Griffiths, Leonard J.
Bennett Jones LLP
(416) 777-7473
griffithsl@bennettjones.com
Mr. Griffiths is part of the
Environmental/Health and
Safety/Energy/First Na-
tions team that assists with
projects, including obtaining
approvals, environmental
assessments, M&A, finan-
cing and risk management.
Hamilton, Peter E.
Stikeman Elliott LLP
(416) 869-5564
phamilton@stikeman.com
Mr. Hamilton's banking
and corporate finance
practice extends to PPPs,
infrastructure, project and
structured finance, financial
institution regulation, deriva-
tives and insolvency. He has
lectured on banking law at
Osgoode Hall Law School.
Harbell, James W.
Stikeman Elliott LLP
(416) 869-5690
jharbell@stikeman.com
Member of Partnership
Board. Co-chair of National
Energy and Toronto Real
Estate Groups. Focuses on
electricity, infrastructure
and real estate, M&A
transactions, development,
and procurement for energy
and government entities.
Gross, QC, Morton G.
Borden Ladner Gervais LLP
(416) 367-6205
mgross@blg.com
Mr. Gross's property de-
velopment practice focuses
on PPPs including those
related to water facilities and
toll highways; proposals on
environmental and other
matters; acquisitions and
dispositions; leasing; joint
ventures; and financings.
Hammel, QC, Scott J.
Miller omson LLP
(780) 429-9726
shammel@millerthomson.com
Mr. Hammel's practice
focuses on construction and
commercial litigation. He is a
Fellow of the Cdn. College of
Construction Lawyers and has
extensive trial and arbitration
experience, both domestic-
ally and internationally.
Hardwicke-Brown,
Mungo
Blake, Cassels
& Graydon LLP
(403) 260-9674
mhb@blakes.com
Mr. Hardwicke-Brown's
M&A, corporate finance
and energy practice focuses
on project development in
the natural resources and
infrastructure industries.
His experience includes
petroleum, natural gas, oil
sands, electricity, potash,
pipelines and LNG.
MUNICIPAL P3S
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15
Centre and the Montréal Symphonic Or-
chestra Concert Hall."
Borduas, a senior partner with Norton
Rose Fulbright Canada LLP in Montréal,
says, "P3s have numerous advantages;
for example, you almost systematically
achieve the timetable, on time and on
budget, with a fixed price for your opera-
tion and maintenance."
On the other hand, one of the downsides
is the process is not yet as standard as a tra-
ditional procurement project, he says, "so
you need to involve external consultants
and bring the project to a point where its
objectives are very well defined, so as to
have a fair process for all the bidders and
optimize the risk sharing between the pri-
vate partner and the authority."
Another challenge for both lenders and
other private-sector entities is that, at the
moment, across the country there is a lack
of consistency in approach by municipali-
ties to these projects. "If you're bidding on
a very large provincial P3 project being pro-
cured by Infrastructure Ontario, say a hos-
pital, school or courthouse, there's a very
standardized set of documents, a very well-
established process and everyone knows
what to expect," says Doyle.
In contrast, municipalities are oen
choosing from different approaches across
the country; their documentation tries to
take the best from everything, and so is
not standardized. "What lenders to these
projects are lending on is basically the con-
tracts," says Doyle. "e project company
doesn't own the asset, as that asset is still
owned by the public. So lack of consistency
among the documentation creates higher
bid costs, as well as requires more due dili-
gence on the part of the private sector."
DIRECT PUBLIC INPUT
Romoff says there's oen a much higher lev-
el of consultation and input from the public
in regard to municipal projects, as opposed
to federal or provincial, as these tend to be
projects that matter a lot more to the citizen
on the ground.
In 2013, the City of Regina held a pub-
lic referendum that supported the use of
the P3 model for its Wastewater Treatment
project. Direct public input can sometimes
determine whether a municipal project
proceeds at all, says Doyle.
"e Greater Vancouver Region is at the
forefront of a very public discussion on in-
frastructure development, having recently
rejected a plebiscite on the region's long-
term plan to improve transportation and
how to pay for that plan. P3s will have to be
strongly considered to deliver the projects
Vancouver needs and wants," says Romoff.
"Consultation is key when it comes to mu-
nicipal projects as we're talking about in-
frastructure that affects people's daily lives.
e consultations in the Greater Vancouver
Region are a great example of how the com-
munity has a direct opportunity to impact
infrastructure planning."
ACCORDING TO THE CANADIAN COUNCIL FOR PUBLIC-PRIVATE
PARTNERSHIPS, A SAMPLING OF P3 PROJECTS UNDER $100 MILLION
CLEARLY HIGHLIGHTS BOTH SECTOR AND GEOGRAPHIC DIVERSITY:
Moncton Water Treatment
- $85M (DBFO)
Charleswood Bridge (Winnipeg)
- $15.6M (DBFM)
Shenkman Arts Centre & Orleans
Town Centre - $36.8M (DBFOM)
Prospera Place (Kelowna)
- $30M (DBFOM)
Britannia Landfill Gas to Electricity
Project (Peel Region) - $25M (DBFO)
