A review of the impact of Canadian law, policy and P3 practice on the case for procuring capital-intensive infrastructure services via P3s

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Jatto, Lucky Bryce Junior
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This dissertation investigates the advantages of procuring capital-intensive infrastructure services via Public-Private Partnerships (P3s or PPPs) – cost and time savings and; innovation and high levels of efficiency – accounting for these advantages by reference to the underlying legal provisions and principles that facilitate them; and in this process highlights two significant directions in which Canadian P3 law, policy and practice has evolved – the enactment of P3 legislation and/or the formulation of non-statutory P3-related policy; as well as the establishment of legal institutions that promote and/or facilitate P3 procurements. The dissertation also addresses key arguments raised against P3s, by reference to aspects of Canadian law, policy and P3 practice. The research methodology comprises a detailed review of legal and non-legal sources. The implication of the research findings is that, given the foregoing developments in Canadian P3 law, policy and practice, the key arguments canvassed against P3s are overstated and lacking in merit.
P3s, PPPs, P3, PPP, PFI, AFP, PFIs, AFPs, infrastructure, procurement, investment, private, public, public-private, private-public, policy, law, units, conventional, contract, legislation, statute, case, partnerships, BOT, BOO, BOOT, DBFM, DBFO, Operate, finance, project, BF, DBM, DBOM, partnership, DBFOM, concession, concessions, JVA, JVAs, O&M/M, O&M, BBO, DB, BT, VfM, risk, penalties, public-private partnerships