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2016
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LEXPERT 5
As to how the projects might proceed, accord-
ing to Bain "the federal government clearly has sig-
nalled they want to have somewhat of a hands-off
approach on decisions about the necessary spend-
ing and that these are inherently local projects and
local decisions should govern."
Essentially, the plan calls for a two-phase ap-
proach. Bain says the government started with
the idea that it wanted shovel-ready projects as op-
posed to billion-dollar transit projects that have
very long-term planning cycles and clearly are not
ready to go immediately.
Hence, he says, "the first and more immediate
phase of shovel-ready projects that focus more on
refurbishment and repair, to expand the lifespan
of municipal infrastructure such as road repairs or
transit signals, to be followed by the larger shovel-
worthy projects with longer planning cycles."
Targeted Sectors
According to a survey by Nanos Research for e
Canadian Council for Public-Private Partnerships
(CCPPP) undertaken early in 2016, and prior to
the Liberal government's March 2016 Budget,
"overall, Canadians believe that investments in
economic, social and green infrastructure should
all be priorities, support running a deficit for the
infrastructure investments and support or some-
what support public-private partnerships [P3s]."
"It's excellent news that the federal government
is committed to long-term infrastructure and to
work in a productive relationship with the prov-
inces and municipalities; it's especially gratifying
they're committed to moving the first phase out
quickly to get the shovels in the ground," says
Mark Romoff, President and CEO of the Canadi-
an Council for Public-Private Partnerships, based
in Toronto.
In terms of phase two of the funding, "our large
urban centres are feeling the pressures of increased
gridlock. It drives up costs and lowers productiv-
ity. Investments in large public transit and trans-
portation projects will be a must for most major
municipalities," says Romoff, who says P3s are
already being used to build LRT lines in Ottawa,
Edmonton, Vancouver and Toronto.
As but one example of great need, says Romoff,
"virtually every municipality has aging water and/
or waste-water infrastructure. When you consider
these oentimes creaky and leaky facilities in the
context that municipalities are being required to
meet new regulatory standards in this area, it's
clear the federal funds are most welcome."
Both the $216-million Saint John Safe Clean
Drinking Water Project, which is currently un-
der construction, and the $364.7-million Regina
Wastewater Treatment Plant use the P3 model,
says Romoff, who is unequivocal that P3s are "just
one tool in the toolkit, not a panacea."
Aycan, Nurhan Gowling WLG
(416) 814-5691 nurhan.aycan@gowlingwlg.com
Mr. Aycan is a member of the firm's Energy, Mining and Infrastructure practice
group. He advises on M&A transactions, securities and corporate finance
matters, as well as on private-equity and venture-capital financings for
high-growth companies.
Armstrong, Robert L. Gowling WLG
(416) 862-3594 robert.armstrong@gowlingwlg.com
Mr. Armstrong is an advocate. He has experience as a trial and appellate
lawyer and as a strategist and creative problem-solver in complex,
multi-party, multi-jurisdictional disputes, working closely with Canadian
and international clients and counsel.
Anderson, Jean E. Goodmans LLP
(416) 597-4297 janderson@goodmans.ca
Ms. Anderson's practice includes financing and corporate transactions,
alternative finance and P3s. Her experience embraces project and structured
finance, domestic and cross-border financings, asset-based lending
and debt restructuring.
Alter, Matthew R. Cassels Brock & Blackwell LLP
(416) 860-6764 malter@casselsbrock.com
Mr. Alter is a certified specialist in construction law. He represents owners
and contractors on domestic and international infrastructure projects
including all aspects of procurement, contract drafting & negotiation
and related disputes.
Allen, Michael S. Farris, Vaughan, Wills & Murphy LLP
(604) 661-9311 mallen@farris.com
In his 40 years of experience in project and corporate finance, Mr. Allen has
been continuously recognized by leading publications. In addition to the
infrastructure and public-private partnership sphere, Mr. Allen's practice has
included mining, energy, forestry and telecommunications, within Canada and
around the world. He is called to the Bar in British Columbia, Ontario, England
and Wales.
Ackerley, Glenn W. WeirFoulds LLP
(416) 947-5008 gackerley@weirfoulds.com
Mr. Ackerley advises owners, contractors and design professionals on
landmark capital and public infrastructure renewal projects. He counsels
his construction industry clients on contracts, procurement, risk avoidance,
claims handling and dispute resolution. Often performing the role of "project
lawyer," he provides ongoing practical advice from the start of a project
through to close-out.
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