or subsection 216 (1) has been committed, may arrest, without warrant, the person he or she believes committed the contravention.  R.S.O. 1990, c. H.8, s. 217 (2); 1993, c. 40, s. 8; 2009, c. 5, s. 56. Arresting on view (3) Every person may arrest without warrant any person whom he or she finds committing any such contravention.  R.S.O. 1990, c. H.8, s. 217 (3). Arrest without warrant for contravention of subs. 177 (2) (3.1) A police officer who believes on reasonable and probable grounds that a person has contravened subsection 177 (2) may arrest the person without warrant if, (a)  before the alleged contravention of subsection 177 (2), the police officer directed the person not to engage in activity that contravenes that subsection; or (b)  the police officer believes on reasonable and probable grounds that it is necessary to arrest the person without warrant in order to establish the identity of the person or to prevent the person from continuing or repeating the contravention.  1999, c. 8, s. 7 (2). Detaining vehicle when arrest is made (4) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, may detain the motor vehicle with which the offence was committed until the final disposition of any prosecution under this Act or under the Criminal Code
(Canada), but the motor vehicle may be released on security for its production being given to the satisfaction of a justice of the peace or judge.  R.S.O. 1990, c. H.8, s. 217 (4). Exceptions to release of motor vehicle (4.1) A motor vehicle shall not be released under subsection (4) if it was removed, stored, detained or impounded pursuant to any provision of this Act other than subsection (4) of this section.  2007, c. 13, s. 24. Care and storage charges (5) All costs and charges for the care and storage of a motor vehicle detained under subsection (4) are a lien upon the motor vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act.  R.S.O. 1990, c. H.8, s. 217 (5). Duty of person arresting without warrant (6) A police officer or officer appointed for carrying out the provisions of this Act, making an arrest without warrant, shall, with reasonable diligence, take the person arrested before a justice of the peace or provincial judge to be dealt with according to law.  R.S.O. 1990, c. H.8, s. 217 (6). Section Amendments with date in force (d/m/y) 1993, c. 40, s. 8 - 06/06/1994; 1996, c. 20, s. 31 - no effect - see 2009, c. 5, s. 58
- 01/05/2009; 1999, c. 8, s. 7 (2) - 31/01/2000 2007, c. 13, s. 24
- 04/06/2007 2009, c. 5, s. 56
- 23/04/2009