(1) Without limiting section 8, the minister and ministry have, in relation to concession highways, all of the rights and powers that the minister and ministry respectively have in relation to common highways.
(2) Nothing in subsection (1) of this section requires the government to take any action or provide any money for or in relation to any matter relating to a concession highway.
(3) Subject to subsection (5), if, in law or under any enactment, the minister is provided with rights, powers or functions, the minister may, in a concession agreement, delegate to the concessionaire any or all of those rights, powers or functions as they relate to the concession highway and, in that event, the concessionaire is entitled to exercise those rights, powers or functions in relation to the concession highway during the currency of the concession agreement, subject to any limits or conditions imposed by the minister in relation to that delegation.
(3.1) If the minister delegates rights, powers or functions to the corporation under subsection (3), the corporation may, in a concession agreement, delegate to the concessionaire any or all of those rights, powers and functions as they relate to the concession highway and, in that event, the concessionaire is entitled to exercise those rights, powers or functions in relation to the concession highway during the currency of the concession agreement, subject to any limits or conditions imposed by the corporation in relation to that delegation.
(4) Subject to subsection (5), if, in law or under any enactment, obligations are imposed on the minister, the minister may, in a concession agreement, impose any or all of those obligations as they relate to the concession highway on the concessionaire and, in that event,
(a) the minister is relieved from those obligations in relation to the concession highway, and
(b) the concessionaire must perform those obligations in relation to the concession highway.
(4.1) If the minister imposes obligations on the corporation under subsection (4), the corporation may, in a concession agreement, impose any or all of those obligations as they relate to the concession highway on the concessionaire and, in that event,
(a) the corporation is relieved from those obligations in relation to the concession highway, and
(b) the concessionaire must perform those obligations in relation to the concession highway.
(5) The minister must not delegate to the concessionaire any rights, powers or functions available to the minister under, and must not impose on the concessionaire any obligations of the minister under, the Freedom of Information and Protection of Privacy Act or section 25 of this Act unless the minister is authorized to do so by regulation of the Lieutenant Governor in Council.
(5.1) If the minister makes a delegation and imposition under subsection (5) to the corporation, the corporation must not make a further delegation or imposition to a concessionaire unless the corporation is authorized to do so by the Lieutenant Governor in Council.
(6) Without limiting subsection (4) or (4.1) of this section, a concessionaire referred to in section 2 (1) (a) to (c) or (1.1) (a) to (c)
(a) has, in relation to the concession highway, the same duty of care that the minister would have were that highway a common highway,
(b) must maintain and operate the concession highway, and
(c) must, if the concessionaire constructs, expands, extends or upgrades the whole or any portion of the concession highway, develop, plan and design the construction, expansion, extension or upgrade.
(7) Without limiting any other liability a concessionaire may be subject to at law or under an enactment, if the concessionaire defaults in performing any of the concessionaire's obligations under subsections (4), (4.1) and (6), the concessionaire is liable for any loss or damage sustained by any person by reason of the default.