42. (1) No action or any proceedings for damages, prohibition or mandamus shall be instituted respecting any act done in good faith in the execution or intended execution of a person's duties under sections 38 to 41 or for any alleged neglect or default in the execution or performance in good faith of the person's duties or powers if the person is an employee of the Ministry of Transportation or if the person acts as an agent of or advisor to the Ministry. 1998, c. 28, s. 42 (1).
Crown liability
(2) Subsection (1) does not by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act relieve the Crown of any liability in respect of a tort committed by an employee of the Ministry of Transportation or a person who acts as an agent of or advisor to the Ministry, to which it would otherwise be subject, and the Crown is liable under that Act for such a tort as if subsection (1) had not been enacted. 1998, c. 28, s. 42 (2).