This behavior has not changed throughout different firmware versions.
What is the MIDI controller you are using? From what you describe, it sounds like your MIDI CCs are momentary; they send a high value when the footswitch is pressed and a low value when it is released.
You need your MIDI controller to only send the specific high or low CC value, then it should work correctly for discrete active/bypass messages when using P Act/Byp (M).
