40. (1) Despite section 37, if the Minister of Transportation is of the opinion that the management of all or part of Highway 407 should meet a higher standard than ministry safety standards, the Minister may enter into an agreement with the owner whereby the owner agrees to undertake the additional work necessary to meet the higher standard. 1998, c. 28, s. 40 (1).
Where no agreement
(2) Failing an agreement under subsection (1), the Ministry of Transportation may undertake all or part of the work required to meet ministry safety standards and to meet the higher standard and, if it does so, the costs of undertaking the work shall be paid as follows:
1. To the extent that the work done is necessary to comply with ministry safety standards, the owner shall pay the costs of undertaking the work.
2. To the extent that the work done is necessary to comply with the higher standard, the Ministry shall pay the costs of undertaking the work. 1998, c. 28, s. 40 (2).
Same
(3) For the purposes of subsection (2), the costs that the Ministry of Transportation must pay shall include any loss of revenue that is directly related to the work required to meet the higher standard. 1998, c. 28, s. 40 (3).