(1) The minister may, with the approval of the Lieutenant Governor in Council, enter into one or more agreements under which
(a) the minister agrees, on behalf of the government, to transfer or grant to the person designated in the agreement as the concessionaire one or more of the following:
(i) interests in, or rights or obligations relating to, land that is, or is to be, part of a concession highway;
(ii) interests in or rights to buildings, bridges, walls, tunnels, culverts, wires, pipes and other things used for the construction, operation, safety, protection, servicing or maintenance of, or to provide services to persons using, the highway referred to in subparagraph (i);
(iii) shares in any corporation that operates all or any portion of the highway that is, or is to be, the concession highway, or interests in those shares;
(iv) other interests in, or rights or obligations relating to, the highway referred to in subparagraph (i),
(b) the person designated in the agreement as the concessionaire undertakes to maintain and operate all or part of the highway referred to in paragraph (a) (i), and
(c) the person designated in the agreement as the concessionaire may undertake to do one or more of develop, plan, design, construct, expand, extend, upgrade, remove and rehabilitate all or part of the highway referred to in paragraph (a) (i).
(1.1) The minister may, with the approval of the Lieutenant Governor in Council, enter into one or more agreements with the corporation or any other person under which the minister agrees, on behalf of the government, to the terms on which the corporation may enter into one or more agreements under which
(a) the corporation agrees to transfer or grant to the person designated in the agreement as the concessionaire one or more of the following:
(i) interests in, or rights or obligations relating to, land that is, or is to be, part of a concession highway;
(ii) interests in or rights to buildings, bridges, walls, tunnels, culverts, wires, pipes and other things used for the construction, operation, safety, protection, servicing or maintenance of, or to provide services to persons using, the highway referred to in subparagraph (i);
(iii) shares in any corporation that operates all or any portion of the highway that is, or is to be, the concession highway, or interests in those shares;
(iv) other interests in, or rights or obligations relating to, the highway referred to in subparagraph (i),
(b) the person designated in the agreement as the concessionaire undertakes to maintain and operate all or part of the highway referred to in paragraph (a) (i), and
(c) the person designated in the agreement as the concessionaire may undertake to do one or more of develop, plan, design, construct, expand, extend, upgrade, remove and rehabilitate all or part of the highway referred to in paragraph (a) (i).
(2) Nothing in a concession agreement affects any rights, interests or permits of persons who hold any rights or interests in or any permits relating to any land that forms or is to form part of the concession highway.
(3) Despite subsection (1) or (1.1), a concession agreement must not transfer a fee simple interest in any land that forms or is to form part of the concession highway.
(4) Nothing in subsection (3) prevents a concession agreement from transferring title to, or any interests in, improvements or fixtures on any land referred to in subsection (3).