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What is Infrastructure Law?

Best Infrastructure lawyers in Canada as ranked by Lexpert

The practice area of infrastructure lawyers encompasses providing advice and counsel on Infrastructure development, including P3 projects. Various areas of regulatory law impact on development projects, including municipal law and land use planning, and therefore, infrastructure lawyers need to include these advisory services in their practices. Clients also require advice in the areas of Procurement, Alternative Financing, corporate, construction, commercial and litigation considerations.

 

Please note that the Lexpert directory has separate practice area for:

  • Construction lawyers
  • Project finance lawyers
  • Property development lawyers
  • Labour relations lawyers in the construction industry

 

What does an infrastructure lawyer do?

An infrastructure lawyer may represent any sector in the infrastructure industry, bringing in their experience of the different areas of law expertise that overlaps with infrastructure law. They assist clients who are in the public sector – the state agencies, ranging from the federal level down to the municipal level – in its policy-making role, planning of public infrastructure projects, until its implementation. Infrastructure lawyers mostly have as their clients the private sector – contractors, funding entities, or lending institutions – that are engaged with through the public-private partnerships (PPP or 3Ps).  

 

Infrastructure lawyers employ transactional, litigious, and alternative dispute resolution practices. As with all other transactions, drafting and negotiation of contracts is at the heart of every partnership. When disputes or problems arise, parties may enforce mediation or arbitration clauses in contracts. As a last resort, litigations may ensue between them. As such, infrastructure lawyers are present in all these stages in the infrastructure industry.

 

In addition, infrastructure lawyers do not only serve a single sector in the infrastructure industry, but may be assist clients in multi-sectoral transactions, which may also have an international element to it. Thus, infrastructure lawyers are highly skilled in these different nuances of the practice of infrastructure law.

 

All these transactions of infrastructure lawyers are to ensure compliance with government regulations and statutes, and to secure the rights and obligations of all parties.

 

Who is responsible for infrastructure in Canada?

Infrastructure Canada is the federal government department which deals with public infrastructure projects, from its planning up to its implementation – from highways and roads, stadiums, water projects, bridges, among others.

 

Infrastructure Canada is also responsible for policy development with matters relating to infrastructure. Both the Minister of Intergovernmental Affairs, Infrastructure and Communities, and the Minister of Housing and Diversity and Inclusion are also responsible for Infrastructure Canada.

 

In its goal of implementing public infrastructure across Canada, the department is mandated to:

  • Collaborate with other federal agencies, municipal governments, and other stakeholders such as the local Indigenous communities;
  • Create infrastructure that are inclusive, sustainable, and disaster-resilient;
  • Conduct research to identify community needs.

 

The department manages two programs, namely, the Canada Community-Building Fund, and the Canada Strategic Infrastructure Fund.

 

Canada Community-Building Fund

The Canada Community-Building Fund, previously known as the Gas Tax Fund, is a source of funding for local infrastructure projects of municipalities in the provinces and territories. Projects are chosen or proposed by local communities from among the 19 categories of infrastructure projects.

 

Canada Strategic Infrastructure Fund

The Canada Strategic Infrastructure Fund provides resources to eligible recipients in implementing large-scale strategic infrastructure projects. This may either be public or private partnerships. The possible eligible recipients of the fund are provincial and territorial governments, other municipal public sector bodies, or private entities.

 

Canada Strategic Infrastructure Fund Act

The Canada Strategic Infrastructure Fund Act established the Canada Infrastructure Bank (CIB), a federal corporation intended for advisory and investment purposes specifically on large-scale infrastructure projects, through public-private partnerships, for the benefit of Canadians. Its establishment is part of the Investing in Canada Plan to strengthen Canada’s resources for its numerous infrastructure projects. The CIB works jointly with agencies and corporations of all levels – federal, provincial, territorial, municipal – together with Indigenous partners.

 

Over the years, the CIB’s investment plans for strategic infrastructure have evolved which now includes the following priority sectors:

    • Public transportation;
    • Sewage and treatment;
    • Green infrastructure;
    • Trade and transport;
    • Tourism;
    • Connectivity; and
    • Green energy.

 

Who pays for infrastructure in Canada?

In 2016, an investment campaign called the Investing in Canada Infrastructure Program was established by the federal government, which aims to invest $180 billion public funds over the span of 12 years for infrastructure projects to be implemented throughout all of Canada.

 

The Program has four targeted funding streams for its investments in infrastructure:

  • Public Transit: to improve the capacity, quality, safety and accessibility of public transportation;
  • Green Infrastructure: to address climate change mitigation, and disaster resilience, adaptation, and mitigation;
  • Community, Culture and Recreation Infrastructure: to improve cultural spaces, recreational facilities, and community centres and libraries;
  • Rural and Northern Communities Infrastructure: to improve local transport systems, ensure food security, improve broadband connectivity, access to energy sources, and educational and health facilities.

 

In the implementation of infrastructure projects, the federal Government of Canada partners with provincial and territorial governments through the execution of bilateral agreements between the government-parties. Projects under these bilateral agreements are also assessed through the Climate Lens Assessment, which is the tool used to measure the climate impacts of infrastructure projects in Canada. It aims to construct disaster-resilient and climate-smart infrastructures, with lesser energy costs and minimal carbon footprint.

 

Local Canadian communities are engaged with to have a more inclusive approach in these infrastructure projects. Indigenous communities must be consulted with in line with the guidelines provided by Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC). The Community Employment Benefits General Guidance is also used to measure the social outcomes of infrastructure projects, such as the employment opportunities provided for members of under-represented groups, and the increase and retention of diverse employees.

 

These key tools and project monitoring procedures that the Investing in Canada Infrastructure Program does not only address infrastructure needs of the country, but also that it does not disregard the social impacts these large infrastructure projects have on local communities. Infrastructure lawyers frequently get involved representing either side of these projects.

 

Who owns critical infrastructure in Canada?

“Critical infrastructure” is a system of physical infrastructures and information technology essential for the holistic well-being of Canadians and the productive operations of the state. These critical infrastructures transcend boundaries, working between provincial and territorial governments, or with the federal government. Any interference of these systems is prevented, as this would affect the normal day-to-day transactions of Canadians and the economy.

 

These critical infrastructures are largely owned by the private sector (i.e., private companies and corporations) compared to public sector (i.e., the state and its agents). Among the Canadian public sector, the critical infrastructures are mostly run and owned by the municipal governments; followed by the provincial and territorial governments; with minimal critical infrastructures found in Indigenous communities, and the federal government.

 

What are the 10 critical infrastructure sectors in Canada?

The National Strategy for Critical Infrastructure, which is the collaborative strategy among and between the federal, and provincial and territorial governments, listed 10 critical infrastructures:

  1. Energy and utilities
  2. Finance
  3. Food
  4. Government
  5. Health
  6. Information and communication technology
  7. Manufacturing
  8. Safety
  9. Transportation
  10. Water

 

In need of additional information about infrastructure law? Below is the list of the best infrastructure lawyers to reach Lexpert Ranked status, reach out to them with your concerns.

Jody E.C. Aldcorn
Jody E.C. Aldcorn
Year called to bar: 1998
Vancouver, British Columbia
McCarthy Tétrault LLP
Michael S. Allen
Michael S. Allen
Year called to bar: 1976
Vancouver, British Columbia
FARRIS
Sarah J. F. Bird
Sarah J. F. Bird
Year called to bar: 2005
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Linda G. Brown
Linda G. Brown
Year called to bar: 1990
Vancouver, British Columbia
McCarthy Tétrault LLP
Douglas B. Buchanan
Douglas B. Buchanan
Year called to bar: 1985
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Ryan R. Chalmers
Ryan R. Chalmers
Year called to bar: 2007
Vancouver, British Columbia
Aird & Berlis LLP
Samantha Cunliffe
Samantha Cunliffe
Year called to bar: 2009
Vancouver, British Columbia
McCarthy Tétrault LLP
Christopher W. Eagles
Christopher W. Eagles
Year called to bar: 2001
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Jenya Hammond
Jenya Hammond
Year called to bar: 2012
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
John S. Haythorne
John S. Haythorne
Year called to bar: 1981
Vancouver, British Columbia
Dentons Canada LLP
Charlene Hiller
Charlene Hiller
Year called to bar: 2004
Vancouver, British Columbia
Bennett Jones LLP
James (Jay) J. LeMoine
James (Jay) J. LeMoine
Year called to bar: 1998
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Mark V. Lewis
Mark V. Lewis
Year called to bar: 1997
Vancouver, British Columbia
Bennett Jones LLP
David W. Little
David W. Little
Year called to bar: 1995
Vancouver, British Columbia
Bennett Jones LLP
Karen Martin
Karen Martin
Year called to bar: 1985
Vancouver, British Columbia
Dentons Canada LLP
Maria K. McKenzie
Maria K. McKenzie
Year called to bar: 1992
Vancouver, British Columbia
FARRIS
Natasha Rana
Natasha Rana
Year called to bar: 2015
Vancouver, British Columbia
Gowling WLG
Douglas R. Sanders
Douglas R. Sanders
Year called to bar: 1990
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Jamie Templeton
Jamie Templeton
Year called to bar: 2010
Vancouver, British Columbia
Stikeman Elliott LLP
Morgan A. Troke
Morgan A. Troke
Year called to bar: 2008
Vancouver, British Columbia
McCarthy Tétrault LLP
Elizabeth Mayer
Year called to bar: 2003
Vancouver, British Columbia
DLA Piper (Canada) LLP
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