8 LEXPERT
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2016
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WWW.LEXPERT.CA
Bursey, David W. Bennett Jones LLP
(604) 891-5128 burseyd@bennettjones.com
Mr. Bursey's regulatory practice focuses on natural resource development
and infrastructure, environmental assessment, water resource management
and Aboriginal law. He advises natural resource industry clients, First Nations
and government agencies.
Brown, Darryl J. Gowling WLG
(416) 369-4581 darryl.brown@gowlingwlg.com
Mr. Brown's practice focuses on infrastructure, P3 and construction law.
He drafts and negotiates project agreements, construction contracts,
operating agreements and other contracts, and regularly represents
sponsors, operators and design builders.
Bremermann, Eric H. Stikeman Elliott LLP
(416) 869-6821 ebremermann@stikeman.com
Mr. Bremermann practises corporate/commercial law with an emphasis on
Canadian-European cross-border issues, corporate transactions including
M&A and structured and project finance. He has considerable expertise in
the area of renewable energy and independent power production, including
project finance, and has advised clients in the sector in connection with their
entry into Canada.
Braul, Waldemar Gowling WLG
(403) 298-1039 wally.braul@gowlingwlg.com
Mr. Braul advises and litigates on projects that include oil and gas
production, pipelines, LNG, oil terminals, marine shipping, shale gas
"fracking," water, contaminated sites disputes and Aboriginal law issues.
Bowman, Stephen W. Bennett Jones LLP
(416) 777-4624 bowmans@bennettjones.com
Mr. Bowman's practice embraces asset-based financing and structuring.
He is a contributing editor to Corporate Finance and Past President
of the Canadian Branch of the International Fiscal Association.
Bowles, Brendan D. Glaholt LLP
(416) 368-8280 bb@glaholt.com
Mr. Bowles is managing partner of Glaholt LLP. Certified by the Law Society
of Upper Canada as a Specialist in Construction Law, he acts for a variety of
clients, including subcontractors and suppliers, general contractors, owners,
design professionals, sureties and insurers. He has experience conducting
motions and trials in the Ontario Superior Court of Justice
as well as appellate experience.
position since it's heavily infrastructure-depen-
dent due to the size of the country, the climate
and the vast amount of resources. "If you want
to develop these natural assets and move goods
around the country to have the economy grow
you've got to build a ton of infrastructure and,
moreover, it has to work in the winter.
"e real issue is that this massive amount
of infrastructure needs constant renewal," says
Kelsall, "and it hasn't been renewed in a long
time, in many cases half a century or more."
Which leads to the issue of governance, in
the sense of "who's going to steer the ship?" says
Bain. e kinds of municipal activities that are
being explored almost always include funding
from more than one level of government, he
says, oen a combination of federal, provincial
and local investment, so in terms of the gover-
nance framework both challenges and opportu-
nities will exist.
He thinks the signals are that these are go-
ing to be "locally procured in many cases, prob-
ably with some provincial assistance since many
of the provinces have procurement expertise
– both in conventional design/build procure-
ment and through public-private partnerships
agencies – that is well-respected, well-developed
and not always found in depth at the municipal
level, particularly in smaller municipalities."
In Harricks's view, given that it's been a gen-
eration or two since municipalities have been
the recipients of such a large amount of funds
for infrastructure, many of the municipalities
have not had the opportunity to develop the
kind of procurement expertise that, for exam-
ple, the provinces have gained over the years.
Ontario and British Columbia, in particu-
lar, as well as Québec and Alberta, and more recently
Saskatchewan, he says, all have dedicated infrastructure
agencies or governmental departments that are largely
independent from the political process, "while munici-
palities have never really developed this expertise."
Maybe not in the past, but going forward this exper-
tise and the learning curve that precipitates it may not
be so far off. "Some of the larger municipalities I know
have been talking about maybe setting up their own
infrastructure agencies," says Harricks, "but, of course,
you have to be a certain size municipality for that to
make any sense at all."
Smart Cities
e ability of infrastructure to build new economies
and expand Canadians' well-being is being redefined,
says Romoff, as municipalities seek to turn their cities
into smart cities. Looking northward, he highlights the
Northwest Territories' Mackenzie Valley Fibre Link
(MVFL) project, with its state-of-the-art high-speed
fibre optic telecommunications links as a portent of the
infrastructure waves of the future.
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