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ARTICLE · 08 NOVEMBER 2012

P3s In Wastewater Treatment Facilities: Opportunities For Municipalities

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The Canadian market may soon see new opportunities and unique challenges for public-private partnerships ("P3s") in water assets as municipalities across Canada prepare to face costly upgrades to wastewater infrastructure.

CanadaEnergy and Natural Resources
McMillan LLP
McMillan LLP
Timothy Murphy
Timothy Murphy
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The Canadian market may soon see new opportunities and unique challenges for public-private partnerships ("P3s") in water assets as municipalities across Canada prepare to face costly upgrades to wastewater infrastructure.

The federal Wastewater Systems Effluent Regulations (the "Regulations")1 on managing wastewater effluent under the Fisheries Act,2 came into force on July 18th, 2012. While water treatment and management in Canada is a responsibility shared among federal, provincial and municipal governments, municipalities are delegated significant authority over drinking water treatment and wastewater management, with most treatment facilities owned and operated at the local level. The new regulations add to municipal governments' existing legal obligations by requiring wastewater facilities to be brought up to new standards in fairly short order. Given the cost, size and scope of the infrastructure needed, P3s are positioned as an attractive and cost-effective

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