Lexpert Special Editions

Special Edition on Infrastructure -Sept 2015

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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Booth, QC, Robert (Bob) T. Bennett Jones LLP (403) 298-3252 boothb@bennettjones.com Mr. Booth's commercial practice focuses on energy and resources infrastructure, serving clients in the oil and gas, transportation and energy utility businesses. He advises on purchases and sales, business creation and joint ventures. Borsook, Lisa A. WeirFoulds LLP (416) 947-5003 lborsook@weirfoulds.com Ms. Borsook acts for corporations and govern- ments regarding their retail, industrial and office property needs. A leader in property development and leasing, she is widely regarded as an expert in her field. Bouvette, Sylvie Borden Ladner Gervais LLP (514) 954-2507 sbouvette@blg.com Ms. Bouvette has over 23 years' experience repre- senting clients in connection with the development, acqui- sition, joint ventures, partner- ship and financing of hydro, biomass and wind farm projects, and has been in- volved in the energy industry. Borduas, Robert G. Norton Rose Fulbright Canada LLP (514) 847-4524 robert.borduas@nortonroseful- bright.com Mr. Borduas's project and debt finance practice embraces infrastructure and PPPs. He represented the lenders on the A30 Highway project, the McGill University Health Centre and the winning consortium in the MSO Concert Hall project among others. Bourassa, Philippe Blake, Cassels & Graydon LLP (514) 982-4061 philippe.bourassa@blakes.com Mr. Bourassa's practice includes an emphasis on infrastructure and P3 projects. He advises public and private clients, on a broad range of do- mestic and international trans- actions. His work includes advising on the MUHC and CHUM P3 projects. Bray, Catherine E. Borden Ladner Gervais LLP (416) 367-6164 cbray@blg.com Ms. Bray practises com- mercial real estate law. She has extensive experience in buying and selling land; major leases, including sale/ lease back transactions; joint ventures and other legal structures; and financing including construction financing. 8 | FINANCING INFRASTRUCTURE LEXPERT ® RANKED LAWYERS US and, if that trend continues, possibly other markets." Greg Lewis, a partner at Bull, Housser & Tupper LLP in Vancouver, says while they're not seeing deals in Western Can- ada being marketed in the US, they are seeing a growing interest in marketing to Asian investors. "I know Japan and South Korea have an interest and some companies from Asia are interested in participating in North Ameri- can P3s. ere have been events in Tokyo with North American participants coming over and talking about the P3 model, ex- plaining it. "e big Japanese and Korean conglom- erates I think are quite interested in doing business in North America and P3 is a fairly attractive investment. While it's not risk- free, it's probably a reasonable return for the level of risk." He says one interesting question is whether the hammering that oil prices have taken, and the effect on the larger economy, will stall any of the big-ticket infrastructure projects — especially in Western Canada. "I wouldn't be surprised to see the P3 deal flow dropping off in Alberta and Sas- katchewan, and slowing slightly in BC. e drop in government revenue is making governments pause and consider all of their spending, at least in the short term." CANADA'S TOP 100 infrastructure projects in 2015 represent a healthy $157 billion in total investment, according to Re- New Canada, an infrastructure magazine that tracks projects by cost. Bidders in each case have to have com- mitted financing and keep it in place dur- ing the selection process. ey are generally required to set aside the funds for anywhere from two to four months, and occasionally even six, says Guy David, a partner in the Ottawa office of Gowling Lafleur Hender- son LLP. "If you've got a $5-billion project and three bidders, you need to find $15 billion of financial capacity in the market to sup- port that project. If you've got three proj- ects that size then you're looking at $45 bil- lion in funds being committed. If they're all happening around the same time that may pose a challenge." Ehren Cory, divisional president of proj- ect delivery at Infrastructure Ontario, says Ottawa and the provinces have formed a working group to tackle exactly these kinds of issues. Cory, who previously led the infrastruc- ture and public-sector practices at McKin- sey & Company, says there have been "good discussions" recently about the implications of so many projects hitting the market at the same time. "One of our big topics lately has been about the staging of construction, it's something industry has been talking about a lot more. Right now we're comparing notes – when is your project coming, and hmm, those feel really close together. e next step for us will be to start thinking about more coordinated scheduling, mak- ing sure there's a bit of space in the market to make sure they don't all hit at once. So there is that kind of conversation starting to happen. "ere's a realization on our side, as own- ers, that we have to think about how this pipeline of projects – this wave of transpor- tation projects in particular – are coming down the pipe." THE LONG-TERM TREND in fi- nancing costs for infrastructure projects has been in a steady decline since the 2008 financial crisis, partly because the debt is priced as a spread over Government of Can- ada bonds, whose yields have been declin- ing as well. As lenders around the world become more comfortable with large P3 infrastruc- ture projects, which are only about 15 years old, the traditional financing structure of 90 per cent debt and 10 per cent equity has given way to more like 93 per cent debt and 7 per cent equity. Equity is the more ex-

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