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The Public-Private Partnership Law Review - Canada Chapter

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Canada has developed a sustained and robust market for the development of public infrastructure using the public-private partnership (PPP) model. Since the 1990s PPP procurement has significantly expanded to the extent that PPP projects are now procured at all levels of government (federal, provincial and municipal) across the country. The provinces of British Columbia and Ontario remain the leaders in Canada in terms of volume of projects; however, nearly every province and territory has successfully completed a PPP procurement.

Much of Canada's modern infrastructure is being delivered using publicprivate procurement models and PPP 'best practices' which have received recognition and attracted participants from around the world. The PPP experience in Canada is primarily in the transportation or health-care industries; however, successful results in those areas has resulted in a PPP delivery model being used for infrastructure in other sectors including energy, defence and culture. Canadian corporations, legal advisers and consultants with significant experience in the Canadian PPP sector are also competing and providing expertise for PPP projects globally.

The year 2014 represented another noteworthy year in the Canadian public-private partnership marketplace. Between 1 January 2014 and 1 February 2015, 19 projects across Canada reached financial close, construction was completed on another seven projects, and more than 30 other projects issued a request for qualifications (RFQ), request for proposal (RFP), or both. Of particular note, the federal government reentered the PPP market with the issuance of the RFQ for the New Bridge for the St Lawrence Corridor project.

This resource will also cover:

  • The general framework of PPPs, including types of PPP and the authorities involved
  • General requirements for PPP contracts
  • The bidding and award procedure
  • PPP contracts, including discussion of payments, state guarantees, and distribution of risk
  • PPP financing
  • Recent PPP decisions
  • The outlook for Canadian PPPs

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