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2016
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LEXPERT 19
Big City Mayors' Caucus hosted by FCM.
It was also likely well received in the offices of
lawyers who work on infrastructure deals and to
the companies anticipating the opportunity to bid
on a myriad of projects constructing or upgrading
facilities such as hospitals, highways and waste-
treatment plants.
Many of the anticipated projects will be public-
private partnerships (known as P3s), although In-
frastructure and Communities Minister Amarjeet
Sohi told the Globe and Mail in November 2015
that the Liberal government will no longer re-
quire cities and provinces to "look first at creating
public-private partnerships before getting fund-
ing for major infrastructure." Under the previous
Conservative government, all infrastructure proj-
ects worth $100 million or more had to undergo a
costly P3 screening.
All procurement bidders, however, will be sub-
jected to some form of rigorous screening. is
is especially true in Q uébec, which has imposed
strict new requirements for companies bidding on
P3 projects in the wake of the Commission of In-
quiry on the Awarding and Management of Pub-
lic Contracts in the Construction Industry (better
known as the Charbonneau Commission), which
probed corruption in the management of the prov-
ince's public construction contract.
"ere is now a more stringent compliance re-
quirement as a result of Charbonneau," says Ma-
thieu Dubord, a partner in the Montréal office of
McCarthy Tétrault LLP. "e AMF [Autorité des
marchés financiers, which regulates the province's
financial markets] was awarded the right to man-
age a very detailed screening process that [bidders]
have to go through just to secure authorization al-
lowing them to be able to bid on public contracts
and P3s. And it equally applies whether you're
based in Q uébec, another province or any jurisdic-
tion in the world."
Since December 2012, an AMF authorization
has been necessary on all construction contracts
with a value of $5 million or more. For service
contracts and subcontracts entered into pursuant
to a call for tenders, the threshold, as of November
2015, was reduced from that amount to $1 million.
"e AMF verifies whether the applications are
complete and compliant, before forwarding the in-
formation to UPAC, the anti-corruption squad,"
the government said in a news release in June 2015.
UPAC then performs an audit and provides the
AMF with an opinion on the bidder, either posi-
tive or negative.
Dubord says lawyers must ensure potential bid-
ders are aware that getting AMF approval takes
some time, "although it's much faster than when
it first came out and everyone was applying." He
has seen "a number of clients having issues because
they were a little late in realizing that they required
Hull, Robert G.S. Gowling WLG
(416) 369-7313 robert.hull@gowlingwlg.com
Mr. Hull specializes in infrastructure/energy fund formation on behalf
of both managers/sponsors and institutional investors. He also represents
domestic and international clients active in the Canadian infrastructure
and energy sectors.
Houston, Ian J. Borden Ladner Gervais LLP
(416) 367-6111 ijhouston@blg.com
Mr. Houston is the Past National Construction Practice Leader and a certified
specialist in construction law. He advises clients on commercial, contractual
and procurement issues related to major infrastructure and construction
projects, including RFPs, contracts, private-public partnerships, disputes,
and alternative finance. He is recognized as a leading lawyer by multiple
ratings agencies.
Holder, Faithe H. Gowling WLG
(416) 369-7113 faithe.holder@gowlingwlg.com
Ms. Holder is head of the firm's Real Estate, Environmental and Urban
Development Department in Toronto. She focuses her practice in
infrastructure/P3, commercial real estate and construction law.
Heard, Joel A. Osler, Hoskin & Harcourt LLP
(416) 862-6847 jheard@osler.com
Mr. Heard's practice focuses on construction law, infrastructure and energy
projects. He advises clients on project structuring and teaming arrangements
(including PPP, EPC, design-build, EPCM, O&M, JVs, subcontracting),
procurement, contract documentation, risk identification and mitigation,
project execution issues and claims analysis and avoidance.
Haythorne, John S. Dentons Canada LLP
(604) 691-6456 john.haythorne@dentons.com
Mr. Haythorne is the Vancouver lead and National Co-Chair of Dentons
Canada's Infrastructure and PPP group. He practises in the areas of
construction, engineering and infrastructure. He is particularly experienced
in public-private partnerships, advising owners on the structure and
administration of procurement and legal issues relating to design
and construction.
Harricks, Paul H. Gowling WLG
(416) 369-7296 paul.harricks@gowlingwlg.com
Mr. Harricks leads Gowling's Energy, Infrastructure & Mining Group. His
transaction-based practice embraces infrastructure, energy and project
finance. He acts for Canadian and international corporations, funds
and financial institutions.
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