Public Private Partnerships (P3) and Ventures | FMC Law Firm | Alternative Financing, Concession Agreements, Risk Allocation, Negotiating

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Public-Private Partnerships (P3)

Public infrastructure projects such as roads, hospitals, and schools are increasingly built and managed through public/private partnerships (P3). These arrangements are complex, demanding breadth and depth of legal expertise in project finance, outsourcing, and design/build/finance/operate arrangements.

The P3 Group at Fraser Milner Casgrain LLP (FMC) has experience in alternative funding and P3 projects worldwide, representing governments, public sector institutions, lenders, and project sponsors. Knowing “the other side” helps us anticipate client needs, and advise them on what works—and what doesn’t. Lenders seek to minimize unquantifiable risk: we have special expertise in risk allocation. Implications of labour action, design issues, and operating concerns must all be assessed, quantified and shared. Negotiating those arrangements is where we shine.

Our knowledge of the U.K. Private Finance Initiative and our experience advising on some of the earliest Canadian P3 projects gives us a keen awareness of issues that arise and the problem-solving techniques needed to resolve them. And our national practice group gives seamless service no matter where the project, the sponsors, or the financiers are located. Should tax, environmental, or public policy issues crop up, the resources of our full service firm are at our clients’ service.

Representative Work

Represented the successful proponent Cityzen/Dominus in its negotiations with the City of Brampton in respect of the P3 Project known as Southwest Quadrant Development.

South Fraser Perimeter Road (Gateway Program) - counsel to the design-build joint venture for the Fraser Transportation Group (led by Dragados) on this major highway project, achieved financial close July 14, 2010

RCMP Division E Relocation Project - counsel to the Government of Canada as senior procurement and construction counsel; Client Department of Justice on behalf of its Public Works and Government Services Canada and RCMP. This was the first major accommodation project by Canada achieved financial close in April, 2010.

Fort St. John Hospital Project - counsel to the Concessionaire ISL Health (a private consortium formed by Innisfree and Acciona) on this $300 million DBFM project, which achieved financial close in July 2009

Route 1 Gateway Project - counsel to the lenders supporting one of the consortia that bid for this design build project in New Brunswick

Prince George Cancer Centre - counsel to Innisfree on its bid for this $70 million accommodation project

Royal Jubilee Hospital - counsel to ISL Health, the private consortium chosen to design, construct and operate this new, state-of-the-art, Patient Care Centre in Victoria, British Columbia

Calgary Board of Education – counsel in private-public "partnership" transactions with private developers in respect of constructing and renovating schools in Calgary

Sea-to-Sky Highway Improvement Project - counsel to the Government of British Columbia in connection with the design and construction of extensive improvements to and the ongoing operation, maintenance and rehabilitation of the Sea-to-Sky Highway

Ontario Hospital Project - counsel to the underwriter and lenders to the preferred proponent in connection with the financing of a major Ontario P3 hospital project

A-30 Highway Project - counsel to the Government of Québec

Montreal Conservatory of Music and Dramatic Arts - advised the Province of Quebec and Société Immobilière du Quebec in connection with the development of the Montreal Conservatory of Music and Dramatic Arts and the Montreal Symphony Orchestra Concert Hall

Sierra Yoyo Desan Road Project - counsel to the Province of British Columbia with respect to this highway project in north-east British Columbia

Kicking Horse Canyon Highway Project - counsel to the Government of British Columbia in connection with the design and construction of extensive improvements to and the ongoing operation, maintenance and rehabilitation of this highway in British Columbia

Abbotsford Hospital and Cancer Center - counsel to the financial advisor/arrangers for a short-listed bidder in connection with this P3 project in British Columbia

Highway 407 - counsel to 407 International Inc. in respect of its acquisition from the Province of Ontario of 407 ETR Concession Company Limited which operates and manages Highway 407

Highway 407 - counsel to 407 International Inc. in respect of its initial public offering and various private placements and public offerings as secured bonds

Confederation Bridge - counsel to a significant shareholder of Strait Crossing Developments Inc. in connection with the management, maintenance and operation of the Confederation Bridge between Prince Edward Island and New Brunswick

SuperNet - counsel to the Province of Alberta in connection with the construction and operation of this high speed broadband network

Alberta Parking Facility - counsel to an Alberta based health care provider in the P3 development of a parking facility

Buttonville Airport - counsel to the Ontario Ministry of Transportation in a P3 transaction between the federal, Ontario and municipal governments and the owner of Buttonville Airport

Counsel to Teramira Holdings with respect to its acquisition from Ontario SuperBuild Corporation of the Ontario government’s 50% equity interest in Teranet Inc.

Publications

OECD Forum 2008: Financing Infrastructure

Project Financing in Canada

The Public-Private Partnership: A New Infrastructure Project Financing Model (an interview with Douglas J.S. Younger and Colin J. McIver)