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ISBN 0-662-40649-4, Cat. No. A114-18/2005E-HTML
Agriculture and Agri-Food Canada Publication Number 10044
/E
Également offert en français sous le titre :
Étude sur les partenariats public-privé
dans les collectivités rurales et du nord du Canada
Agriculture et Agroalimentaire Canada Nº de publication 10045/F
P3 Advisors was asked to undertake a review of the current status of P3s in
rural, remote, northern
and First Nations communities. The objective of this review was to address the following issues
- The benefits and risks of P3s in addressing gaps in:
- Infrastructure; and
- Service Delivery.
- The usefulness and appropriateness of P3s for First Nations communities.
- The application of P3s to single communities, and/or regions and communities working
together.
- The general usefulness of P3s to rural, remote, northern and First Nations communities.
- The capacity required by a municipality that wants to do a P3
A thorough desk research was conducted, and interviews with selected officials involved in P3s in
rural and northern communities were undertaken to determine the level of use of P3s.
Evidence has shown that P3s are being used in rural Canada, more particularly in certain sectors
such as Water, Recreation and Culture, Transportation and Accommodation (Housing and Offices).
Documented evidence of these examples is very limited, therefore dissemination of information
becomes challenging. Most of the respondents to the questionnaires and interviews were very
pleased with the P3s they have initiated and cite that services have improved and value for money
was achieved.
All levels of government are encouraging the use of P3s or its derivatives for leveraging their
investment in public infrastructure and associated public services. But the lack of coordination,
guidance, communication and standardization has inhibited the use of P3s as one of the delivery
tools for much needed infrastructure renewals.
While issues such as the size of the projects, access, connectivity and lack of knowledge may
affect the feasibility of P3 service delivery and infrastructure for rural Canada, the benefits of
embarking on the P3 journey out-weigh the risks for well planned initiatives.
The potential for P3 arrangements to respond to rural Canada needs is very high. Location does
not seem to be a major factor. It is rather the lack of capacity that is seen as an important factor in
the deployment of P3s, specifically the required skills and expertise may not be resident in a
community which is contemplating a P3, therefore the import of such skills would be required. The
challenge for First Nations is accentuated by the peculiarities of the funding models.
Rural, northern and First Nations communities could benefit greatly from P3s. The road map ahead
could include the following concepts:
- The exploration of public ownership of the infrastructure asset or facility may be a
determining step to get government backing. Similarly the financing portion of the transaction
could be undertaken by the public sector entity independently from the P3 arrangement.
- Several sectors may benefit from government sponsoring the development of pilot projects
which would demonstrate the benefits of P3s. Such sectors include Water/Waste Water,
Recreation and Culture and Housing where there is evidence of high demand and lack of
a planned infrastructure.
- The development of specific roadmaps for sectors or communities by type may facilitate the
knowledge transfer, communication, and standardization.
- The development of templates for sectorial analyses, such as business case, financial
analysis, legal framework, contractual language, procurement documentation, etc.
- The creation of a clearinghouse environment for the provision of resources and guidance.
- Closer collaboration between all levels of government to promote the use of P3s as one of
the tools for the delivery of much needed infrastructure and services, and the establishment
of regulatory frameworks to facilitate P3s.
1 BACKGROUND
1.1 Introduction and Objectives of the Study
The objective of this study was to develop a better understanding of how
rural, remote, northern
and First Nations communities can utilize appropriate public-private partnership (P3) mechanisms
to improve the service delivery infrastructure of their community and region. This study identified
that public-private partnerships (P3s) can address gaps in service delivery and infrastructure in
rural, remote, northern and First Nations communities. This study was not intended to produce
a "how to guide", yet it does provide recommendations on how public-private partnership
mechanisms are best used. A list of the short-comings of P3s was included, as well as was a list
of things that such communities "need to do" in order to implement successful P3s.
The Steering Committee raised the following as their key concerns associated with stimulating P3s
within a rural, remote, northern and First Nations context:
- Current status of P3s in rural, remote, northern and First Nations communities.
- Benefits and risks of P3s in addressing gaps in:
- Infrastructure; and
- Service Delivery.
- Usefulness and appropriateness of P3s for First Nations communities.
- Application of P3s to single communities, and/or regions and communities working together.
- General usefulness of P3s to rural, remote, northern and First Nations communities.
- The capacity a municipality needs in order to do a P3
These key concerns are addressed in further detail later in this final report.
1.2 Definition - Rural, Remote and Northern communities
For the purposes of this study, P3s in Rural and Northern Canada, an exact definition was not
used. The Steering Committee members had agreed that the definition should be as flexible and
inclusive as possible. The "rough" guidelines of Rural and Small Town Communities (RST) were taken
into consideration when we conducted the research. However, as requested, we concentrated on
smaller centres, keeping the definition of "rural" both open and flexible because of the limited
amount of literature publicly available for review.
Focused on the smaller centres (using the RST definition as our rough guideline) we addressed
questions such as: 'What is the state of public-private partnerships in rural and northern
communities?' We found there were only a handful of public-private partnerships in small rural
centres that had any literature for us to review, so we expanded the study to include public-private
partnerships in centres with a population of under 25,000, and then with a population of under
50,000.
Next, we concentrated on smaller centres (again using the RST definition as a rough guideline). We
analyzed how public-private partnerships can be used and applied in rural and northern
communities. We made exceptions when there were good or interesting examples of public-private
partnerships in rural centres with a population larger than 10,000, and we made exceptions when
dealing with northern centres.
Lastly, we studied examples of public-private partnerships in larger rural centres. We found that
there were useful lessons that could be learned from these examples.
By definition, the areas referred to as being Rural and Small Town (RST) are areas where the
population lives outside of the Census Metropolitan Areas (CMAs) or the Census Agglomerations
(CAs). A CMA has an urban core of 100,000 or more and a CA has an urban core of 10,000 to
99,999. CMAs and CAs include all neighbouring municipalities where 50 percent or more of the
workforce commutes into the urban core. Thus, RST areas represent the non-CMA and non-CA
population.
A drawback of the RST definition is that it considers some of Canada's more remote communities
of 10,000 - 20,000 as being "Urban". In addition to the RST definition, there has been some
discussion on defining metro-adjacent, non-metro adjacent, and northern and remote. The
definitions would be based on the amount of labour income from urban areas and the degree to
which the economy of the rural area is integrated into an urban economy. However, specific limits
and guidelines have not been set and this definition has not been further developed.
The focus has been therefore placed on smaller centres, with populations under 10,000, and those
areas that are not heavily influenced by a larger centre. Some flexibility in the study was required
in order to include some northern and remote centres that have a population larger than 10,000.
1.3 Definition - First Nations Communities
It was recommended that for the purposes of this study, we use the term "First Nation
community",
when referring to our research/literature review. This term includes First Nations, Métis, Inuit and
Innu communities.
1.4 Definition - Public-Private Partnerships
P3s are defined as arrangements between public sector and private sector entities which provide
public infrastructure, facilities and related services. The most successful partnerships draw on the
strengths of both the public and private sector to establish complementary relationships. Typical
partnerships involve identifying and appropriately allocating risk; sharing the responsibilities and
associated rewards; and accessing resources (capital, infrastructure and skills) which otherwise
would not have been available to the sector standing alone. The contracts are not prescriptive, but
provide the opportunity for the private sector partners to introduce innovations which may not have
been possible for the public sector institution. Typically, the ability to convert capital funding
requirements into a constant expense stream is one of the major driving factors.
P3s should be viewed as an alternative tool for the delivery of public infrastructure and/or services.
A P3 will have a specific term, which will be defined in a legal agreement. In many cases,
municipally or publicly owned land will be provided as part of the agreement, but this does not
define a P3.
P3s should not be confused with economic development initiatives. Economic development could
be one of the objectives of a P3, but it will not be the sole objective.
Characteristics of typical P3 projects
A typical P3 project has Design, Build and Operate elements as part of the transaction. Project
financing could also be included. Although each P3 project is unique, the following characteristics
are usually present in P3 initiatives:
- The development, design, construction, financing, management, operations, maintenance
and life cycle renewals of a facility.
- The financing of the initial capital investment and of the ongoing infrastructure needs during
the term of the project;
- The development of a long-term relationship between the public and private sector partners
(e.g. 25-40 years);
- The costs related to operating the facility and services are the responsibility of the service
provider;
- There should be a guaranteed revenue stream from the public institution, typically through
both a facility fee (fee for the investment required in the infrastructure) and service fee
(ongoing operations fee);
- Results-based needs are identified, tracked and managed in order to meet the public
sector's expectations;
- The provision that ownership of the facility is reverted back to the public institution with or
without a residual payment at the end; and,
- The land is owned by the public sector partner.
Scope of P3 Options
There are several contractual types that a public sector entity could contemplate when exploring
a P3 arrangement. These will range from a simple Operations and Maintenance, to a Build-Own-Operate-Transfer (known as BOOTs), or a Lease-Develop-Operate where the public sector retains
ownership. Whichever option is pursued, a thorough review of the advantages and limitations
usually takes place during the planning stage to ensure that the ultimate P3 contractual
arrangement selected is consistent with the objectives and expectations of the public sector entity.
Most of the successful P3s with infrastructure components have been done as BOOTs, while most
of the P3s dealing with services have been Operations and Maintenance agreements. Whichever
contractual arrangement is selected, it is the transfer of risk that truly defines a project as a P3. The
more elements that are bundled into one package, the more the risks to the public sector are
reduced.
A P3 arrangement is different from a simple contracting out, or outsourcing, of services where the
public sector still retains significant control of how the services are delivered. In a P3, the public
sector defines outputs and outcomes, and the private sector designs solutions to meets these
outputs and outcomes, without having to get approval and consent from the public sector for every
decision.
Appendix A provides a comprehensive review of P3 options and their advantages and
disadvantages. It is important when choosing the appropriate P3 option to ensure that the public
services that will be delivered through a P3 provide value for money to the taxpayers. A value for
money test could be as simple as determining the total cost of providing the infrastructure and
services throughout the lifetime of the project using traditional versus P3 methods and being able
to show that the cost is lower using a P3.
Some of the advantages of using a P3 could be:
- Improved service delivery;
- Access to private sector experience;
- Cost savings;
- Transferring risks to the private sector (for example to cap cost overruns) ;
- Opportunity to develop and deliver complementary services;
- Reduction in design and construction times; and,
- Maintaining assets at a higher level and upon transfer in good working condition.
Some of the disadvantages and limitations of using a P3 could be:
- Collective agreements may prevent it;
- Reduction in public sector control;
- Difficulty in responding to changing public demands and possibly increased costs to make
changes;
- More complex procurement processes;
- Lower capital costs may be offset by higher operating and maintenance costs;
- Financing risks may reside with the public entity (on-balance sheet);
- Expertise required to plan, procure and draft legal agreements may be too costly; and,
- Setting of user fees may be at the discretion of the private sector.
Concerns about P3s
Over the last several years there have been mixed reports about the success of P3s in creating
additional public infrastructure. Some of these concerns arise from misconceptions about P3s, while
some are genuine issues of concern. Successful P3s confront and deal with these issues during
the planning stages. Some of the concerns that have been identified are as follows:
- "P3s are the same thing as privatization." Privatization means that the public sector entity
has decided to stop delivering a particular public service and will allow market forces to
determine the type and level of services to be delivered (e.g. Air Canada). In a P3, the public
sector retains accountability for, and authority over, the level of services to be provided.
Good accountability and governance structures in place at the outset will prevent the private
sector partner from engaging in any unwanted or surprise activities, such as implementing
or increasing user fees.
- "Local government will lose control in a P3 arrangement." This could happen if the local
government does not establish the ground rules, performance standards and service levels
properly.
- "P3s only apply to infrastructure projects." P3s can successfully deliver public services as
well as facilities.
- "Governments enter into a P3 to avoid debt." While the debt might be on someone else's
books, the ability to do "off-balance sheet" financing should not be the reason to use a P3.
The emphasis should be on structuring creative and cost-effective ways for delivering
services and related infrastructure, and not on creative accounting.
- "Workers will lose out under a P3". P3s need to reflect the prevailing labour laws of the
province or jurisdiction as well as the collective agreements already in place. While there
has been some very vocal organized labour opposition to P3s, most of it is ideological.
Dealing fairly with the affected staff, and taking into consideration existing collective
agreements during the planning stage of a P3 should alleviate the misconception that
unionized workers cannot deliver services in a P3, or that the existing workforce will
automatically be replaced.
- "Service costs will increase to cover the private sector profit." Value for money testing in
terms of affordability will play an important role in determining if a P3 is the right choice. The
private sector partner has to earn a return on the risk it has taken, but the return should
come from the efficiencies that the private sector is able to make.
- "P3s require specialized skills, in terms of technical, financial and legal expertise, that many
communities may not have access to." While every P3 is unique, there are a growing
number of consulting firms who can assist communities in the P3 process. Also, several
provincial governments have created toolkits and templates that can be used. It is important
to budget adequately for such resources, whether they are internal or external, and to have
a plan for when to deploy such specialized resources.
P3 Defined for this Study
For the purposes of this study the definition of Public-Private Partnerships was left very flexible and
open for interpretation. We were advised by steering committee members to be as inclusive as
possible when reviewing the literature that was available from these rural and northern
communities. Alternative Service Delivery (ASD) initiatives were added if they fit the established
definitions and criteria. The overarching criteria were that the type of project to be included had
services provided by a P3 or ASD, and it had to be a public service, and not only an economic
development, activity.
P3 Forward
The Canadian P3 marketplace is growing. There are a few large, and several smaller fully
operational P3 projects. For example the Highway 407 toll road in Ontario, the Confederation Bridge
between Prince Edward Island and the mainland, the Ontario government's joint venture delivery
of the land registry system (Teranet) as well as several projects in the water and
cultural/recreational market sectors. The creation of Partnerships British Columbia, the former
Ontario SuperBuild Corporation and the Canadian Infrastructure Program have reinforced the public
sector's interest in exploring, and implementing, partnerships that allow for the delivery of much
needed infrastructure. We have also recently seen the Federal Government show its support for
P3s with Prime Minister Paul Martin's appointment of a Parliamentary Secretary whose only focus
is Public-Private Partnerships (December 2003).
2 APPROACH AND METHODOLOGY
In conducting this study, P3 Advisors worked in collaboration with the Steering Committee
members, and adhered to the following broad steps:
2.1 Desk Research
There were three sources of information categories for the desk research.
Category One: Existing information from within the P3 Advisors Inc. staff and subject matter
experts, and from the Steering Committee members.
Category Two: Information collected through desk research from web sources, specifically the
sources identified in the study, including public and private sector activities.
Category Three: Information collected from the Steering Committee members and other P3 experts
in the market.
The output of this step is presented in Appendix B - Literature Review Results
2.2 Identification of Long List of P3 Projects
Based on the outcome of the desk research and taking into consideration the agreed upon
definitions, potential projects were identified, categorized and listed under the following headings:
Sector
|
Rural |
Remote/Northern |
First Nations |
Water and
Wastewater |
|
|
|
Energy |
|
|
|
Transportation |
|
|
|
Health |
|
|
|
Education |
|
|
|
Broadband |
|
|
|
Housing |
|
|
|
---|
A project template was prepared with, and agreed upon by, the Steering Committee. The outcome
of this step is included in Appendix C - Long List of Identified P3 Projects.
2.3 Short List of Projects for Case Study
A review by the Steering Committee of the potential P3 projects was conducted and based on the
definitions and objectives of the study, a short list of projects were identified from the
aforementioned Long List, and categorized under the same headings as in Step 2.2 above. The
Short List included 10 projects, plus an additional 5 projects used as back-ups.
A questionnaire was developed. It was discussed with the Steering Committee members and used
to conduct the case studies. Appendix D provides the content of the Questionnaire.
Interviews, where possible and practical, were conducted with a selected number of case study
project personnel, and the information gathered during these interviews was incorporated in the
next step of this study.
2.4 Drafting of the Final Report
The Final Report was drafted based on the information collected. It addressed the objectives of the
study, as identified in Section 1.0 of this document.
The Draft Final Report was discussed with the Steering Committee and their comments
were
incorporated into the final document.
2.5 Limitations and Qualifications
During the conduct of this study, P3 Advisors relied on publicly available information, and input from
various sources. When reading the report the following should be taken into consideration:
- P3 Advisors did not audit, verify or validate the information provided to us, so we cannot
guarantee its accuracy.
- Most of the information was sourced from publicly accessible sites, and while a thorough
desk research was conducted, there could exist other information that was not included, that
may prove to be material to this study.
- The information collected was based on best effort, given the scope of the study, the
timeframe, and the level of effort expended.
3 SUMMARY OF FINDINGS
3.1 Current Status of P3s in Rural and Northern Communities
3.1.1 Evidence from Research
Desk Research
A thorough desk research was conducted. All of the publicly available information was reviewed and
listed in Appendix B. While keeping in mind the scope and parameters of this study, we found that
the documented evidence of Public Private Partnerships in Canadian rural,
northern and First
Nations communities is very limited, therefore the dissemination of information was challenging.
The only information sources we were able to use for the purpose of this study were found in
documents published by the Canadian Council for Public Private Partnerships, or on the Industry
Canada website. We found that there was little published which provided relevant information
relating directly to rural, northern and First Nations communities in Canada.
The researched material did not provide nor include any high level analysis of the value of P3s in
rural and northern communities. There were, however, many documents (identified in Appendix
B) that discussed P3s in general terms, and we were able to use these to help formulate some of
the statements and opinions provided in this study.
Identification of Projects - Long List
The desk research yielded a total of thirty-six projects that met the criteria used to define P3s and/or
Alternative Services Delivery (ASD) in a rural or northern setting. In further discussions with the
parties identified in these projects, they were able to give us information regarding other projects
that have been implemented, or are in the planning stages which fit into the established criteria, but
where there was no published information.
The Steering Committee members acknowledged that additional projects do exist, and that they
could number as many as an additional dozen. Therefore we estimate that the number of P3
projects in rural and northern communities, to date, is fifty.
Table 3.1 below summarizes the list of the thirty-six projects that were identified.
Appendix C provides additional information about each of the thirty-six projects.
Table 3.1- Summary of the P3 Identified Projects (Long List)
Sector |
Rural |
Remote/Northern |
First Nation |
Water and Waste
Water |
Canmore Water
Goderich Water
Norfolk Water
Port Hardy Water
|
|
|
Energy |
|
Sudbury District
Energy |
James Bay (Five
Nations Energy) |
Housing/ Office
Accommodation |
Aurora College |
Nunavut Office
and Housing |
|
Health |
TeleHealth Ontario |
|
|
Recreation |
Cape Breton - Centre
200
Collicutt Centre
Cranbrook Multi-purpose
Complex
Cumberland Rec Facility
Ingersoll Rec
Innisfil Rec
Weyburn Rec
|
Thunder Bay
Tournament
Centre |
|
Transportation |
Belledune Port
Chilliwack Airport
Cobequid Pass
Goderich Harbour
Johnson Mariner Way
Overpass
Merritt Truck Route (BC) |
Quinsam Mine
Expansion |
Slate Falls First
Nation access road |
Education |
O'Connell Drive School
Cambrian College |
|
Campbell River
Preschool |
Economic
Development |
|
Northern
Saskatchewan
Multi-Party
Training |
Aboriginal
Development
Program (Wood
Buffalo)
Business at the
Summit
|
Other |
Lanark Communications
CEONET |
Sault Ste. Marie
Innovation Centre
|
Little Red River
Cree and Tallcree
First Nation
(Forestry)
Rocky Bay First
Nation (Fisheries)
CEONET |
---|
Note: Short List Projects are underlined in this table, as per 3.1.1, sub-heading 'Short List of Identified Projects'
Based on the information collected, it is evident that P3s and ASDs have been used in rural and
northern communities and most particularly in the following sectors:
- Water and Waste Water
- Recreation and Culture
- Transportation
- Office Accommodation/Housing
- Education
From the analysis of the thirty-six identified projects, we have made the following observations:
- A significant number of the projects (over 30%) involved only Operations and Maintenance
services - the public sector retained all capital decision making (initial capital and life cycle
capital). Typical agreements for such projects were for five years with renewable terms.
- There were very few projects (approximately 10%) that explored the transfer of most of the
risks to the private sector as the type of projects included did not lend themselves to
additional risk transfer. Typically in P3s, more risks are transferred.
- In most cases where initial capital financing was part of the project, the public sector took a
very active role in either providing the capital, or guaranteeing some aspects of the capital
funding.
- A few projects (less than 20%) were discontinued or not renewed after the initial contract
expired. Reasons given included the difficulty in aligning the labour force behind the P3 (no
union buy-in) or the inability of the business cases to move forward with the renewal of the
agreements (i.e. the value for money test was not favourable).
- In a few cases (less than 15%), the private sector partner team included not-for profit
organizations or provincial Crown Corporations which assisted in one or more aspect of the
project.
- Little information was available on projects that were initially explored as P3s, but then did
not go forward. This type of information would not usually be readily available, and therefore
data mining of municipal council proceedings would be required to find this information.
The following issues and challenges were typically encountered in urban
centres and are likely to
be present in rural areas as well. Some of the typical characteristics were:
- Having a political champion working hand in hand with an administrative champion
enhanced the likelihood that the project would move forward in an expeditious way. Some
major cities in Canada and in the UK have enacted P3 policies and created units within their
administrative structure to focus on the feasibility of using P3s for public infrastructure and
services.
- Enacting legislation or regulation for dealing with affected employees has been a critical step
in planning for the possible use of P3s. While most municipalities have had to follow their
provincial regulations, there were several collective agreements that prohibited the
contracting out of public services. Several municipalities have used P3s for growth oriented
projects so that they do not conflict with existing collective agreements.
- The bankability of P3 projects, including the cost of financing, was a major element in the
exploration of the suitability of P3s. In some cases, the public sector had retained the
funding of P3 projects internally as they could borrow money at a cheaper rate than could
the private sector, but they have transferred the other risks to the private sector partner
(those involving the design, construction, operation, maintenance and the provision of life
cycle renewals to the facilities). In other cases, it was observed that the bankability of the
project was not assessed thoroughly during the planning stages, and at the procurement
stage it was discovered that private financing was only available at a rate that made the
business case difficult to defend, from a value for money test perspective. The bankability
challenge applied to all P3s regardless of whether the setting was Urban or Rural.
Short List of Identified Projects
The short list of P3 projects that were identified in consultation with the steering committee are
underlined in Table 3.1 above. As part of the assessment of the status of P3s in
rural and northern communities, interviews were conducted with contacts involved in a select number of the Short
Listed projects. As of the publication date of this report (March 2004), 8 case study interviews have
been conducted. Additional desk research into the short listed projects has also been conducted.
The analysis of the case study interviews could be summarized to-date as follows:
- There was overall consensus that the communities received value for money and were able
to get infrastructure delivered faster with a P3 delivery model, than if they had used
traditional procurement processes. Using a P3 delivery model requires less planning,
documentation and other steps than traditional methods. Traditional methods follow
established procurement processes, based on historical delivery techniques, such as
tendering for the design separately from tendering for the construction or operations. P3
delivery models bundle project delivery components together. They were also able to obtain
services not previously offered, or improved the quality of the services delivered to their
communities. In all cases, the overall cost of delivering the project as a P3 was lower than
with a traditional method. In two cases the capital costs were over 35% lower using a P3
rather than using what the public sector had planned for under traditional methods. The
communities reported that the private sector provided innovative ideas, not only to lower the
capital costs, but also to devise solutions that were not considered during their own
planning stages, and that they were able to deliver all the required functionalities and
services. In both cases the facilities were delivered on schedule and within budget. In all
cases the ability to operate the facilities at a lower cost was cited as the major contributor in
deciding to go forward with a P3.
- Partnering with local business or service providers was identified as a key success factor in
some of the cases. Several examples included private sector partners who had a vested
interest in ensuring the success of the P3, as they were either a major user of the facility or
a major local player.
- Very little difficulty was noted in identifying and attracting the right private sector partner,
especially with the projects that were implemented by an elaborate procurement process
using several steps (Request for Expressions of Interest, Request for Qualifications, Request
for Proposals) to communicate the communities' intentions and provided enough lead time
for partners to understand the project scope and make informed decisions to participate.
- In a couple of cases, the procurement process was based on sole source as the public
sector decided that this was the best method to obtain value for money. In one case it has
worked very well so far, in another, the initial agreement was not renewed due to difficulties
encountered with labour issues.
- Where applicable, labour issues were identified as a major consideration in deciding whether
or not to embark on a P3 process. Communications and obtaining buy-in, if possible, with
affected employees and their bargaining units was paramount to ensuring a smoother
process.
- There was recognition that not all the expertise resided within the public entity involved in the
project. In some cases external expertise was added at significant cost, but the outcome in
most cases was very positive. The type of expertise required is typically legal, financial,
labour relations and process advisory.
- In certain cases, not having the right legislative tools created challenges and obstacles to
fully realize the stated objectives. For example, not having legislation or regulations on how
to deal with affected employees left some communities with the task of having to come up
with their own rules, and in some cases it caused serious problems for them. In other cases,
municipal legislation, as part of the Municipal Act, did not provide the right context to fully
exploit some of the benefits of P3s, such as ownership of public assets by private sector
entities. Most provinces have, over the last few years, enacted legislation to remedy this
situation and facilitate the exploration of P3s as part of the planning process.
3.1.2 Other Findings Regarding the Status of P3s in Rural and Northern
Communities
While the above desk research and interviews revealed important findings, other findings, while
anecdotal, could also be drawn:
- There was an acceptance that there was a major infrastructure gap in
rural, northern and
First Nations communities that P3s could play a role in fulfilling, especially in the Water and
Recreation/Cultural sectors. This was evidenced by the number of P3 projects that have
been implemented, the innovative solutions that have been provided by the private sector
and the abundance of examples in these sectors in major urban centres in Canada, the
USA and the UK. The important issue that needs to be further explored on a project by
project basis is the value for money test and what elements of the P3 transaction need to
be present in the agreements (for example: Is financing a critical element of the
transaction?).
- One of the critical aspects in the implementation of P3s was the timeframe to get through the
process, and the identification and conclusion of an agreement with a private sector partner.
The time it took to carry out this process in rural and northern communities did not seem
to be very long as compared with larger urban centres. This may be because the services
were more specialized, the bidder community was smaller, the projects were smaller is size,
the involvement of local players or maybe the procurement process was not overly complex
.Also, the timing to get projects implemented in rural areas by P3 favoured positively
compared with more traditional methods.
- There was a lack of readily available information on P3s in rural and
northern communities,
as well as a lack of published best practices or guidance materials. There was also a lack
of involvement and support from all levels of government in Canada. This is as opposed to
the UK, where there are very important associations and publications to assist communities
to explore P3s. For example the Public-Private Partnership Programmes (4Ps) is an initiative
funded by local governments (equivalent to municipalities in Canada) and the central
government in the UK.
- There was a high level of enthusiasm shown by the community managers we contacted,
even the ones that had experienced challenges with P3s and ASDs. It demonstrated that
community managers understood the implications of P3s and their expected outcomes.
- An important point, highlighted by all the parties we interviewed, was how to deal with
employees and unions if they were going to be affected by the P3 arrangement. They all
agreed that P3s should not be undertaken if there was major opposition to the P3 by staff
and unions. Most successful P3s, where there was an impact on the employees, included
some provision in the agreements to deal with the employees in an equitable way, typically
maintaining the same level of pay and benefits as if the employees were still part of the
public sector.
Although the report had identified a number of projects that met the criteria set by the Steering
Committee, the amount of literature published on these projects was minimal. Nevertheless, the
information gathered from interviews, observations and input from Committee members, as well
as the reports cited, indicated that Public-Private Partnerships are a viable and beneficial means
of providing necessary infrastructure and services to rural and northern
communities. In fact,
there is emerging evidence that some kind of private sector participation is becoming an acceptable
option, particularly in certain regions of Canada, and especially in the sectors of Water/Wastewater
Treatment, Transportation, and Recreation and Culture.
Despite perceived constraints of P3 projects in rural and northern communities, there have been
a significant number instituted. It is our conclusion that this number will increase dramatically in the
future as there is a perceived willingness on the part of rural and northern
communities to join
together to overcome the challenges that they face.
There could, however, be some specific barriers or capacity challenges, including:
- Extremely remote communities with impeded access could create challenges for the
development of a business with value for money without major subsidization of public
infrastructure and services.
- Connectivity constraints, while becoming less of an issue with the latest technological
advances, are still a major consideration and challenge for smaller communities.
- Economics of scale to ensure adequate returns for the risks assumed. The size of the
project (in terms of capital and operating costs) could play a role in the development of the
business case and/or in attracting the right mix of bidders.
- Collective agreements, tax implications, land ownership issues, and legal and provincial
impediments could create significant challenges, while not always being issues that need to
be dealt with. This is especially so if collective agreements include clauses prohibiting
contracting out; if provincial jurisdictions prohibit the private ownership of assets
for public service use; or, if provincial legislation imposes a certain type of services corporation
to implement P3s.
- Lack of expertise in the area, and lack of funds to acquire external knowledge. As has been
evidenced by the literature reviews and case studies, having the right expertise and
budgeting adequately for it is a critical step. The expertise could be for specialized legal,
financial or procurement services that typically are not readily available in rural and remote
communities. This could become an expensive undertaking, especially when obtaining
external resources with significant P3 experience.
- Constraints on government funding policies. Most government (federal and provincial)
funding for infrastructure projects contributes to the capital costs and not operating
expenses. Communities will have to find funding for the operating costs directly from within
their own resources or from other government programs, and that too could be a challenging
task.
A worthwhile note on the UK model (which was initially adapted in the late eighties and has been
continued by the current government) is that the UK centralized the decision making and funding
for new infrastructures, enacted regulations to deal with impacted employees (2 years guaranteed
employment) during the transition from public to private sectors, and provided funding for the life
of the projects, and not just contributed to capital costs. Furthermore, extensive guidance material
and training was also provided to support the local governments in exploring the possibilities of
using P3s.
Where there has been a concerted policy to embrace P3s as an alternative, and where a
community has a champion to drive the initiative forward, there have been a number of successful
projects, despite the constraints. The types of partnerships created and the P3 structures vary
according to the needs of the community, and the goals of the project.
Anecdotally, where explicit processes exist and good communication plans are in place, where the
community and unions are brought on side early in the process, and where there is a definitive
leader for the process, the likelihood of success increases dramatically. Some unions have taken
the stand against P3s, either for philosophical reasons, or for real or perceived reasons, such as:
- Employees will be the losers under a P3. Labour issues could become an obstacle to
engaging in a P3 unless they are dealt with fairly and equitably during the process. The
situation can be improved by ensuring that the P3 business case does not stand solely on
savings from labour costs, but rather from efficiencies, and innovative solutions.
- Cost of the services will be higher to cover the profit of the private sector. The business case
will demonstrate if value for money is achieved, and how the costs of the services will be
impacted.
- Public sector will be taking additional risks in case of difficulties encountered by the private
sector. While the private sector might be under pressures to cut costs or walk away in
difficult situations, it is the responsibility of the public sector to ensure that adequate
protection is in place to cover for such an eventuality (in terms of performance guarantees
and insurance).
3.2 How P3s Can Be Used to Address Gaps in Service Delivery in Rural
and Northern communities
From the research, observations, and input from the Steering Committee members and others, the
following outlines the Benefits and Risks of P3s in the service delivery area.
Some of the Benefits of P3s could include:
- Better definition of inputs and outputs, requiring service levels to be more definitive, thereby
achieving a more effective and efficient provision of services. The definition of services
(inputs and outputs) under a P3 arrangement becomes a more important task as P3
agreements have long timeframes and spell out the expected outcomes in much greater
detail than the traditional delivery methods. P3s typically bring a disciplined approach to
delivering services and if services are not delivered as specified, there are usually
consequences, and possibly financial remedies. Under a traditional public delivery model,
the consequences for not delivering the agreed upon service levels may not be as severe
as under a P3.
- Improved service levels that are more consistent and predictable. In a P3, the level of
services is typically specified under Service Level Agreements (SLAs) detailing expected
outcomes and results. Incentives in the form of rewarding the private sector partner if the
services delivered are over and above the specifications in the SLAs can be included as well
as remedies attached to non-performance.
- Access to skills, technology and innovation. Under a P3, the private sector partner who has
taken the service delivery risk will be looking for the most innovative solution to bring forward,
and access skills and technologies that may not be readily available to local communities.
The private sector might have several similar contracts in place to leverage some of these
innovations and resources.
- Appropriate risk allocation and consequences for non-performance. Under a P3 model, risk
is allocated to the party that can manage it better, and can ensure that mitigating strategies
are in place. P3s provide a lot more rigour when evaluating the risks of service delivery and
create a more efficient environment through SLA and performance measurements.
- Provides discipline in the community in that all expectations are outlined. Under a P3, the
term of the contractual agreements will dictate the type, frequency and level of services to
be delivered. This disciplined approach will benefit communities in terms of expected
outcomes, which will not be the subject of other competing priorities.
- Cost savings and better cost controls through more efficient management. The business
case for a P3 needs to demonstrate value for money, so overall cost savings will be a key
element in a P3. The business case documents are part of the planning phase and are
usually found in the justification to move forward to a P3 option. In most cases reviewed, this
was well documented in rural and urban settings. The public sector that enters into a P3 will
greatly enhance its ability to better manage costs as the contractual agreements will spell
out in details the charges by the service provider, allowing the public sector to have
predictable costs that are not subject to other competing pressures and priorities.
- Result-based needs are identified, tracked and managed to meet expectations. SLAs will
provide tools to ensure that the needs meet the stated expectations.
- Operational efficiencies allow for expansion of services. In certain cases where efficiencies
are achieved, P3s might provide opportunities to expand services to other complementary
areas.
- Flexibility through guaranteed revenue streams. Sharing a portion of revenues in a P3
arrangement could be the intended benefit in a P3. Projects that may have business cases
that are too risky could become more attractive if there is sharing of incremental revenue.
While this has not manifested itself greatly in a rural setting, it could promote some additional
incentives. Some P3s are designed to enhance the ability to provide additional sources of
revenues that otherwise may not be available, especially in the Tourism, Cultural and
Recreation fields.
Some of the Risks could include:
- Intimacy of rural community may create challenges. In certain cases P3 service providers
may not reside in the communities where the services are to be delivered, and a lack of
understanding of the community values and cultures. This could create challenges to private
sector firms and might require significant investments to form a thorough understanding of
local issues. As was evidenced in the reviewed projects, the chances of success were
greatly improved if the service providers were either local or currently involved in the small
communities. While local service providers in rural settings may have a better
understanding of local issues, they may lack technical expertise. On the other hand, service
providers from larger urban centres may bring innovative ideas that have worked well
elsewhere. It is therefore critical to weigh these considerations very carefully during the
planning stage to ensure that the ultimate solution provides best value.
- Resistance to change by employees and politicians may create barriers. In smaller
communities, as was evidenced in a few of the case studies, when the P3 arrangement was
finalized with very little input from the employees or their representatives, the P3 process
became very politicized and in many cases became an election issue. P3s will change the
way public entities do their business and it will increase the likelihood of success if elected
politicians are supportive of the project.
- Unions and collective agreements must be accommodated. As evidenced from the literature
review and case studies, labour issues are central to making a P3 work. If collective
agreements have no contracting-out clauses for existing services, trying to do a P3 in this
environment may be a formula for failure. In all the cases reviewed, impacted employees
were dealt with equitably.
- Economies of scale may not be evident to ensure true value for money. The size of the
project and the service richness of the services to be provided need to be fully explored
during the business case development to demonstrate value for money (i.e. less life cycle
costs than if traditional methods were used). Most of the P3s in rural settings were
economies of scale, which was a factor when technical services were to be delivered, such
as Water or Recreation services.
- Cost of the process to acquire specialized resources may outweigh the benefits achieved.
Local capacity may not be available to conduct a thorough analysis of the advantages and
disadvantages of P3s, requiring the community to hire outside expertise at a cost that will
make the business case unfavourable. There could be a step early in the process (such as
market sounding or vendor consultation), to find out quickly and at a reasonable cost if a P3
could be considered.
- Tax implications, legal constraints, and provincial statutes may impose difficulties in acquiring
services. Having the right "tools" in place will increase the chances of success. For
example, some Municipal Acts may impose restrictions on how the services could be
delivered and create challenges to the exploration of using P3s if the municipalities prohibit
the ownership of assets used for public services.
- Competition from the service provider community may be lacking. This might make it more
difficult to ensure best value, thereby having a direct effect on the feasibility and success of
the project. Depending on the sector and the type of services that are sought, the service
provider community may not be large enough to create competitive forces. We have
observed that in some cases, sole sourcing for service providers has worked well in smaller
communities.
3.2.3 Gaps in Service Delivery
Due to some of the risks outlined above, a great challenge may be posed in the provision of
services to rural and northern communities, particularly those that are extremely remote. Access,
transportation and connectivity issues, and a lack of knowledge or expertise could create specific
barriers to the provision of services. However, despite a lack of literature on the subject, it is our
observation that more remote communities, associations, and not-for-profit organizations, along
with other public entities, are more willing and open to collaboration in order to address the service
needs of these areas. With creativity, commitment, and determination, service delivery is attainable
in rural and northern communities.
P3s can address gaps in service delivery in rural, remote, northern and First Nations communities.
The challenge is to create an environment where P3s are one of the methods explored as part of
the planning cycle to demonstrate that the business cases are favourable, and that value for money
could be achieved.
The sectors where service gaps exist are consistent with the P3 service provider community
capacity. These sectors include Water/Waste Water, Cultural/Recreation, Transportation,
Housing/Office Accommodation and Education. In all of these sectors several international,
national, and regional firms operate, therefore the major obstacle is not having an insufficient
service provider community, but rather having enough suitable projects. This was further
evidenced by the rural examples and case studies that were analyzed, where there was not one
dominant type of private sector provider, but where some included international firms, others local
or regional firms.
Government can assist in providing support and facilitation during the process as well as providing
access to specific funding sources promoting P3s.
Examples of successful P3 initiatives in the service sector in more remote areas outlined in the
report are: Aboriginal Development Program, Regional Municipality of Wood Buffalo, Northern
Alberta (where jobs, training and technical and university education is provided for band members);
Nunavut Office Building and Housing Units (where an apprenticeship training program was part of
the benefits of the project provided to the community); Town of Espanola/Cambrian College
Satellite Campus (where education and training programs were offered to residents of the
community); and for the Slate Falls First Nation - Access Road (that improved services and quality
of life for the First Nation).
3.3 How P3s Can Be Used to Address Gaps in Infrastructure in Rural
and Northern Communities
From the research, observations, and input from Steering Committee members and others, the
following outlines the benefits and risks of using P3s in the delivery of infrastructure in
rural and northern communities.
Some of the Benefits of P3s in rural and urban settings include:
- Life-cycle cost savings and better planning. Analyses for P3s for infrastructure projects
cover the evaluation of project costs from a life cycle perspective, and not just from a capital
and operating angle. While conducting the business case for exploring a P3 option, life cycle
investment in the facility is identified and the impact on the operating costs (higher or lower)
is taken into account. P3s provide a more disciplined planning tool for asset renewals and
force the continuous investment in the facilities to ensure that they are always in good
working condition. In all of the P3s examined, where life cycle was part of the scope of work,
cost savings were realized in both urban and rural settings.
- Better utilization of equipment and assets. P3s can enhance a more efficient use of assets
and usually provide for a higher level of preventative and corrective maintenance processes,
as the private sector provider needs to ensure that the assets and equipment are well
maintained, in order to deliver the contracted services. Given that the P3 service provider
is responsible for the maintenance, and in some cases, the replacement of the equipment
and assets, a higher level of efficient use of these assets is typically encountered.
- Quicker project delivery and at a lower cost. Evidence from the literature review, case
studies and general information, is that P3s typically deliver infrastructure faster and at a
lower cost than traditional delivery methods. The contractual agreement with the private
sector acts as a catalyst to ensure timelines are met, and cost overruns are usually
absorbed by the private sector.
- Appropriate risk allocation. P3s involving an infrastructure project typically shifts a significant
number of risks to the private sector (development, design, construction, commissioning and
operation), by bundling all or some of the project elements under one umbrella.
- Access to skills, technology and innovation. Under P3s, the private sector partner who has
taken the delivery risks will be looking for the most innovative solution to bring forward and
access skills and technologies that may not be readily available to local communities. The
private sector might have several similar contracts in place to leverage some of these
innovations.
- Access to capital and reduced operating costs. Most of the P3s reviewed involving
infrastructure incorporated financing as part of the transaction. Accessing private sector
financing is one of the reasons for contemplating a P3. A thorough analysis of the financing
cost by the private sector versus access to public sector financing is one of the analytical
elements of the business case development. Private financing has not proven to be the
ideal solution in all cases, therefore a careful examination of this benefit is warranted
regarding its applicability in rural settings.
- Flexibility of design. Under a P3, the private sector typically proposes, as part of its
submission, a design for the facility that will incorporate future expansions and possible other
uses.
- Constant expense stream vs. capital funding. Under a typical P3 arrangement, the public
sector pays regular costs for the provision of the infrastructure and services, through
payment mechanisms that are consistent with the SLAs. In many cases the public sector
does not have to contribute any capital funding upfront, and can program for the P3
payments from its operating budgets. In most of the rural examples that were examined, the
public sector had to contribute part, or the whole, of the capital and relied on service
providers for the delivery of public services.
- Guaranteed revenue streams through shared tenancy and additional profit centres. Some
P3s involve the expansion of facilities to accommodate other activities that might bring
additional revenues and share additional profits if they materialize under a sharing of risks
and rewards.
- Community needs and pressures identified, tracked and managed to meet expectations.
P3s bring a discipline in the delivery of public infrastructure that is consistent with community
needs and aspirations.
Some of the Risks in using P3s for infrastructure project could include:
- Economies of scale may not be large enough to ensure adequate returns for risks assumed,
thereby causing an inappropriate level of risk transfer. The business case will be the
planning tool to demonstrate value for money. Evidence from the literature reviewed and
case studies suggest that the size of the project was not a critical factor, but rather the quality
of the business case.
- Multi-jurisdictional challenges arise in certain area, with certain projects requiring cooperation
and involvement from different levels of government. This is more evident in certain sectors,
such as Water, where other levels of government have indicated a priority to deliver more
infrastructure in this sector, therefore requiring closer coordination.
- Unions, collective agreements, lack of skilled labour force, and access issues create
challenges. In certain cases collective agreements are very explicit about the ability of the
public sector to contract-out the delivery of services.
- Cost of specialized resources due to a lack of capacity within the community. The skills
required to go through the P3 process may not be available from within the local public
sector community, and will need to be imported at a cost.
- Tax implications, legal constraints, and provincial statutes may impose difficulties in acquiring
infrastructure. Having the right "tools" in place will enhance the possibility of success. For
example, some Municipal Acts may impose restrictions on how infrastructure and services
can be delivered.
- Government funding policies with respect to limits as to the term and purpose. This may be
the case with funding from federal and provincial programs where the typical funding term
is limited to ten years and where funding is only available for certain eligible capital costs.
Most P3s for infrastructure projects are longer than ten years and involve the payment of
operating costs.
- Ensuring best value for money when there is a lack of competition. As was evidenced in the
P3s for services, some Rural Communities elect to procure the services of the private sector
via a sole sourcing method. This method does not lend itself very favourably for more
intensive infrastructure projects involving capital costs.
- Resistance within the community for the private sector to own particular types of
infrastructure. Recent evidence has begun to emerge that public ownership of a facility is
going to be a key factor in moving certain projects ahead. This might impact the benefits
that could be realized from a P3.
3.3.3 Gaps in Infrastructure Delivery
Both Federal and Provincial governments have increased their focus on rural Canada in an effort
to increase education, training and the connection to information technology for rural
Canadians. Gaps in these efforts are linked to areas where their extreme remoteness creates
access issues, and where, because of their location, there is a heavy reliance on resource
industries that are less dependant on a knowledge based economy. Providing Water and Waste
Water treatment facilities has met with some resistance when allowing private companies to own
the water system. In the Transportation sector, particularly when roads, and marine infrastructure,
multi-jurisdictional boundaries are crossed, these issues have to be resolved. In providing
Recreation and Cultural infrastructure there have been fewer issues, primarily due to the fact that
there are greater opportunities for revenue generation through user fees. An emerging factor for
some P3s in rural communities is retaining the financing in-house and relying on the private sector
to bring the design, construction, operations and life cycle renewal expertise.
The sectors where service gaps exist are consistent with the P3 service provider community
capacity. These sectors include water/waste water, cultural/recreation, transportation,
housing/office accommodation and education. In all of these sectors several international, national,
and regional firms operate, therefore the major obstacle is not having a sufficient service provider
community, but rather having enough suitable projects.
Evidence has shown that P3 projects relying heavily on Information Technology (IT) as part of the
type of infrastructure and services to be delivered have had many challenges. P3s do not lend
themselves easily to IT projects, they are more applicable to "bricks and mortar" type projects
where innovations in design, construction and operation play a more predominant role than
technological innovation.
Despite the barriers of access, transportation issues, and the risks outlined above, there are good
examples of P3s creating infrastructure in rural and northern communities. As in the services
sector, creativity, vision, commitment and determination have produced successful P3s for
infrastructure delivery. Examples include:
Aurora College Family Student Housing, built five years sooner and at a cost 4% lower than through
traditional procurement. It is estimated that it will generate $16 million in economic benefits to the
community as well as provide local and First Nation employment.
Chilliwack Multiplex ice arena, municipal airport and downtown revitalization projects are other
examples of successful P3s for infrastructure. Cranbrook Multi-Purpose Recreation Complex is an
example of the City of Cranbrook capitalizing on private sector expertise in the building and
operating of a large facility at less cost.
Goderich Harbour Revitalization is an example of overcoming some jurisdictional issues where the
port was bought from Transport Canada, the land sold to Sifto, a private company, and a non-profit
group was established to improve the port and
surrounding areas. The results are lower user fees, a more competitive port, and a long-term plan
for improvements to the surrounding area.
Slate Falls First Nation Access Road is an example of the provincial and federal governments
partnering with a private company to build a road for the benefit of the company and the community.
Although the co-ordination of environmental processes delayed the start-up of the project,
construction did move ahead. Harmonization of federal and provincial environmental processes
should be addressed to expedite future projects.
4 OVERALL OBSERVATIONS
4.1 The Potential for P3 Arrangements to Respond to Rural and
Northern Community Needs
We have seen a surprising number and variety of P3 projects in rural and
northern communities
covering many sectors. Although we are unable to validate our observations due to the lack of
published literature, we can assume that, due to the predominance of projects in the areas of
Water, Waste Water Treatment, Transportation (including roads, marine and airports), and
Recreation and Culture, P3s have been used to meet these types of needs in these communities.
With respect to the truly remote areas, access to the community in terms of efficient
transportation
means, education, housing, health care and connection to the knowledge based economy seems
to be of primary concern. Perhaps a voluntary survey canvassing the priorities of the
rural and northern communities would be helpful, but depending on circumstances, needs seem to vary from
community to community.
The interest in P3s seems to be increasing as more and more success stories come to light. P3s
are seen as a viable alternative, with many benefits in the deliverance of public infrastructure and
services. The sharing of risks, rewards and responsibilities, and the creativity of designing a
process and structure to meet the requirements of the particular circumstances is being met
favourably. As expertise is gained, as trust increases, and as access to private capital grows, the
response to P3 initiatives will be more positive.
There are certainly issues that must be addressed, particularly for rural and
northern communities.
An important characteristic that is detailed further in this section, is the ability to create enough
capacity and resources for funding planning tools, such as business cases, the strengthening of
organizational structures (such as developing procurement road maps), or the hiring of external
resources and expertise as required. While P3s are only one of the possible delivery tools in the
toolbox, a thorough analysis of their usefulness and applicability to solve the shortfall in
infrastructure and/or services needs to be fully explored before deciding on the best delivery
method. These could include conducting stakeholder input sessions, vendor consultations,
communication with employees and business case development. In some cases this requires
specialized expertise that may not be resident in the smaller communities, or may be expensive to
obtain. All levels of government could have a role to play in promoting the study of P3s and their
applicability, but they could also assist by providing some "soft costs" during the planning stage.
Typically government grants and contributions have focused primarily on the capital side of projects,
however P3s are involved in life cycle analyses and funding commitments. It will be important for
the government to fully understand the operational impact of P3 arrangements in order to ensure
that their objectives in funding P3s are going to be met, as most of these objectives could be tied
to the operational phase of the project. Therefore a review of which project parts governments fund
might be an area worth exploring. This should not in any way detract from exploring all funding
sources (public or private) as the more public funding available up-front for the capital expenditure,
the easier it will be to justify the business case, and secure partial funding from private sources.
Harmonization of environmental considerations will expedite the process, and clear policies and
guidelines will assist. A mechanism to deal with multi-jurisdictional challenges quickly and
effectively will also be advantageous to the process. In this regard, consideration for having one
level of government (federal or provincial) lead the environmental assessment process or having
clear published environmental strategies in place during the planning stage is very helpful.
Governments could play a key and central role in P3 development. Aside from promoting the
potential use of P3s through education, training and the provision of funds, there is a real need for
governments to champion the P3 process by providing access to expertise (legal, financial,
procurement and technical), particularly in the rural and northern communities. The type of
expertise will depend on the type of project being considered, the community, the sector, the
complexity of the P3 arrangement and the availability of local expertise. Another area where
government can provide financial support would be in the advancement or payment of some of
the upfront costs to develop the feasibility of conducting the project as a P3.
If governments want to promote the use of P3s for public infrastructure and services, governments
could provide a "clearinghouse" function which would help smaller communities join together to
create economies of scale and provide enough opportunities to attract the right private sector
partners. As part of its funding role, higher levels of government could provide the financial
commitments that the private sector market might be looking for in order to create a bankable deal.
These commitments could be in the form of grants, contributions, guarantees, interest free loans
or "in kind" such as land, property or equipment. When several communities get together to
develop infrastructure through P3s or other means, significant governance issues might arise, such
as whose interest will be served first, who takes priority in decision making, etc. Government can
play a role in facilitating and resolving these types of issues.
Legal impediments, tax considerations, and constraints on funding policies must be addressed.
These could include allowable legal arrangements based on Municipal Acts or the tax treatment of
certain transactions ( e.g. capital leases versus operating leases) or in certain cases an imposition
of a certain debt/equity ratio for the project. Finally, funds for adequate communication plans
should be considered. The success or failure of many projects, particularly in close knit
rural and northern communities will depend upon the perception of a fair, open, and transparent process,
and on the information provided to interested stakeholders.
The provision of financing for infrastructure is typically part of a P3 arrangement, however there
have been several examples of small projects where the financing was retained by the public sector
entity in order to access financing at a lower cost, or through provincial funding agencies.
4.2 Current Potential for Success of P3s in Rural and Northern
Communities
4.2.1 Based on Location
Provided the correct elements are in place, our research shows that the likelihood of success is not
dependent on location. P3s that were not a total success were stymied by factors other than
location. Union opposition, misinformation, lack of transparency, and the absence of leadership
were the primary causes for lack of success. However, it is difficult to categorically assert that
location is not a factor, as most reported projects were in relative proximity to larger urban centers.
Nevertheless, the success of the projects in Nunavut, James Bay, Slate Falls and the Northwest
Territories suggest that location does not play a major factor.
4.2.2 First Nations Communities
Although P3 models are an interesting avenue for delivery of much needed infrastructures in First
Nations communities, it is important to ensure that appropriate measures are incorporated in the
process so that the stakeholder objectives are achieved. Our observations have led us to
acknowledge that to date, the drivers of the successful P3-type projects were the First Nations
communities. The methodology was not imposed, but rather was sought out by the communities,
as a means to satisfy an actual need.
As a result, we believe that there are two streams of activity that can be followed. Firstly,
understanding and communicating information about the projects that have been successfully
delivered will provide inspiration for other First Nations communities to follow similar routes. This
will include understanding which elements have been present in unsuccessful projects and relaying
that information as well. Some of these elements could be collective agreement clauses regarding
no contracting-out, the failure of the private sector proponent to secure financing, or the bankruptcy
of the private sector. Some of the strategies that could be explored include ensuring that adequate
securities are in place (letters of credit, performance bonds etc.) to pay for corrective actions.
Secondly, embarking on a concerted effort to establish an environment that is receptive to P3
projects can be accomplished through the following means:
- Establishing what the objectives are, and formulating a clear roadmap on achieving them.
Such objectives might include having infrastructure built within a certain time period, or the
level of services to the community improved to reduce the number of complaints by half.
- Having a clear vision of the benefits that P3s can have for First Nations
communities (faster
project delivery, lower costs, innovation, training etc.) and communicating this (through
training, communiqués, presentations, etc.). The communication of the benefits should be
an ongoing task to keep reminding stakeholders of the positive aspects of the project.
- Understanding how the regulatory parameters may affect the deliverability of projects,
including what is allowable under the current laws, regulations and statutes. In some
jurisdictions municipal laws have restrictions on the types of ownership that a P3 might be
allowed to have.
- Working collaboratively with interested First Nations communities in order to pursue pilot
projects. One of the best ways to demonstrate the benefits of P3s is to embark on pilot
projects that have a high degree of success. The pilot projects could be small in size and
not requiring significant effort and time to bring them to implementation.
- Building tools (e.g. templates) that can be used by the interested communities to evaluate
their projects. Having external professional support (legal, financial, procurement, technical
etc.) may become extremely expensive each time a new P3 is contemplated. Having
standardized procurement tools will benefit both the communities exploring P3s, and the
private sector bidders, who will become accustomed to the type of information that will be
needed to bid on P3 projects.
- Making sure that there are appropriate checks and balances to guide the project participants
through the process. As P3s are only one of the tools in the delivery toolkit, typical
processes include decision points for moving the project forward. It is more cost effective
to abandon a project in the early stages of the planning than later during the implementation
stage. Establishing and communicating these decision points will only enhance the
possibility of success of a P3 project.
Given the sophistication and complexity of P3 arrangements, appropriate resource funding should
be made available for both First Nations communities, as well as for other rural and
northern communities who may not have access to the required expertise or the costs associated therewith.
The costs associated with engaging the required expertise should be factored in during the planning
stage to ensure that best value will be obtained.
Some of the benefits that were achieved included placing greater emphasis on ensuring the long-term viability of projects both from the public and private sector perspective. The viability of the
project stems from an appropriate allocation of project risks, and the establishment of payment
mechanisms to reflect the transferred risks. They also enable the project participants to provide
safeguards on services and related infrastructures. The discipline and planning which are two of
the attributes of the P3 approach may in fact provide for greater accountability.
4.2.3 Level of Capacity
Many rural and northern communities lack the expertise and organizational structures to
effectively carry out a P3. Expertise in the form of specialized legal, financial, procurement or
technical P3 specialists and having the appropriate knowledge and experience must be imported,
and the cost of these resources has the potential of reducing the viability of a project. As the
market matures, these resource costs should diminish.
Market interest in P3s is increasing as the understanding of the benefits associated with the
methodology are becoming more widely accepted. If the public sector is able to provide funding
for a business case analysis, and if appropriate, based on the business case, funding to cover
some of the resource costs, then P3s could proliferate, as typically in a P3, the ultimate business
case drives the decision for the most viable service delivery option. Furthermore, another area
where rural communities might lack capacity is in their ability to monitor the progress of the P3
implementation. Most smaller communities will conduct very few P3s, and the skills required to
monitor the P3 arrangements may not be easily found locally. With a maturing P3 market in
Canada, there will eventually be more resources, training and guidance to monitor P3s, but in the
interim those skills might have to be imported at a cost. Governments could play a role in creating
awareness of the type of monitoring that is typically found in P3s, and subsidize the creation of local
capacity to monitor P3s through skills training, guidance and on-the-job training.
Based on the comments of those who participated in the case studies and other research activities
undertaken, it is clear that one of the unique characteristics of P3 projects in
rural communities
is the diversity of the procurement processes that were followed. Several examples in the case
studies that were reviewed, especially for Operation and Maintenance P3 arrangements, the
process that was followed was a sole source procurement process. In many cases there was a
valid reason to use that process. For example, in one case when the private sector was the primary
user of the facility, or when the private sector partner was delivering a similar service in another
community close by.
The other case studies reviewed that were more typical types of P3 projects, involving infrastructure
design and construction, were conducted via a P3 procurement framework that was competitive,
open, transparent and fair. While in some smaller communities there is always a fear of attracting
enough bidders to ensure a competitive process, marketing the project during the planning phase,
either through a formal process or through an informal market sounding exercise, will enhance the
likelihood of attracting the right number of bidders. Another advantage of conducting pre-consultation before embarking on the procurement process is to fully understand the risks
associated with projects in rural communities and the values attached to mitigate these risks.
Typically these activities are part of the development of the business case for moving forward, and
it may be conceivable that the results of the market sounding, in terms of the risk profile of a
planned P3 project, may prove to be too high for the public sector to bear costs, and a more
traditional approach might be more suitable.
Generally local, regional, national and international consortia will analyze the market potential of a
particular project and decide if that project meets their objectives. To date, there are an adequate
number of companies vying to participate in P3 arrangements. Should measures be instituted as
discussed above, and P3s continue to grow, then there will be an even greater number of private
sector companies seeking partnership arrangement. Thus the integrity of the process will be
ensured.
5 CONCLUDING THOUGHTS
5.1 Pros and Cons of P3s in Rural and Northern Communities
The advantages of P3s, both in service delivery and in the provision of infrastructure, are well
documented. Such benefits are equally applicable to rural and northern
communities. Despite
the difficulties of access, lack of resources and expertise, rural and northern communities can
achieve the most important benefit, which is receiving services and infrastructure where often none
existed before. The jobs, education, housing and other services generated as a direct result of P3s
provide an enormous positive economic impact on the communities.
For a P3 to be successful, both parties engaged in the P3 arrangement must be knowledgeable
and have the required expertise, including procurement process specialists and other professional
resources, to ensure a fair, open and transparent process. From the research and case studies that
were evaluated and the general knowledge relating to this issue, most P3 transactions require
expertise that is typically not resident within the local government, especially legal and industrial
relations expertise. The cost of importing these resources may be prohibitive for a rural community.
Depending on the complexity of the project and the size of the investment required in capital work,
technical and financial advisory expertise may also have to be engaged.
The size of the project may prove to be challenging in attracting the right number of interested
bidders as the economies of scale may not provide adequate returns. It could be the case that the
value for money of the project may not be achievable through a P3, and a more traditional
procurement method will have to be selected. Evidence from the research and the case studies
suggest that the size of the project was not a determining factor in deciding if a P3 was the right
procurement vehicle. Rather it was the type of risks that were transferred from the public sector to
the private sector with adequate compensation or return for such risks. We can conclude that P3s,
due to their inherent flexibility, may be structured to address most perceived disadvantages.
The procurement process needs to be structured, in as many steps as required, to provide
evidence that the best value has been achieved. It is noted that in some instances, based on
evidence collected, sole sourcing of P3 arrangements has worked in smaller communities. While
sole sourcing may not be seen as a competitive process to achieve the best value, there are
circumstances where sole sourcing may be an advantage, as long as the public sector entity retains
certain controls to manage the service delivery to the public at large.
P3s require political commitment. The project should be well defined and the expected outcomes
well established. There must be a realistic understanding of the benefits attainable, the risk profile
and the value of the risk transference. Internal or external resources and the budget to acquire the
necessary expertise must be available. Important stakeholders must be committed to the process,
and a viable communication strategy planned and implemented. With flexibility, creativity and
political will, barriers can be overcome.
Small communities or regions can overcome the difficulty of achieving economies of scale by
joining together to contract with one private sector service provider (thereby reducing some of the
overhead costs, training and skills transfers) versus contracting for the services for each community
separately. Local knowledge and expertise will be found or supplied by relevant public sector
authorities, and working collaboratively with the private sector P3 provider, solutions to the technical
challenges that a P3 can address will be found.
As this study has shown, the barriers (size of the project, remoteness and distance, return on
investment, capacity, etc.) to effective P3s in rural and northern communities could be overcome
if a P3 structure is implemented that fully exploits the benefits of risk transference. Embracing the
appropriate P3 model and assuming that the business case is sound for moving the project forward
as a P3, and as well ensuring that all party and stakeholder issues are addressed in a true spirit of
partnership, P3s will yield benefits for all parties involved.
5.2 The Best P3 Scenario in Rural and Northern Communities
As this study has shown, there are many forms of P3 arrangements. There are, however, some
procurement methodologies that have been standardized by sector or type of P3 arrangement.
This standardization in terms of the number of steps in the process, and the ability to use practical
template procurement tools, will create a more efficient environment to address the uniqueness of
a P3 procurement. While communities and regions must devise the best possible solution for their
particular requirements, studying the available examples will assist them in identifying P3s that may
be similar to theirs, on which they can base their community's unique requirements.
For example, depending on the sector and type of services required, a procurement process for
a new water plant might involve three steps (Request for Qualification, Request for Proposals and
Negotiation) while a P3 for just Operations and Maintenance may only require two steps (Request
for Proposals, and Negotiations).
The scenario will depend on the expected outcomes, the benefits sought, the risk profile and the
value of the risk transference. Stakeholder interests, and being cognizant of the community's
values and goals, will also have an effect on the type of P3 arrangement selected. Evidence from
the literature review and case studies were consistent with this statement. In one case the P3
private sector partner was a major local user of the facility. In another case, the P3 private partner
was a not-for-profit service provider from a community in the same region. A P3 arrangement in
rural Canada which failed involved an international organization which was based far away from the
local community and had a difficultly overcoming this barrier. It is therefore very important that as
part of the planning stage, a thorough identification of the most suitable type of private sector
partner is explored and if the ideal partner does not exist, then the community needs to re-think its
P3 strategy.
With a concerted Federal Government policy to embrace P3s as a viable alternative for
rural and northern communities, much assistance can be provided such as training, dissemination of best
practices, funding planning and procurement activities. As a "clearinghouse", the government may
be able to bring communities and regions together to pool their resources in order to embrace a P3
model for their mutual benefit.
5.3 P3 Roadmap Concepts
Evidence to date demonstrates a growing interest in P3s as one of the tools available for the
delivery of public infrastructure and services, and governments at all levels have been exploring
P3s in some capacity or another. While the research conducted as part of this study may not have
confirmed conclusively that P3s are being utilized across all sectors and in all regions of Canada,
P3 options are being discussed, evaluated and in some cases utilized, by communities that have
ensured that P3s are providing value for money and addressing a much needed shortcoming in
public infrastructure and/or services. The following list of concepts may prove to be beneficial for
rural, northern and First Nations communities:
- While most Infrastructure P3s involved the private sector financing the capital requirements
and taking ownership of the facility during the operational phase, exploring public ownership
of the infrastructure asset or facility may be a determining step to get government backing.
Similarly the financing portion of the transaction can be undertaken by the public sector entity
independently from the P3 arrangement. This will remove the financing risks from the P3
arrangements, but still provide enough risk transference to the private sector in the design,
construction, operation, maintenance and renewal of the facility.
- Several sectors may benefit from all levels of government (federal, provincial, regional)
sponsoring the development of pilot projects to demonstrate the benefits of P3s. Such
sectors include Water/Waste Water, Recreation and Culture and Housing/Office
Accommodation where there is evidence of high demand and lack of planned infrastructure.
The government's role might include funding feasibility studies, business cases, procurement
processes, oversight and monitoring. This will also serve to create lessons learned and
templates for use in other sectors or by other jurisdictions.
- Developing specific roadmaps for sectors or communities by type of facilities in order to
facilitate the knowledge transfer, communication and standardization. These roadmaps
could include guidance on planning tools, procurement processes, templates for sectorial
analyses, such as business cases, financial analyses, legal frameworks, contractual
language, and procurement documentation. This will assist in the standardization of
documentation and in demystifying the use of P3s as one of the tools in the procurement
toolbox.
- Creating a clearinghouse environment for the provision of resources and guidance. This will
serve to share best practices and provide linkages to individuals that are interested in
conducting P3 analysis.
- Development and delivery of training materials covering not only P3 best practices, but also
the techniques to analyze whether a project could be explored as a potential P3 and what
other tools are available to deliver the required infrastructure and/or services if a P3 does not
offer the most effective solution. A 2001 program sponsored by the Ontario Ministry of
Municipal Affairs and Housing involved the development and delivery of P3 workshops
across Ontario which were attended by more than 250 municipal officials and employees
who came from both urban and rural communities.
- Assist in the development of capacity monitoring to ensure that not only the initial capital
funding that went into a P3 was well spent, but also that the benefits identified during the
operations stages were realized. This capacity monitoring will be critical to the success of
P3s. While contractual arrangements include provisions for periodic reporting, the challenge
is to design a process and allocate resources to carry out the performance monitoring
function, a challenge shared equally by urban and rural communities.
- Closer collaboration between all levels of government to promote the use of P3s as one of
the tools for delivering much needed infrastructure and services, and establishing regulatory
frameworks to facilitate P3s. This could include exploring similar models that have been
instituted in other countries such as the 4Ps in the UK.
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Date Modified: 2005-09-26
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