Public-Private Partnerships & Infrastructure

P3s can be an effective alternative to traditional methods of public infrastructure procurement. By creating incentives and allocating risks, P3s can align the interests of various stakeholders to produce innovative solutions.

Successful projects bring together experience in the design, management, financing, construction and operation of P3s. Arrangements among the parties are often long-term and complex. MLT Aikins lawyers are experienced in providing practical legal solutions and documenting the obligations and responsibilities of the parties.

Our firm (then MacPherson Leslie & Tyerman LLP and Aikins, MacAulay & Thorvaldson LLP) and lawyers were recognized in the 2014 and 2016 Lexpert Special Edition on Canada’s Leading Infrastructure Lawyers.

We help prepare effective documentation on P3s in connection with:

• RFPs
• bidding
• project structuring
• project execution
• financing
• project operation and maintenance

We advise on:

• bid evaluation
• fairness practices
• permits and approvals
• P3 project analysis
• structuring and advising project teams
• complex partnership relationships
• post completion issues

We have a reputation for providing solutions to consortia, constructors, subcontractors, governments and lenders.

Members of our P3 team have multi-disciplinary experience in procurement, real estate, commercial, construction, IT, cleantech, renewable energy and finance law and are uniquely able to provide comprehensive, cost-effective advice for all aspects of P3 development.

• Disraeli Bridges Redevelopment: Represented the City of Winnipeg on a design-build-finance-maintain (DBFM) project that transferred overall responsibility for design, construction and long-term maintenance to a single private sector party. The project cost is $195 million. This project was awarded the 2012 C.W. Chuck Wills Award by the Canadian Council for Public-Private Partnerships.
• Iqaluit International Airport Improvements: Advised the project proponent in connection with a design-build-finance-operate-maintain (DBFOM) project that includes the rehabilitation of the existing runway, new and existing taxiways and aprons, an airfield lighting system, a new air terminal building and a new combined services building. The project cost is $300 million.
• Chief Peguis Trail Extension Project: Represented the City of Winnipeg on a P3 project based upon the DBFM procurement model under which the City will pay a private sector party for developing and maintaining the roadway and related structures by a combination of payments made during construction, payments made following commissioning and payments made over the 30-year maintenance term. The project cost is approximately $128 million.
• Property Registry (Manitoba) – Exclusive Concession Agreement: Advised Teranet on local Manitoba matters in connection with its acquisition of the Manitoba Property Registry and exclusive concession agreement. The project cost was $75 million with continuing long-term payments between $11 million and $24 million per year.
• Plessis Road Infrastructure Project: Advised a Canadian chartered bank on lending agreements with a private sector partner in connection with a P3 project for municipal infrastructure.
• Advanced Metering Infrastructure for the Kurdistan Regional Government in Iraq: Represented an international consulting subsidiary of a hydro-electric utility that was one of the private sector partners in a successful bid in connection with the design, installation, operation and maintenance of an advanced electrical metering project.
• Mozambique Hydro-Electric Project: Represented the international consulting subsidiary of a hydro-electric utility in providing consulting services to a Paris based bank in connection with the transfer of ownership of a hydro-electric facility.
• Power Production Projects: Advised SaskPower in connection with the procurement and development of several power plant projects involving P3s and alternative financing arrangements.
  • Swift Current Power Plant: Development and implementation of an RFP and VfM analysis of project proposals submitted by independent power producers and an owner-controlled bid-team for the delivery of 350 MW combined cycle gas turbine power generating facility near Swift Current, Saskatchewan.
  • Spy Hill Peaking Power Plant: Development of an 86 MW peaking power plant by Northland Power. Estimated project cost is $145 million.
  • North Battleford Baseload Power Plant: Development of a 261 MW baseload power plant by Northland Power. Estimated project cost is $700 million.
  • Meridian Baseload Power Plant: Development of a baseload cogeneration power plant by Husky and Transalta.
• Saskatchewan Health Care Linen System: Acted for 3sHealth in the outsourcing of Saskatchewan’s provincial health care linen system to K-Bro Linen Systems. K-Bro will design, build, own and operate replacement laundry facilities for Saskatchewan’s health-care facilities under a long-term Project Agreement.
• Information Services Corporation: Served as counsel to Information Services Corporation in connection with its privatization and initial public offering, including in connection with the negotiation of a 20-year master services agreement providing for the appointment of Information Services Corporation as manager of the Saskatchewan land, land surveys, personal property security and corporate registries.
• Regina Waste Water Treatment Plant: Served as Saskatchewan counsel to a short-listed project team for a public-private partnership to design, build, finance, operate and maintain Regina’s waste water treatment plant.
• Swift Current Long-Term Care Centre: Acted as local counsel to the lenders in connection with the financing of the construction of a long-term health-care facility in Swift Current.