(1) Despite any law to the contrary and despite any enactment, neither the government nor any employee, agent, minister or ministry of the government has
(a) any duty to develop, plan, design or construct any portion of a concession highway that, under any concession agreement referred to in section 2 (1) or (1.1), the concessionaire is to construct,
(b) any duty to expand, extend, upgrade, remove, maintain, rehabilitate, operate, close or require the closure of a concession highway,
(c) any duty to instruct or supervise a concessionaire or the billing organization, and
(d) any duty of care with respect to any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, rehabilitation, operation or closure of, or any other activity in relation to, a concession highway that, after any concession agreement referred to in section 2 (1) or (1.1) takes effect, is
(i) done by any person other than the government or any employee, agent, minister or ministry of the government, or
(ii) omitted to be done.
(1.1) Despite any law to the contrary and despite any enactment, neither the corporation nor any director, officer, employee or agent of the corporation has
(a) any duty to develop, plan, design or construct any portion of a concession highway that, under a concession agreement referred to in section 2 (1.1) (a) to (c), the concessionaire is to construct,
(b) any duty to expand, extend, upgrade, remove, maintain, rehabilitate, operate, close or require the closure of a concession highway,
(c) any duty to instruct or supervise a concessionaire or the billing organization, and
(d) any duty of care with respect to any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, rehabilitation, operation or closure of, or any other activity in relation to, a concession highway that, after any concession agreement referred to in section 2 (1.1) (a) to (c) takes effect, is
(i) done by any person other than the corporation, or any director, officer, employee or agent of the corporation, or
(ii) omitted to be done.
(2) Without limiting subsection (1), neither the government nor any employee, agent, minister or ministry of the government has any liability arising by operation of law in relation to anything done or omitted to be done on or in relation to the concession highway after any concession agreement referred to in subsection (1) or (1.1) takes effect, including, without limiting this, any liability in an action based on
(a) nuisance,
(b) the rule in Rylands v. Fletcher, or
(c) non-delegable duty.
(2.1) Without limiting subsection (1.1), neither the corporation nor any director, officer, employee or agent of the corporation has any liability arising by operation of law in relation to anything done or omitted to be done on or in relation to the concession highway after any concession agreement referred to in subsection (1.1) takes effect, including, without limiting this, any liability in an action based on
(a) nuisance,
(b) the rule in Rylands v. Fletcher, or
(c) non-delegable duty.
(3) Subject to subsection (4), no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the government or any employee, agent, minister or ministry of the government in respect of the failure by the government, or by any employee, agent, minister or ministry of the government, to take any action in connection with any concession agreement referred to in section 2 (1) or (1.1), or in connection with or against the concessionaire or the billing organization, including, without limiting this, the failure by the government or by the corporation, as the case may be, to take any action to terminate any concession agreement or any or all of the interests, rights, powers, permits, approvals and authorizations transferred or granted under any concession agreement, if the concessionaire or billing organization breaches any provision of this Act, the regulations, the concession agreement or any other agreement to which the government is a party.
(3.1) Subject to subsection (4.1), no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the corporation or any director, officer, employee or agent of the corporation, in respect of the failure by the corporation or any director, officer, employee or agent of the corporation, to take any action in connection with a concession agreement referred to in section 2 (1.1) (a) to (c), or in connection with or against the concessionaire or the billing organization, including, without limiting this, the failure to take any action to terminate the concession agreement or any or all of the interests, rights, powers, permits, approvals and authorizations transferred or granted under the concession agreement, if the concessionaire or billing organization breaches any provision of this Act, the regulations, the concession agreement or any other agreement to which the corporation is a party.
(4) Subsection (3) does not apply to the government or any employee, agent, minister or ministry of the government if the failure referred to in subsection (3) is in bad faith.
(4.1) Subsection (3.1) does not apply to the corporation or any director, officer, employee or agent of the corporation, if the failure referred to in subsection (3.1) is in bad faith.
(5) Despite any law to the contrary and despite any enactment, no damages or compensation of any kind is payable by the government or by any employee, agent, minister or ministry of the government, or the corporation or any director, officer, employee or agent of the corporation, in respect of, and no legal proceeding for damages or compensation of any kind lies or may be commenced or maintained against the government or any employee, agent, minister or ministry of the government, or the corporation or any director, officer, employee or agent of the corporation, in respect of,
(a) a highway becoming a concession highway, or
(b) after a highway becomes a concession highway, anything that is done by any person other than the government or an employee, agent, minister or ministry of the government, or the corporation or any director, officer, employee or agent of the corporation, in connection with the concession highway, or that is omitted to be done in connection with the concession highway, including, without limiting this, any development, planning, design, construction, expansion, extension, upgrading, removal, maintenance, rehabilitation, operation or closure of, or failing to close, the concession highway.
(6) A concessionaire that is an occupier of a concession highway has the same liability, if any, under the Occupiers Liability Act in respect of that highway as would the government were the government the occupier of that highway.
(7) Nothing in subsection (5) (b) relieves the government, the corporation or any other contracting party from its obligation to pay, in the manner and at the time required by the concession agreement or any other agreement, any amount it is expressly obligated by that agreement to pay.
(8) Nothing in this section limits the power, capacity and authority of the government under section 72 of the Financial Administration Act and the regulations under that section.