(a) in subsection (1) (a) by striking out ", under a concession agreement," and substituting ", under any concession agreement referred to in section 2 (1) or (1.1),",
(b) in subsection (1) (d) by striking out "the concession agreement" and substituting "any concession agreement referred to in section 2 (1) or (1.1)",
(c) by adding the following subsection:
(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. ,
(d) in subsection (2) by striking out "the concession agreement" and substituting "any concession agreement referred to in subsection (1)",
(e) by adding the following subsection:
(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. ,
(f) subsection (3) is amended
(i) by striking out "the concession agreement" and substituting "any concession agreement referred to in section 2 (1) or (1.1),",
(ii) by adding "by the government or by the corporation, as the case may be," after "without limiting this, the failure",
(iii) by striking out "terminate the concession agreement" and substituting "terminate any concession agreement", and
(iv) by striking out "under the concession agreement" and substituting "under any concession agreement", and
(g) the following subsection is added:
(3.1) Subject to subsection (4), 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.
(h) in subsection (4) by adding ", or the corporation or any director, officer, employee or agent of the corporation," after "of the government",
(i) in subsection (5) by adding ", or the corporation or any director, officer, employee or agent of the corporation," after "of the government" wherever it appears,
(j) in subsection (7) by adding ", the corporation" after "the government" and by adding "or any other agreement" after "concession agreement", and
(k) by adding the following subsection:
(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.