Public-Private Partnerships in Canada

ebook ∣ Volume 1

By Tim Murphy

cover image of Public-Private Partnerships in Canada

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Format

ebook

Author

Tim Murphy

Publisher

LexisNexis

Release

31 July 2020

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Subjects

Federal Banking Law Business Law Construction Law Government Law

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Value for money for taxpayers is a touchstone for governments when procuring and building, operating and maintaining public assets and it is a benchmark public-private partnerships (P3s) have proven they can deliver. The Canadian approach to P3s has positioned the country as a global leader: With close to 300 projects over the last 15 years, the competitive marketplace for P3s in Canada has driven lower prices, leading governments at all levels to develop best practices that are a model to the world.

Public-Private Partnerships in Canada: Law, Policy and Value for Money highlights how that success was generated and what it will take to ensure it continues. This volume will be a valuable resource for a range of readers – whether you're a public servant considering P3s in the context of the public interest, a lawyer trying to understand risk allocation, a businessperson assessing a P3 investment or a construction professional trying to parse how P3s differ from a standard form construction contract.

A comprehensive overview

Beginning with the history and policy context of P3s, this wide-ranging publication then goes on to explore how the risks associated with providing assets and services to taxpayers are managed and mitigated by the public and private sectors.

Overall, Public-Private Partnerships in Canada: Law, Policy and Value for Money offers extensive analysis and insight about a range of P3-related topics, including:

  • The definition of P3s, a description of the common P3 models in Canada and an explanation of the contractual matrix behind the Design-Build-Finance-Maintain model
  • The historical context of P3 development in Canada and an exploration of P3s across Canada – with the federal government and in each province
  • An outline of the public policy factors both for and against P3s as a method of procuring the delivery of public assets and services as well as the characteristics that contribute to a successful P3 from the perspective of the public authority
  • The legal and practical requirements for the procurement of a P3
  • A broad overview of the key risks at play in a P3 and the general principles that underlie risk allocation
  • A review of P3 projects and risk allocation from the perspective of private sector capital
  • A detailed discussion of how risks are allocated in the project documentation among the private sector project participants
  • An outline of the key agreements entered into by the parties to a P3 such as equity agreements, subcontractor agreements, agreements governing defaults and project-specific agreements
  • An examination of dispute resolution in the P3 context
  • A review of the challenges facing P3s in the municipal context and examples of municipal P3s in a variety of asset classes
  • An overview of P3s in the U.S., including their historical development, how the U.S. approach compares to Canada's, federal P3 initiatives, state legislation and agencies, advocacy institutions and recent advances in P3s in the U.S.
  • An assessment of P3s as a tool for economic development in and reconciliation with Canada's indigenous communities

    Public-Private Partnerships in Canada: Law, Policy and Value for Money will be of interest to legal professionals, public servants, entrepreneurs and investors seeking to understand why and how Canadian P3s work. This book will be particularly useful for:

  • Corporate/commercial lawyers
  • Federal and provincial ministries and government bodies
  • Private sector sponsors
  • Financial institutions
  • Insurance companies
  • Pension plans and private equity companies
  • Infrastructure companies
  • Service providers and maintenance...

    • Format

    ebook

    Author

    Tim Murphy

    Publisher

    LexisNexis

    Release

    31 July 2020

    Share

    Subjects

    Federal Banking Law Business Law Construction Law Government Law
    Public-Private Partnerships in Canada