Canadian Lawyer InHouse

February 2015

Legal news and trends for Canadian in-house counsel and c-suite executives

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29 canadianlawyermag.com/inhouse february 2015 I n d u s t r y S p o t l i g h t aS canaDian governments build hospitals, schools, and transportation in an era of budget constraint and slowing growth, they are turning to the private sector to construct, manage, maintain, and even operate a range of vastly different infrastructure projects. Initial building costs are possibly higher, given that the private sector typically pays more to borrow than governments do. But measured over a 20-, 30-, or even 40-year life span, the major players agree the model of a public-private partnership, an alternative method of building and fi nancing known by its P3 initials, is here to stay. They tout fewer cost overruns, faster construction times, and a transparent long-term management plan. "Government needs infrastructure, but may not have the capital resources at any given time to fund what's required," says Brian Swartz, executive vice president and chief legal offi cer for Toronto-based construction company Aecon Group Inc. "By using the private sector to borrow the money over time . . . it allows governments to fi nance other things and other priorities and at the same time build their infrastructure. It has worked in Canada and it has worked around the world." Swartz says the P3 model has fuelled Aecon's growth in recent years. But he insists it's been successful for governments too. He and others active in the P3 space, say the model is only going to grow. And grow, even despite a scathing report issued in December by Ontario auditor general Bonnie Lysyk which said Infrastructure Ontario's use of private- public partnerships has cost $8 billion more than traditional public fi nancing. Infrastructure Ontario responded quickly, saying the $8 billion number doesn't tell the whole story. "AFP [alternative fi nancing and Private cash for public projects Private cash for Private cash for public projects Public-private partnerships are transforming Canadian infrastructure but at what cost? by JaNeT guTTSmaN

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