Infrastructure and Major Projects

Overview

Lavery stands out as a leader in the infrastructures and major projects sector in Quebec, providing its expertise to various stakeholders involved in this dynamic sector.

Our team of skilled professionals is fully equipped to meet all your infrastructure project needs, backed by its proven experience and skills:

  • Infrastructure projects: We have considerable experience in the acquisition, construction, financing, operation and maintenance of infrastructures, allowing us to manage large-scale projects efficiently within any contractual framework, including collaborative delivery modes.
  • Energy: We support our clients in the development, financing and implementation of renewable and conventional energy projects. With our extensive expertise, we provide strategic advice on the regulatory, contractual and environmental aspects of their projects and support them in negotiating complex contracts, procuring permits, and managing potential disputes. Our team is dedicated to promoting innovative and sustainable solutions to meet today’s energy challenges.
  • Industrial projects: We support businesses from many industries with the design, construction and operation of industrial and manufacturing facilities. We provide comprehensive legal expertise in contractual law, environmental law and labour regulations, which enables our clients to effectively navigate the complex legal framework of these projects.
  • Collaboration with public entities: Our expertise extends to Quebec and Canadian Crown corporations and statutory bodies, in particular the transportation, rail law and renewable energy sectors.
  • Tenders management: We provide comprehensive assistance with call for tender reviews, strategic contract planning and tender management.
  • Dispute management: We have expertise in managing disputes during construction and in post-construction claim settlement, providing quick and effective dispute resolution.
  • Knowledge of public bodies: Our in-depth knowledge of contract management principles used by public bodies allows us to provide relevant legal and strategic advice on governance.
  • Tender analysis: We offer advice and a robust analysis of the admissibility and conformity of construction tenders and claims.
  • Constitutional aspects: Our proficiency in constitutional aspects and in the distribution of legislative powers enable us to effectively navigate through the complex legal framework of infrastructure projects.
  • Transaction and financial structures: Our expertise covers transaction and financial structures, including partnerships, ensuring a solid financial foundation for your projects.
  • Real estate transactions: We provide specialized advice on real estate operations and transactions, such as acquisitions/sales, expropriations, dismemberments of the right of ownership, servitudes, leases and occupancy permits.

With Lavery, you enjoy the benefits of a top strategic partner who will support you at every step of your infrastructure project with a personalized approach tailored to your specific needs.

Expertise

Discover our expertise in infrastructure and major projects

Projects

Discover the projects we have been involved in

  1. Infrastructure and the energy transition: Making decisions and building in a state of uncertainty

    The energy transition is transforming the way major infrastructure projects are designed, financed, approved, and built. Decisions made today will have repercussions for decades to come, as technologies, markets, regulatory frameworks, and the geopolitical climate continue to evolve. In this context, the ability to manage uncertainty is crucial. For decades, energy infrastructure has advanced in a relatively predictable environment. The technologies were proven, the business models were well-established, and the risks could be assessed based on relatively stable parameters. Today, the projects that will shape the coming decades must be designed with several simultaneously changing variables in mind: Emerging technologies Growing energy demand The decarbonization of the economy Weather events The availability of capital Changes in regulatory frameworks Social acceptability A new geopolitical climate Yet infrastructure evolves at a different pace; it requires substantial capital investment and shapes economies for decades. This discrepancy is one of the major challenges of the energy transition. We have to make decisions today that will have repercussions for 50, or even 100, years—and yet the data needed for us to make them remains uncertain. Waiting for the uncertainty to pass isn’t necessarily the least risky strategy. The cost of inaction must now be an integral part of risk analysis. The energy transition: Managing uncertainty in infrastructure projects The energy transition will likely not be driven by one single technology. Electrification, energy efficiency, renewable energy, dual-energy systems, renewable gases, storage, and carbon capture and removal technologies can play different roles depending on the sector, region, and time horizon. This is changing the way we approach infrastructure investments. Historically, many infrastructure projects were evaluated individually with the goal of minimizing the risk associated with each one as much as possible. Now, the pace of technological advancement calls for a greater focus on solution portfolios. Some technologies are already mature, while others aren’t yet. Some will quickly reach commercial scale, while others will develop differently than we currently anticipate. The energy system’s resilience will therefore depend less on identifying a definitive solution now than on combining different approaches and maintaining enough flexibility to adapt. A project may involve greater technological uncertainty while still creating value system-wide, particularly through: Diversification Additional capacity Security of supply Reduction in emissions Greater resilience Risk analysis, therefore, is no longer solely about seeking to reduce the risk associated with carrying out a project. It must also take into account the risk to the system as a whole of failing to carry it out. Energy transition, competitiveness, and infrastructure resilience While decarbonization remains a key driver of infrastructure transformation, it is no longer the only one. Energy security, supply chain resilience, access to reliable and competitive energy, and geopolitical tensions are now playing an increasingly important role in investment decisions. In Canada, the abundance of certain resources, the expertise developed in the energy and infrastructure sectors, access to largely renewable electricity in several provinces, and the geological potential for carbon storage could become significant industrial advantages. The energy transition must therefore be viewed not only as an obligation to reduce emissions, but also as an economic transformation that has the potential to redefine competitiveness. For companies and investors, this changes the nature of strategic thinking. Decisions regarding energy, infrastructure, and decarbonization now directly affect: Investment strategies Asset location Supply chains Market access Long-term resilience Turning innovation into fundable infrastructure Turning energy innovation into actual infrastructure involves more than just inventing a technology. It’s also important to: Find a site Protect energy security Obtain the necessary authorizations Structure the financing Negotiate trade agreements Establish risk-sharing mechanisms Build lasting relationships with the communities involved In other words, the next stage of the energy transition is as much a matter of implementation as it is of innovation. The issue of “bankability” then becomes central. Early-stage projects that use emerging technologies are often costly and difficult to finance. Their implementation then makes it possible to build expertise, standardize processes, and gradually reduce costs. The challenge, therefore, is to create enough predictability to allow investors to commit, without prematurely locking in technological or regulatory models. Social acceptability: Integrating stakeholders into the project architecture The development of major infrastructure projects requires particularly close collaboration among developers, governments, regulatory bodies, lenders, investors, and advisors. Acceptability isn’t something that’s achieved at the end of a project. Even when a project is technically sound and economically viable, its success also depends on our ability to build a long-term relationship with the communities involved. This aspect takes on greater importance in a context where trust in institutions is eroding and information spreads rapidly. Consultation should therefore not be viewed as an administrative step that takes place at the end of a project’s development. For large-scale infrastructure projects, relationships with stakeholders are an integral part of the project’s very architecture. This approach is particularly important in relationships with Indigenous communities. Early engagement and models that enable meaningful participation in project design, benefits, and governance can profoundly change the dynamics of project development. The same logic applies to local communities. Trust is not based on a promise of zero risk. It relies more on transparency regarding the: Risks Profits Unknowns Mechanisms for resolving problems as they arise This aspect is all the more important given that the public already sees a connection between infrastructure, the economy, and the climate. According to the Global Infrastructure Index 2026, **72% of respondents believe that investing in infrastructure creates jobs and boosts the economy, while 59% believe that such investments make a significant contribution to combatting and mitigating the effects of climate change.**¹ However, this favourable perception cannot be taken for granted. For the organizations leading these projects, the quality of the dialogue and stakeholder engagement is in itself a key aspect of project risk management. Regulatory frameworks capable of supporting the transformation Regulatory frameworks play a vital role in protecting public interest. They must be able to adapt to the pace of the changes they oversee. The challenge is to develop processes that are sufficiently predictable, coordinated, and agile to enable developers and investors to understand the rules of the game and make long-term decisions. Effective regulation must pursue several objectives simultaneously: Protecting the environment and communities Maintaining the security of infrastructure Creating predictability for investors Enabling the integration of new technologies When approval cycles become much longer than cycles of technological innovation or investment, the risk is no longer merely administrative: it becomes economic. Legal considerations also come into play early in the project: risk allocation, the contractual framework, financing, regulations, and governance all help create the conditions necessary for the project’s implementation. Major infrastructure projects: Moving from ambition to implementation The coming years will likely see no shortage of climate goals, capital, and innovation. The key factor will be the ability to turn them into operational infrastructure. This process requires that several conditions be met: A long-term vision Capital and financing Government decisions Technologies Regulations Partnerships Community engagement and stakeholder relations Effective risk allocation In this new environment, the law is no longer confined to the periphery of a project, after business decisions have been made. It helps lay the groundwork for the project to exist. The projects that move forward will be those whose developers have managed to address uncertainty clearly enough to enable the various stakeholders to move forward together. The energy transition thus imposes a new discipline on infrastructure builders: that of thinking in the very long term while retaining the ability to adapt; of accepting risk without compromising on rigour; of exploring multiple solutions rather than seeking a single answer; and of building trust as methodically as the assets themselves. In a world where uncertainty is becoming the norm, the ability to implement projects is itself becoming a strategic advantage.

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  2. Sustainable Infrastructure Financing: From Promise to Proof

    The fight against climate change calls for a major energy transition, but the undertaking is made even more complex by a growing demand for electricity driven by the proliferation of artificial intelligence and other new technologies. However, the urgency of the problem alone does not make a project to fix it bankable. As we mentioned in our previous article in this series,1 a project is financed on a risk-by-risk basis, based on demonstrable revenue streams and coherently allocated contractual risks. Similarly, environmental criteria must be identified, measured and allocated so that they can be incorporated into feasible projects. This article examines the issue in two parts. First, it outlines the conditions a green project must meet to be bankable. These are the same as for any infrastructure project, but in an environment that now requires a common language, verifiable indicators and guarding against greenwashing. Second, it provides concrete examples of how these stringent standards are put into practice. Making a green project bankable: the same principles, but with greater discipline The fundamentals of bankability do not change simply because a project carries a green label. The principles set out in our previous article—risk allocation, revenue certainty, commercial viability and regulatory stability—apply in exactly the same way. What is added is the need for a framework to assess environmental performance using common, precise and measurable language. This terminology is currently being defined in Canada. The Taxonomy and Transition Council, established by the Business Future Pathways consortium in collaboration with the Canadian Climate Institute, is developing a national sustainable finance taxonomy. In its draft methodology report, open for public consultation until August 13, 2026,2 three categories of activities are proposed: green, transition and abatement. Furthermore, the Council is expected to issue guidelines for six priority sectors by the end of 2027. In Quebec, the White Paper on Sustainable Real Estate, published in April 2026 by Décarbone+ with the support of Hydro-Québec, the CDPQ, the National Bank, Montoni, Lavery and the Pôle IDEOS at HEC Montréal, pursues the same objective in the real estate sector: to provide a collective benchmark based on concrete data and demonstrate that building decarbonization is not only possible, it is profitable.3 In a financing context, a proper taxonomy can facilitate due diligence, broaden the investor base by providing clarity and predictability, and, through the certainty it brings, reduce the rates at which funds are made available. However, a standardized taxonomy is not sufficient on its own, and any environmental claim must be verifiable. According to TD Securities, global sustainable debt issuances stood at just under USD 1.6 trillion in 2025, down 7% from 2024, while sustainability-linked loans fell from 530 to 418 billion.4This decline could be attributed to a tightening of standards, with lenders looking beyond advertised “greenness” to analyze the underlying substance of a project. Since 2017, Québec’s green bond program has yielded nine issuances totalling approximately $5.7 billion,5 and the $1.85 billion issuance for the REM is among the largest in Canada.6According to the Ministère des Finances, “green bonds do not represent an additional source of financing for Quebec. They are simply another means of financing borrowings that would otherwise have been financed through conventional bonds.”7 The innovative aspect of green bonds lies in the allocation, tracking and reporting frameworks built into them, which unlocks access to pools of investors bound by mandates restricting capital to green initiatives alone. If the project company promises a specific level of environmental performance to a public authority, such as a building’s energy consumption, carbon intensity or a proportion of recycled materials, it must be able to secure the same standard from the contractor, operator and suppliers. Definitions, measurement periods, audit rights and remedies must be consistent across all contracts; otherwise, the project company will face a payment reduction with no recourse against the party responsible for the shortfall, exactly as applies to an improperly allocated construction risk. The risk of greenwashing follows the same logic. An unsubstantiated environmental claim is no longer merely a reputational risk. Since June 2024, such a claim can be sanctioned under the Competition Act, with a fine of up to 3% of annual worldwide gross revenues. Furthermore, since June 20, 2025, the Act has also introduced a private right of action, making third parties entitled to bring proceedings before the Competition Tribunal under certain conditions.8In cases of project financing, an unsubstantiated claim represents an unallocated risk trapped within the structure that could jeopardize the project’s bankability. A well-defined scope and verifiable indicators are necessary to effectively analyze and mitigate this risk. From principles to practice Deep Sky: revenue certainty takes precedence over environmental benefits Although direct air capture is becoming increasingly essential to achieving carbon reduction targets, the bankability of these projects remains grounded in revenue certainty, rigorous contracting and the quality of the financial model. The Deep Sky Alpha facility in Innisfail, Alberta, combines several direct air capture technologies with permanent geological storage.9 Its financing was made possible in particular by carbon removal credit purchase agreements concluded with companies such as Lufthansa and ENGIE, with the latter having committed to purchasing up to 15,000 credits.10 These contracts serve the same purpose as power purchase agreements in wind farm projects, for example, by providing the project with the revenue certainty needed to attract financing. However, as with any offtake agreement, the parameters must be clearly defined: price, volume, delivery schedule, removal certification, permanence of storage, replacement of undelivered credits and buyer creditworthiness. Deep Sky also secured an $11-million credit facility from Finalta Capital backed by refundable clean economy tax credits,11 a structure in which the federal tax credit acts as financing leverage. These examples illustrate the principle that a technology is not bankable simply because it is green—it becomes so when its revenues are as predictable as those of a conventional project. Énergir: financing the transition in a shifting regulatory environment Strict standards do not dictate that only assets that are already “perfectly green” can be financed. The Canadian taxonomy recognizes the “transition” and “abatement” categories, reflecting the reality of an economy in which many sectors can only gradually reduce their carbon intensity rather than shifting it overnight. To finance transition and abatement projects, regulatory predictability is absolutely necessary. Énergir’s trajectory is a clear case in point, as are the uncertainties inherent to its environment. Its regulatory obligation to supply gas from renewable sources rose to 5% in 2025–2026 and was set to reach 10% in 2030–2031.12 To achieve this, Énergir launched a dual-energy program combining electricity and natural gas in April 202613 and set up a subsidiary dedicated to residential geothermal energy in December 2025.14However, in July 2026, the Québec government announced its intention to review the regulatory trajectory for gas from renewable sources, requested an opinion from the Régie de l’énergie (slated for fall 2026), and formed an expert committee whose recommendations are expected in early 2027.15 Clearly, if the regulatory targets underpinning a transition project are subject to midstream changes, the project’s financial model is weakened, its revenue assumptions open to challenge and its appeal to lenders diminished. Because the markets and revenue streams of entities such as Énergir are governed by planning approved by the Régie de l’énergie du Québec, projects led by regulated utilities generally benefit from an unusually high degree of predictability. They are largely insulated from occasional shifts in government policy. Furthermore, the same technical system can produce different results depending on the power grid, the climate or the baseline it replaces. The economic viability of different projects using the same system must therefore be assessed jurisdiction by jurisdiction. Measuring Beyond: measuring what is promised Verifying that environmental promises are kept requires a standard of measurement that goes far beyond simply including covenants into contract documentation. The Measuring Beyond Initiative, launched by HEC Montréal in partnership with the University of Oxford’s Saïd Business School, was designed with this objective in mind: to measure ESG performance with sufficient rigour to allow the findings to be built into financial models, not simply relegated to annual reports.16 The initiative is accompanied by the creation of a Chair in Sustainable Finance, a sign that measuring non-financial performance is now a professional discipline in its own right. HEC Montréal’s Sustainable Transition Office, co-led by Dominique Anglade, is also helping train decision-makers to understand and articulate transition challenges. Climate literacy is, in itself, a prerequisite for sound governance. Decision-makers must be able to understand the environmental assumptions they build into a project before they become contractual covenants. For their part, lenders must verify the consistency of the information throughout the project lifecycle, from the tender stage, through construction and operating contracts, to the financing documentation. Ultimately, sound governance is precisely what turns an environmental metric from an aspirational target into verifiable data that financiers can truly rely on. Conclusion To paraphrase Romain Rolland, rising to the challenge of the energy transition requires combining the pessimism of the intellect—which cuts through every illusion—with the optimism of the will. Optimism is needed to devise ambitious projects, while realism (in lieu of pessimism) provides the discipline required to make them bankable. Without such discipline, an environmental label can turn into greenwashing, undermining the very financing it was intended to support. With it, however, the verified sustainability of a project broadens access to capital markets and makes climate-related revenues genuinely bankable. The same logic applies to so-called “smart” infrastructure. Its data and performance indicators must likewise be reliable, verifiable and subject to contractual requirements. This will be the subject of the next article in this series. D. Tournier and J. Menard, 2026. “Our infrastructure contracts: from the ideal project to the bankable project.” Lavery, de Billy. https://www.lavery.ca/en/publications/our-publications/6468-our-infrastructure-contracts-from-the-ideal-project-to-the-bankable-project.html Business Future Pathways, 2026. Canadian Sustainable Finance Taxonomy: Methodology Report. https://www.businessfuturepathways.ca/public-comment-period-begins-on-canadas-sustainable-finance-taxonomy/ Décarbone+, 2026. “White Paper, Sustainable Real Estate.” https://decarboneplus.org/initiatives/atelier-1-immobilier-durable/ TD Securities, 2026. “Sustainable Finance 2025 in Review and 2026 Outlook.” https://www.tdsecurities.com/ca/en/sustainable-finance-2025-in-review-and-2026-outlook Ministère des Finances du Québec, 2025. Green Bond Newsletter. https://www.finances.gouv.qc.ca/documents/Autres/en/AUTEN_MFQ_OblVertes_Bulletin_Nov2025.pdf CDPQ Infra, 2026. “REM successfully raises $1.85 billion through its first green bond issuance.” https://cdpqinfra.com/en/news/pressreleases/rem-successfully-raises-185-billion-through-its-first-green-bond-issuance Ministère des Finances du Québec, n.d. “Additional information.” https://www.finances.gouv.qc.ca/department/financing/green_bonds/additional_information.asp Competition Bureau Canada, 2025. “Environmental claims and the Competition Act.”https://competition-bureau.canada.ca/en/how-we-foster-competition/education-and-outreach/environmental-claims-and-greenwashing Deep Sky, 2025. “Deep Sky Alpha Begins Operations with North America’s First CO2 Storage via Direct Air Capture.” https://www.deepskyclimate.com/blog/history-made-deep-sky-alpha-begins-operations-with-north-americas-first-co2-storage-via-direct-air-capture-2 Deep Sky, 2026. “Deep Sky and Lufthansa Group Enter Carbon Removal Credit Agreement.” https://www.deepskyclimate.com/blog/deep-sky-and-lufthansa-group-enter-carbon-removal-credit-agreement; Deep Sky, 2026. “Deep Sky Announces Partnership to Advance Direct Air Capture with ENGIE.” https://www.deepskyclimate.com/blog/deep-sky-announces-partnership-to-advance-direct-air-capture-with-engie Deep Sky, 2025. “Deep Sky Secures First-of-its-Kind Financing with Finalta Capital to Advance Carbon Removal in Canada.” https://www.deepskyclimate.com/blog/deep-sky-secures-first-of-its-kind-financing-with-finalta-capital-to-advance-carbon-removal-in-canada Énergir, 2026. “Renewable Natural Gas, Your Energy Transition Ally.” https://energir.com/en/residential/renewable-natural-gas Énergir, 2026. Dual-Energy Electricity and Natural Gas Program. https://energir.com/files/energir_common/import/Fichiers/Subvention_bienergie/Guide-Participation_bienergie_EN.pdf Énergir, 2025. “Énergir Geothermal Solution: A New Subsidiary Dedicated to Deploying Residential Geothermal Systems in Québec.” https://energir.com/en/about/media/news/energir-geothermal-solution-new-subsidiary-dedicated-deploying-residential-geothermal-systems-quebec Government of Québec, 2026. “Québec veut renforcer sa sécurité énergétique et réduire la facture pour les consommateurs de gaz naturel.” Press release dated July 16, 2026. https://www.quebec.ca/nouvelles/actualites/details/quebec-veut-renforcer-sa-securite-energetique-et-reduire-la-facture-pour-les-consommateurs-de-gaz-naturel-71977 [in French only] HEC Montréal, 2023. “Measuring Beyond Initiative.” https://www.hec.ca/en/sustainable-and-responsible-management/measuring-beyond-initiative/index.html

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  3. Our infrastructure contracts: from the ideal project to the bankable project

    There is currently much debate about what is the “best” infrastructure project delivery method. Design-build-finance-maintain? Collaborative model? Alliancing? Another way? Even though the labels may change, one underlying reality remains: The structure best suited to financing, whether private or public, stands the best chance of success.  After exploring the reasons why infrastructure financing needs to be modernized and reviewing emerging models, our series is finally getting to the heart of the matter: the contractual framework and risk allocation. This is where a project transitions from just a vision to reality.  That is because, while risk allocation may be viewed differently by various stakeholders, the requirements of the financier or public authority are what ultimately dictate a project's success or failure. Stakeholders would therefore be well advised to keep this in mind right from the design phase.  The bankability of a project, that is, whether it can actually be financed on acceptable terms, is a matter of contractual discipline aimed at stabilizing costs and revenues, making risks manageable and establishing a management structure that can deal with deviations without letting the project spiral out of control. Put another way, a project is financed risk by risk, each one (supply, construction, operation, or refinancing) must be assessed, mitigated and contractually assigned to the party best positioned to manage it. The same principles apply whether the goal is to secure bank financing or simply stay within a public budget. Given the length of this article, we can only provide a brief overview of these principles.  Project financing in short: special purpose vehicle, financial model and off-balance-sheet  The most common structure, especially in public-private partnerships (PPPs), is a special purpose vehicle (SPV), which, depending on the type of project, is an entity created to contract with the public authority, own the future infrastructure and carry the debt. This entity raises equity capital from developers, builders, operators and investment funds, and debt capital from banks, bond investors and development finance institutions. In limited-recourse project financing, the purpose of an SPV is the resulting compartmentalization: lenders are repaid from the project’s cash flows, without a security interest (or with a limited security interest) in the shareholders’ assets. The idea is not new. A famous predecessor is the Suez Canal Company, a joint-stock company founded in 1858 to carry out a single project by raising capital based solely on the project’s potential.1 What has changed is the financial model underpinning the transaction: It has become far more sophisticated. It is now a complex labyrinth of Excel sheets, with a continuous thread of cash flows under the firm control of the lenders, with all project documentation bringing the model to fruition within a coherent, “closed system.” The model thus dictates how rigorously due diligence is conducted, how cash flow allocation is prioritized (operations, reserves, debt service and distributions), and how strictly dividends are capped as long as safety margins are not met.  This financing structure is not the only possible option. For example, for smaller projects or less liquid markets, we often see full-recourse corporate financing. Here, SPVs backed by corporate guarantees facilitate closing when pure non-recourse financing is out of reach, but the result is that project compartmentalization is reduced and shareholders face more exposure. No matter which model is available or chosen, the project owner and developer must be as disciplined as a lender, even if no financier needs to be brought on board. A project carried out and paid for with public funds must be just as thorough as a private one: A budget must be kept and value for money achieved through the same assessment of risks and the same search for the party best placed to assume them.2 Even when no funds are sought from a bank, a banker’s perspective is still indispensable.  Bankable income  The risk differential is considerable between a model with contractually secured or regulated revenues and one left to the mercy of fluctuations in demand, prices or government decisions. A project’s risk profile will ultimately dictate interest rates, acceptable debt levels and even whether the project can achieve financial close. The solutions depend on the type of project. Examples include pricing regulated by a credible regulator for a transport project; long-term purchase agreements at a fixed price or a price linked to raw materials in the energy or petrochemical sectors; or availability payments in PPPs, where compensation is based on the provision of services under the contract rather than on the number of users. Of course, much civil infrastructure generates no income from users, instead, the public authority compensates the operator for availability. In all cases, the cash flow must be predictable and viable, but the payment mechanism must be enforceable and within the financial capacity of the final paying party.   While availability payments in a PPP shift demand risk, they also concentrate revenues with a single public authority, and that authority’s creditworthiness will dictate whether other guarantees, such as budgetary safeguards and dedicated payment mechanisms, are required.  A toll project is bankable if traffic assumptions are conservative, toll rates are adjustable and social acceptability is addressed in advance. In addition, predictable revenues at a rate that covers debt service open the door to signing a credible—and therefore bankable—operating contract. In an industrial project, a solid offtake agreement must substantiate the financial model’s projections, and when a cost cannot be fixed in advance, it must be linked to the revenues it drives, through indexation or cost pass-through, so that the two vary in tandem rather than in opposite directions.  Assessing, mitigating and allocating risks  The essential preliminary step before drafting any contract is to identify risks, evaluate their probability and impact, and determine appropriate mitigation measures for each. Only then can the contractual framework be established, allocating each residual risk to the party best suited to assume it. Debt financing is only available for risks that have been identified, quantified, and allocated. This is why lenders demand consistency: If the SPV guarantees a service standard to the public authority, it must be able to “procure” this exact standard from its contractors. Otherwise, the SPV will retain the risk and the project will become difficult to finance.  Construction provides the most compelling illustration of this principle. To establish the price of a project, a market-tested cost estimate is conducted (ideally through real bids), and then a fixed-price, fixed-deadline turnkey EPC contract is concluded. Lenders favour this specific structure precisely because it establishes the cost of completion. The contractor includes a margin for its own contingencies, which represents the price of certainty. Any residual default risks are covered by performance bonds to ensure project completion if the contractor falters, letters of credit guaranteeing the reimbursement of advance payments, payment holdbacks and late penalties. These mechanisms ensure that, whatever happens, the project will be delivered on budget, in compliance with the financial model.  However, even though we prefer fixed-price EPCs, they are not used across the board. In Quebec and Ontario, more flexible procurement is often used, such as EPCM, alliancing and progressive design-build, where the contractor is engaged early in the process but the price is not locked in from the outset. A target price is established during the draft-design phase, featuring a risk-and-reward sharing mechanism for overruns and savings, typically capped, to align interests without placing the entire risk burden on one party.3 However, the golden rule of finance still holds true: the less certain the price, the greater the uncertainty, leading the lender to require higher equity, completion guarantees or shareholder support—driving up financing costs to account for the risk.  The contract must be structured for the long term, as infrastructure projects are financed over decades in a changing world. Legislative changes, superior force, climate and geotechnical hazards must all be anticipated to prevent an external event from triggering a default. In addition, lenders are often granted step-in rights through direct agreements with the public authority, allowing them to take back control should the contractor default on its obligations, thereby avoiding termination and ensuring service continuity. When they are well-designed and have precise triggers and realistic remediation deadlines, such mechanisms also serve the public interest by providing a window for corrective action before the government has to step in.  Capitalization and leverage  The level of financial leverage and the quality of the SPV’s capitalization are direct determinants of bankability. Shareholders often have an interest in maximizing debt, as it is generally less expensive than equity and increases returns. The lenders, for their part, want an SPV that is sufficiently capitalized to absorb shocks and maintain incentive alignment. If the equity portion is marginal, financial close is often more difficult and contractual protection requirements may increase. Should the economic balance deteriorate, an operator with limited financial exposure may prefer to withdraw rather than incur prolonged losses, leaving the public authority facing a forced renegotiation. Minimum equity requirements, combined with restrictions on the sale of shares prior to commissioning and a stabilization period, are specifically designed to avoid such misalignment.  Lastly, when a public authority awards a contract before financing is fully committed, the interval between the award and financial close exposes it to renegotiation pressure, because lenders will impose conditions precedent as they finalize their due diligence. To mitigate this risk, the public authority will adopt a banker’s perspective by including credibility requirements for the financing plan right from the tender stage. Where appropriate, it will also incorporate incentive or disciplinary mechanisms, such as bid bonds, more advanced financing commitments, optional pre-arranged financing. Over time, bankability requires that the contract cover the allocation of refinancing risk and the allocation of refinancing gains, if any, so as to avoid difficult future negotiations on value for money.  The mechanics of public intervention  Public intervention is compatible with the market, provided that it is intended to remove specific barriers rather than replacing the market. A public subsidy or loan can fill a viability gap, offset the lack of long-term maturities or mitigate an excessive risk premium. Partial guarantees and credit enhancement, which allow an institutional guarantor to cover a portion of the default risk, help to make private commercial debt available at a lower cost. Other financing structures can go even further. The public authority can waive most of its defences against the lenders once the work has been completed and accepted. This is called “debt assignment,” a typical example being forfaiting, a well-known mechanism used in European PPPs. The public authority’s debt thereby becomes almost unconditional and can be transferred to the banks, which no longer carry project risk, but instead take on direct exposure to the public authority. This drives financing costs down. Of course, the intent is never to use public funds to serve private interests or to manage them any less rigorously. Ultimately, any commitment of public funds calls for the exact same discipline in risk management and contractual structuring.  Conclusion  We can all dream of a better world, but we need to give ourselves the means to build it. Private financing comes at a cost, and that cost justifies the discipline it forces on a project. A non-recourse lender only signs off on what they have assessed, quantified and mitigated, and such an exacting approach benefits the entire project. Whether a banker is involved or not, structuring contracts in this way is the best guarantee of success.  Sir William Cornelius Van Horne, who directed the construction of the Canadian Pacific Transcontinental Railway, completed in 1885 in less than half the planned time, is quoted as saying “It has always been a profound belief of mine that the things which people regard as next to impossible are the easiest things to do”.4 Yet the man was anything but a dreamer. He knew that the subsidies, in money and land, would only be paid as railway sections were completed, inspected and commissioned, and he was known for his iron discipline in payment sequencing and the choice of contracting partners. Still today, such a rigorous approach is what turns a project that exists only on paper into one that is actually built.  Encyclopædia Britannica, “Suez Canal”, https://www.britannica.com/topic/Suez-Canal  OECD, 2012, Recommendation of the Council on Principles for Public Governance of Public-Private Partnerships, https://legalinstruments.oecd.org/public/doc/275/275.en.pdf; and World Bank, 2017, Public-Private Partnerships Reference Guide (Version 3), https://ppp.worldbank.org/sites/default/files/2024-08/PPP%20Reference%20Guide%20Version%203.pdf Gouvernement du Québec (2024), Stratégie québécoise en infrastructures publiques — Des infrastructures de qualité, réalisées plus rapidement et à meilleur coût, https://cdn-contenu.quebec.ca/cdn-contenu/adm/org/sous-secretariat-infrastructures-publiques/publications/strategie/strategie_infrastructures.pdf ; Infrastructure Ontario, Choosing the Right Model for Each Project, https://www.infrastructureontario.ca/en/what-we-do/major-projects/model-selection/ Red River North Heritage, Creating a Legacy: The Van Horne Farm part I, https://redrivernorthheritage.com/creating-a-legacy/; Dictionary of Canadian Biography (1998), Van Horne, Sir William Cornelius, https://www.biographi.ca/en/bio/van_horne_william_cornelius_14E.html Source used throughout the article: World Bank, 2025, Infrastructure Monitor 2024 , https://openknowledge.worldbank.org/server/api/core/bitstreams/de04d2f1-f59f-499d-9aa1-2bf052d74eb3/content 

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  4. Funding our infrastructure: proven models and innovative approaches

    The first article1 of this series provided an overview of infrastructure financing in Quebec and Canada, explaining why it must adapt to address maintenance backlogs, the imperatives of the energy transition and increasing fiscal constraints. This second article turns to emerging financing models and their concrete applications. Updated, Alternative and Emerging Financial Models Public-Private Partnerships2 Public-private partnerships (PPPs) are a well-established financing and management model for infrastructure projects, under which the private sector may be involved in the design, construction, financing and, in some cases, the operation and maintenance of a public asset.3 In return, the private partner receives payments that are contingent on performance, including the achievement of predetermined milestones during construction and the availability or quality of the service during operation. Contemporary PPPs are distinguished by their contractual mechanisms for performance monitoring and change management, permitting adjustments to financial or operational conditions over time based on the actual performance of the private partner. This approach facilitates an improved distribution of risks among parties, with the private sector typically assuming risks associated with costs, timelines, and performance, while the public sector retains responsibility for defining service levels and ensuring that essential services remain accessible to the population. Modern PPP agreements increasingly incorporate detailed performance clauses and financial review mechanisms based on quantifiable project outcomes, which helps ensure rigorous contract management. These measures enhance transparency and accountability, allow for a more equitable allocation of benefits and increase resilience in the face of unforeseen events. From a public finance perspective, PPPs also offer an important budgetary advantage. Because the private partner provides the initial financing and is repaid over time through service payments, the upfront investment does not always appear in the same way as traditional public debt, depending on the applicable accounting framework. Instead, it is reflected in long-term contractual commitments, which can help governments move forward with priority projects despite tight borrowing limits or annual budget constraints. This should not, however, be confused with the economic rationale for PPPs, which is based primarily on risk allocation, implementation discipline and performance over the project lifecycle.  When maintenance and lifecycle renewal are included in the contractual framework, assets developed under PPPs also tend to be better maintained over time, since these obligations fall on the private partner and are not dependent on future political decisions to allocate maintenance budgets. For example, the Highway 25 PPP agreement expressly provides for the design, construction, financing, operation, maintenance and refurbishment of the infrastructure, and entrusts the private partner with responsibility for the operation and maintenance of the relevant section. That said, private financing often carries a higher nominal cost and is generally more expensive than sovereign borrowing. At the outset, the decision to opt for a PPP should therefore be supported by value-for-money analyses to assess, on a project-by-project basis, whether the premium associated with private financing is offset by the value created. The value of PPPs therefore lies in the transfer of risk, the discipline in project delivery and the more predictable management of the lifecycle – all factors that must be carefully assessed on a case-by-case basis. Performance-Based Contracts4 Performance-based contracts (PBCs) are increasingly used tools in the financing and management of public infrastructure, particularly in the energy, transportation and water management sectors. In such agreements, the private operator is compensated based on the quality of the service provided or the efficiency achieved, rather than through purely fixed or input-based remuneration. This model encourages a results-oriented culture, where payments are conditional on meeting measurable indicators such as asset availability, energy consumption, response times or user satisfaction. By directly linking compensation to performance, PBCs motivate private partners to innovate, optimize processes and maintain a high level of service throughout the project lifecycle. They can also help reduce long-term operating costs and better manage risks related to maintenance and obsolescence by promoting a proactive rather than corrective approach. PBCs and PPPs are not mutually exclusive. In practice,  PBCs can be embedded within PPP agreements (for example, where payments for availability or energy performance are central to the business model) or used on a stand-alone basis in more traditional procurement arrangements, particularly for the operation and maintenance of existing assets. In both cases, the common thread is that of aligning financial flows with objectively measured performance. Blockchain and Automation5 The integration of blockchain technology into infrastructure projects is emerging as a useful innovation, particularly where multiple stakeholders, large payment flows and complex supply chains are involved. Blockchain’s decentralized and tamper-resistant structure allows for the implementation of “smart contracts” — agreements whose key conditions (for example, completion of a construction milestone or delivery of materials) are encoded and can trigger automatic actions once verified. Applied to construction and infrastructure, this can streamline procurement and payment processes. For example, once an independent engineer validates that a bridge pier has been completed in accordance with the plans, a smart contract could automatically release the corresponding payment from an escrow account to the contractor, while updating the project ledger shared by the owner, contractors and lenders. Similarly, deliveries of critical materials can be recorded on a shared blockchain register, ensuring that only approved products are used and reducing the risk of fraud or substitution. By automating these steps, blockchain can reduce administrative delays, limit disputes over invoices and strengthen audit trails. From a financing perspective, this increased transparency and the reliability of project data are of particular interest to lenders and investors. More robust, real-time information about progress, costs and compliance can make it easier to monitor covenants, reduce perceived counterparty risks and ultimately support a more efficient disbursement of funds and potentially lower financing margins for well-structured projects. Crowdfunding6 Crowdfunding has increasingly emerged as a complementary mechanism for financing infrastructure and construction projects—especially smaller-scale, community-oriented ones—by tapping many smaller contributions rather than relying solely on large institutional investors or government grants. For example, the Luchtsingel pedestrian bridge in Rotterdam was partly financed through a campaign in which residents could “buy” individual wooden planks, each engraved with their names. Thousands of small donations collectively triggered a larger municipal grant, proving that citizen-led investment can catalyze broader public-private partnerships.7 While crowdfunding as an alternative source of financing offers greater community engagement and more transparency, it also requires strong campaign design, clear revenue models or public benefit justifications and credible governance to succeed. For the moment, it remains a niche instrument, but one that illustrates how citizens can be directly involved in financing and shaping the infrastructure of their communities. International Case Studies Europe: Green Bonds and PPPs In French public procurement, the prevalent model is the marché de partenariat, an integrated contract by which a private operator, under private project management, undertakes to provide private source financing, design, construction, maintenance, and possibly operation of an asset, in exchange for deferred public payments tied to performance. Created in 2015 by a reform aligning domestic law with EU rules, it unified prior heterogeneous PPP-like schemes into a specific category of public contract, distinct from concessions. The marché de partenariat targets whole -life cost optimization and transfer of relevant risks (design, construction, availability, energy performance) in return for a private financing premium, enforced through performance-based payments, financial adjustment clauses, and reinforced oversight. It suits complex, long-term projects integrating design–build–maintain and smoothing budget outlays.8 These advantages come with governance challenges: the contracts are complex, long-term and often costly to prepare and monitor, which raises issues of transparency, capacity of public authorities to negotiate on an equal footing, and democratic control over commitments that can span several decades. This partnership model is increasingly fuelled by green bonds and other sustainable finance instruments at the European level, which have emerged as central tools for sustainable infrastructure finance and provide a pipeline of targeted capital that can be structured within marché de partenariat frameworks to deliver measurable environmental performance. According to data from the European Environment Agency, green bonds accounted for 6.9% of all corporate and government bonds issued in EU27 countries in 2024, up from 5.3% in 2023-,9 while the European Investment Bank approved over €15 billion in new financing in mid-2025 directed at water, transport, energy, and housing infrastructure projects that support the green transition-.10 This reflects the region’s strategic shift toward the channelling of capital into low-carbon- infrastructure such as public transport, renewable energy, and thermal building renovation. Asia: Digital Modelling and Blockchain The Land Authority of Singapore built the first nation-scale digital twin: a high-resolution 3D model of the entire country created from airborne and vehicle-based laser scanning, covering above- and belowground assets. The platform integrates real-time data (buildings, infrastructure, mobility, environment) to simulate scenarios for urban planning, infrastructure management, sustainability, and emergency response. It enables cross-agency and public–private collaboration, supports data-driven policy, and provides a testbed for Smart Nation services and applications. With the ongoing integration of AI, Virtual Singapore functions as an evolving operational tool for resilient, efficient city management and research, with anticipated partial public access to enhance transparency and civic engagement.11 Complementing this digital modelling infrastructure, the OCBC bank and Land Transport Authority of Singapore have launched a pilot of a blockchain-based conditional payment solution for construction projects. Under this arrangement, the Authority can disburse “mobilization advance payments” to contractors once predefined conditions, encoded in smart contracts, are verified. This innovation streamlines the disbursement process, ensures greater transparency over the use of funds, and reduces administrative friction associated with large upfront payments typical of major infrastructure works. As of the initial deployment, over 22 million Singaporean dollars had already been disbursed under this mechanism.12 By combining digital modelling with blockchain, Singapore has adopted a technologically integrated approach to infrastructure development and financing. The digital twin allows for more precise planning, cost estimation and risk assessment, which helps structure bankable projects and gives greater comfort to investors and lenders. The blockchain-based payment system, for its part, secures and accelerates the flow of funds once milestones are reached. Together, these tools strengthen project transparency, coordination among stakeholders, risk management and lifecycle governance. Latin America: Mobilizing Regional Markets for Infrastructure Financing The Development Bank of Latin America and the Caribbean (“CAF”) has significantly stepped up its role as a structural financier of infrastructure across Latin America and the Caribbean. In December 2024, its board approved US$2.478 billion for sustainable development and infrastructure projects spanning water and sanitation, urban mobility, energy transition, and social infrastructure across 10 countries.13 In 2025, CAF further committed US$1.086 billion to support climate-resilient and strategic infrastructure operations in Brazil, Colombia, Uruguay, and Chile, including urban development, railway reactivation and water security for metropolitan areas.14 Beyond project-by-project financing, CAF has announced a broad long-term commitment. Over the next five years, it aims to mobilize up to US$40 billion to support a “triple transition”: green, digital and social, targeting energy transition, climate resilience, water and sanitation, sustainable mobility, ecosystem preservation and inclusive infrastructure.15 Through these combined efforts, CAF seeks to close the region’s infrastructure deficit and orient development toward sustainability, resilience and social inclusion, while deepening regional capital markets for infrastructure financing. Conclusion The evolution of infrastructure financing is being shaped by a convergence of innovation and technology, on the one hand, and by growing investment needs on the other. From modern PPPs and performance-based contracts to blockchain-enabled automation and community-driven crowdfunding, emerging instruments broaden the spectrum of available capital while improving efficiency, transparency, and accountability. International case studies demonstrate that these innovations are already being applied in practice. Europe is scaling sustainable finance with green bonds embedded into long-term partnership contracts; Asia is pioneering the integration of digital modelling and blockchain to streamline project delivery and provide financiers with more reliable, real-time information on risks and performance; and Latin America is mobilizing regional development banks to close infrastructure gaps through climate-resilient, socially inclusive investment. Taken together, these approaches reveal a global shift toward infrastructure systems that are more data-driven, performance-oriented, participatory, and financially diversified. As governments face rising fiscal constraints and increasing demands for sustainability, the adoption of these new financing models offers a path to delivering projects that are not only bankable, but also resilient, transparent, and aligned with long-term societal goals. Why rethink Infrastructure Financing: https://www.lavery.ca/en/publications/our-publications/6438-why-rethink-infrastructure-financing-.html The World Bank . (2017). Public-Private Partnership Reference Guide (3th ed.). https://ppp.worldbank.org/sites/default/files/2024-08/PPP%20Reference%20Guide%20Version%203.pdf Achats Canada. (2025). Partenariat public-privé. Gouvernement du Canada. https://achatscanada.canada.ca/fr/portail-de-l-acheteur/approvisionnement-specialise/strategique/partenariat-public-prive The World Bank. (2023). Performance-based contracts: Promoting quality road maintenance and economic efficiency. World Bank. https://blogs.worldbank.org/en/transport/performance-based-contracts-promoting-quality-road-maintenance-and-economic-efficiency Waqar, A., Khan, A. M., & Othman, I. (2024). Blockchain empowerment in construction supply chains: enhancing efficiency and sustainability for an infrastructure development. Journal of Infrastructure Intelligence and Resilience, 3(1), 100065. https://www.sciencedirect.com/science/article/pii/S2772991523000403 Construction Placements. (2025). Crowd-funded infrastructure: Can retail investors finance bridges?. https://www.constructionplacements.com/crowdfunded-infrastructure-retail-investors-bridges Petty, J. (2017). Crowdfunding architecture. Architect & Developer. https://architectanddeveloper.com/crowdfunding-architecture/ MEFSIEN. Les marches de partenariat. https://www.economie.gouv.fr/files/files/directions_services/daj/media-document/FT16_Le_marche_de_partenariat.pdf European Environment Agency. (2025). Green bonds in Europe. https://www.eea.europa.eu/en/analysis/indicators/green-bonds-8th-eap EuropaWire. (2025). European Investment Bank Group Unveils €15.5 Billion Boost for Water, Transport, Housing, Energy and Innovation. https://news.europawire.eu/european-investment-bank-group-unveils-e15-5-billion-boost-for-water-transport-housing-energy-and-innovation/eu-press-release/2025/07/18/12/28/51/159075/ OPSI. (2015). Virtual Singapore – Singapore’s virtual twin. https://oecd-opsi.org/innovations/virtual-twin-singapore/ OCBC. (2024). OCBC partners LTA to pilot blockchain-based conditional payment solution for construction projects. https://www.ocbc.com/group/media/release/2024/ocbc-partners-lta-to-pilot-blockchain-based-conditional-payment-solution-for-construction-projects CAF. (2024). CAF approves USD 2.478 billion for sustainable development in Latin America and the Caribbean. https://www.caf.com/en/currently/news/caf-approves-usd-2478-billion-for-sustainable-development-in-latin-america-and-the-caribbean/ CAF. (2025). CAF Board of Directors approves USD 1.086 billion to boost sustainable infrastructure and climate resilience in Latin America. https://www.caf.com/en/currently/news/caf-board-of-directors-approves-usd-1086-billion-to-boost-sustainable-infrastructure-and-climate-resilience-in-latin-america/ CAF. (2025). CAF to allocate USD 40 billion over the next five years to boost green growth. https://www.caf.com/traducciones/traducciones_en/caf-to-allocate-usd-40-billion-over-the-next-five-years-to-boost-green-growth/

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  1. Navigating a Fractured World: Lavery Hosts the 2026 World Services Group Annual Meeting

    In September, Montréal hosted the 2026 World Services Group (WSG) Annual Meeting, organized this year by Lavery. More than 100 professionals from leading independent firms around the world gathered around a shared observation: businesses now operate in an environment where geopolitical, technological, climate and economic risks can no longer be considered in isolation. Under the theme “Navigating a Fractured World – Geopolitics, Resilience, and the Future of Legal Advisory,” the program brought together business leaders, diplomats, academics, entrepreneurs and legal professionals to exchange perspectives on some of the transformations currently reshaping the business environment. From the geopolitics of the North and artificial intelligence to the energy transition, mergers and acquisitions and supply chain security, a common thread emerged. As uncertainty becomes structural, the ability to anticipate change, adapt and make decisions despite unpredictability is becoming a strategic advantage. Arctic Sovereignty and Critical Minerals: The North at the Centre of New Global Power Dynamics Long perceived as a peripheral region, the North is emerging as an area where national security, strategic resources, new trade routes and the energy transition increasingly converge. Moderated by André Vautour, Partner at Lavery, the discussion brought together Nikolaj Harris, Ambassador of the Kingdom of Denmark to Canada; Timothy Naftali, Director of the Arctic Task Force at Columbia University’s Institute of Global Politics; and Killian Charles, President and CEO of Brunswick Exploration, to explore the implications of this transformation. The development of critical minerals illustrates this new reality particularly well. Western economies’ efforts to reduce certain strategic dependencies are creating significant opportunities, but having resources in the ground is not enough. Access to infrastructure, capital and processing capacity, as well as the global competitiveness of individual projects, will ultimately determine their viability. New navigation opportunities in the North could also reshape certain trade routes and, with them, considerations of sovereignty and security. The future of the North will therefore be determined well beyond its borders. What happens there could reshape supply chains, strategic dependencies and international alliances. Energy Transition and Infrastructure: Moving from Ambition to Execution The tension between ambition and the ability to execute was also at the heart of the discussion on infrastructure and the energy transition. Moderated by David Tournier, Partner at Lavery, Dominique Anglade, Executive Director and Adjunct Professor, Executive Education, HEC Montréal; Éric Lachance, President and CEO of Énergir; and Alex Petre, CEO of Deep Sky, approached the transition from a pragmatic perspective. For organizations, the challenge is no longer simply determining whether they should participate in the transition, but rather how to deploy the technologies, infrastructure and business models needed to support it at scale. This transformation also requires a different relationship with risk, including a shift toward a portfolio approach that allows organizations to experiment with different solutions while accepting that some initiatives may fail. Panelists also emphasized that reducing future emissions addresses only part of the challenge: emissions already accumulated in the atmosphere will require solutions of their own. For major projects, success will depend as much on economic and regulatory feasibility as on the ability to engage the various stakeholders from the earliest stages of development. Montréal and Québec: Turning Economic Disruption into Investment Opportunities The Annual Meeting also provided an opportunity to examine Montréal and Québec through the lens of their economic potential and their ability to attract investment in a changing international environment. In a discussion moderated by Selena Lu, Partner at Lavery, Alexandre Lagarde, Vice-President, Impact Investment and Major Projects at Montréal International, and Véronique Proulx, President and CEO of the Fédération des chambres de commerce du Québec, shared their perspectives on Montréal and Québec’s strengths, the sectors driving their economic vitality and the conditions required to remain competitive. Geopolitical and economic shifts are creating a new dynamic. Major public investments, particularly in infrastructure, energy and defence, can serve as powerful catalysts for private investment and the development of new industries. Public procurement can therefore help create the conditions for businesses to establish and expand their operations, particularly in the manufacturing sector. The discussion also highlighted opportunities that extend beyond traditional investment. Aging infrastructure across North America creates opportunities to bring in capital and expertise from other markets. At the same time, the wave of business transfers associated with Québec’s aging entrepreneurial population could create acquisition opportunities for companies seeking to establish a presence in Canada. Artificial Intelligence, Data Governance and Technology Providers: Strategic Issues for Organizations The discussion on artificial intelligence moved beyond the question of technology adoption to address a much more strategic issue: to what extent should an organization control the technologies, data and provider ecosystem on which its use of AI depends? Moderated by Benoit Yelle, Partner at Lavery, the panel brought together Sophie Fallaha, Executive Director of CEIMIA; Alejandro Padin, Partner at Garrigues; and Loïc Berdnikoff, Chief Legal and Innovation Officer at Lavery. The choice between developing proprietary capabilities and purchasing existing solutions, the “build vs. buy” decision, served as the starting point for the discussion, but its implications extend much further. An organization entrusting its data to a technology provider must understand not only where that data is hosted, but also who can access it, which subcontractors are involved in the technology chain and which jurisdictions may apply. As the discussion highlighted, even when a provider claims that data remains within a particular jurisdiction, its infrastructure, redundancy mechanisms or own service providers may create much more complex data flows. AI governance is therefore becoming inseparable from data governance. Data is a strategic asset that organizations cannot expose without understanding the associated risks, particularly in sectors where confidentiality is fundamental. For law firms, this issue takes on an additional dimension because of the very nature of the information entrusted to them. This discussion ultimately raised the broader question of what will an organization that has truly integrated AI look like ten or twenty years from now. The challenge will not simply be to have the best tools, but to establish the governance, skills, culture and control mechanisms required to use them responsibly and create value. In M&A, Value Is Shifting Toward Intangibles: Intellectual Property, Data, Software and Human Capital Technological transformation is also changing what companies buy and sell. Moderated by Selena Lu, Partner at Lavery, the panel brought together Steven Wang, Heather Buchta and Raimondo Premonte, providing perspectives from Australia, the United States and Europe, respectively. The discussion highlighted the growing importance of intellectual property, data, algorithms, software, brands, know-how and human capital in determining enterprise value. In some transactions, these assets no longer simply support the value of the business: they are the business itself. This shift is necessarily transforming how buyers assess targets and conduct due diligence. Questions no longer focus solely on historical liabilities, but increasingly on a company’s ability to protect its data and intellectual property, the robustness of its AI governance, its technology dependencies, its cybersecurity posture and its ability to retain the people who hold its critical know-how. This new reality is also reshaping negotiations and the allocation of risk. When a significant portion of a target’s value depends on data, algorithms or digital infrastructure, representations and warranties, indemnities and post-closing obligations must evolve accordingly. Supply Chains, Geopolitics and Resilience: Turning Uncertainty into a Business Capability The closing discussion on supply chain security brought together several of the themes that had emerged throughout the Annual Meeting. Moderated by Anik Trudel, CEO of Lavery, the panel brought together former Canadian Ambassador to China Guy Saint-Jacques; Pierre Gabriel Côté, former Québec Delegate General in London and former President and CEO of Investissement Québec; and Guillaum W. Dubreuil, Director, Government and External Affairs at CSL Group. Together, they examined a business environment in which supply chains themselves are becoming instruments of economic and geopolitical power. Trade wars, industrial policies, rapid regulatory changes, aging infrastructure, climate events and emerging economic alliances are making investment decisions increasingly difficult. Yet standing still is not an option. As the discussion highlighted, organizations will need to develop contingency plans, diversify certain dependencies and improve their ability to rapidly interpret political and regulatory developments. This reality is also transforming the role of legal advisors. Understanding the applicable law remains fundamental, but it is no longer enough. Organizations increasingly expect advisors to understand their business models, anticipate risks and help them make decisions in situations where there may not always be a clear or certain answer. An International Conversation That Will Continue: Global Perspectives and Business Resilience Beyond the diversity of the topics discussed, the WSG Annual Meeting highlighted a common reality: the traditional boundaries between legal, business, technological and geopolitical risk are becoming increasingly difficult to draw. By welcoming legal professionals from around the world and distinguished guest panelists to Montréal, Lavery sought to create a forum where these different perspectives could come together. In a more fragmented world, the quality of legal advice will increasingly depend on the ability to look beyond one’s own jurisdiction, understand the forces reshaping markets and bring together the right perspectives to help organizations move forward despite uncertainty.

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  2. Eight partners recognized as leaders in Canada for their expertise in infrastructure, according to Lexpert

    On May 6, 2026, Lexpert recognized the expertise of five of our partners in its 2026 Lexpert Special Edition:Infrastructure. Laurence Bich-Carrière, Jean-Sébastien Desroches, Christian Dumoulin, Nicolas Gagnon, Édith Jacques, Marc-André Landry, Ouassim Tadlaoui and André Vautour now rank among Canada’s leaders in supporting economic players in the infrastructure industry. Laurence Bich-Carrière, is a member of the Quebec and Ontario Bar Associations, Laurence Bich-Carrière practices within the Litigation and Dispute Resolution group, in a versatile civil and commercial litigation practice specializing in complex litigation (class actions, appeals, extraordinary remedies, private international law). Jean-Sébastien Desroches practises business law and focuses primarily on mergers and acquisitions, infrastructure, renewable energy and project development as well as strategic partnerships. He has had the opportunity to steer several major transactions—complex legal operations, cross-border transactions, reorganizations, and investments—in Canada and at an international level on behalf of Canadian, American, and European clients and international corporations and institutional clients in the manufacturing, transportation, pharmaceutical, financial, and renewable energy sectors. Christian Dumoulin is a partner in the firm’s Business Law Group. He served as Managing Partner of the Sherbrooke office from 2015 to 2023 and sat on the firm’s Board of Directors from 2015 to 2017, and again in 2024. He specializes in mergers and acquisitions, commercial law and real estate law, and acts as a business and strategic advisor to clients of all sizes. Recognized for his rigour and practical approach, he supports clients in complex transactions (reorganizations, financings, sales and acquisitions, shareholder disputes). He has also been advising on infrastructure projects for more than fifteen years, including public-private partnerships, as well as on all aspects of commercial real estate law. Nicolas Gagnon focuses his practice on construction law and suretyship. He counsels contractors, public and private sector clients, professional services firms as well as surety companies at every stage of construction projects. He advises clients on the public bidding and procurement processes and participates in the negotiation and drafting of contractual documents involving various project delivery methods, such as public-private partnership projects and design, construction, financing and maintenance contracts. In addition to advising various construction industry stakeholders on construction management and any claims that may arise, he also assists them with dispute resolution processes. Édith Jacques is a partner in the Business Law Group in Montréal. She specializes in mergers and acquisitions and commercial and international law. Édith acts as strategic business advisor for medium to large private companies. Marc-André Landry is a member of the Litigation and Conflict Resolution group and focuses his practice on commercial litigation. He frequently assists his clients in resolving their disputes through negotiation, mediation or arbitration, or before the various courts of law. Over the years, he has represented businesses in many sectors, including construction, real estate, renewable energy, conventional energy, new technologies, financial services and pharmaceuticals. Ouassim Tadlaoui is a partner in the firm’s Litigation and Dispute Resolution Group and focuses his practice on banking litigation, restructuring, bankruptcy and insolvency, as well as construction surety. He represents chartered banks and other financial institutions and alternative lenders as creditors, as well as certain debtors, in bankruptcy and restructuring proceedings. He also represents and advises surety companies, as well as national and international businesses, in insolvency, bankruptcy and restructuring matters in the construction industry. André Vautour practises corporate law and commercial law, and is specifically interested in corporate governance, strategic alliances, joint ventures, investment funds, and mergers and acquisitions of private companies. He also practises technology law (drafting technology development and transfer agreements, licensing agreements, distribution agreements, outsourcing agreements, and e-commerce agreements). About Lavery Lavery is the leading independent law firm in Quebec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Quebec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm’s expertise is frequently sought after by numerous national and international partners to provide support in cases under Quebec jurisdiction.

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  3. Beyond Code: Powering AI; Canada’s Moment?

    The rise of artificial intelligence (AI) is no longer just about algorithms, data, and software. Once confined to the minds of computer scientists, AI now depends on massive physical infrastructure: expanded electricity generation, resilient transmission and distribution grids, and high-performance data centres, supported by advanced semiconductors, critical minerals, and complex global supply chains. As AI penetrates every sector, from defense1 to finance2, it is driving surging demand for reliable, affordable, low-carbon power; leading-edge hardware manufacturing; and the construction and modernization of digital infrastructure. This shift creates material challenges as well as opportunities, particularly for resource-rich countries such as Canada. This article first outlines AI’s infrastructure requirements and then examines how Canada could position itself as a key player by leveraging its energy and critical-mineral endowments, while identifying critical blind spots in current strategy. Infrastructures Required for AI The Need for Stable Energy The electricity demand driven by the expansion of data centres and AI applications is surging. The International Energy Agency (IEA) estimates that data centres consumed approximately 415 terawatt-hours (TWh) in 2024, roughly 1.5% of global electricity consumption. This figure could more than double by 20303, to roughly 945 TWh, with AI a primary growth driver. In some economies, data centres could represent more than 20% of electricity demand growth by 2030, while in the United States, demand could grow more than thirtyfold by 2035, to 123 gigawatts, from 4 gigawatts in 20244. Meeting this rising demand requires new generation capacity. Building renewable, nuclear, or gas-fired plants poses significant regulatory, environmental, and logistical challenges. Renewables face land-use constraints, and wind and solar intermittency is at odds with AI’s round-the-clock power requirements. Nuclear entails high upfront costs, licensing and safety requirements, and long lead times. Several recent data centre and AI infrastructure projects, including those led by xAI5, Oracle6, and Meta7 have turned to natural gas generation, citing its speed of deployment and ability to bypass grid interconnection delays. The IEA emphasizes that accelerating deployment of clean generation is essential to meet AI-driven demand and climate commitments. In practice, countries must balance the urgency of capacity expansion with decarbonization targets, an increasingly complex policy challenge. The stability and scalability of AI infrastructure also depend on grid modernization and the strategic siting of data centres. The IEA emphasizes that “a sole focus on increasing electricity generation won’t be enough […] countries must also think about their infrastructure.” Deloitte similarly notes that “the AI ambitions of the [U.S.] government and industry come up against the grid’s capacity to power or even interconnect data centers, as there is currently a seven-year wait for some requests to connect to the grid.” Material Needs for AI Infrastructure Beyond energy, AI relies on a wide range of materials: to build data centres (concrete, steel, copper, cooling systems) and to equip them (semiconductors and specialized chips, cabling, rare earths, and high-purity metals). The IEA warns that AI-driven growth will add pressure to critical-mineral supply chains—especially for copper and aluminium8, but also nickel, gallium, and silicon. This pressure is not unique to AI: the global shift to electrification already fuels intense competition for the same scarce resources. The IEA’s Global Critical Minerals Outlook 20259 projects that demand for copper, lithium, and nickel could double or even triple by 2030, while supply remains concentrated in a few regions and vulnerable to geopolitical shocks. In short, AI rests on heavy physical infrastructure underpinned by a finite, geopolitically sensitive mineral base. The growing overlap between AI and the broader energy transition underscores a key point: the sustainability and scalability of AI hinge as much on resource management and industrial policy as on innovation. Canada as a Potential Key Player Energy: Nuclear Development and Hydro-Québec’s Ambitions Canada is a major energy producer, generating approximately 639 TWh of electricity in 2022, roughly 70% from renewables10. This baseline gives Canada a comparative advantage in powering energy-intensive digital infrastructure, such as AI data centres. Building on this foundation, Canada is expanding its nuclear capacity. In 2023, Ontario Power Generation announced plans to build up to four small modular reactors (SMRs) at its Darlington site, together totalling about 1,200 megawatts (MW) of clean electricity11. These developments form part of a national effort to deploy next-generation nuclear technology12 that will provide stable, low-carbon baseload power to support industrial electrification and the growth of AI infrastructure. Meanwhile, in Québec, Hydro-Québec is investing heavily to modernize and expand renewable capacity. Its Action Plan 2035 outlines $90–110 billion to add 8,000–9,000 MW of new capacity by 2035, primarily through hydro and wind. The plan also calls for approximately 5,000 km of high-voltage transmission lines to connect new generation and improve reliability across the province13. Canada’s cold climate offers an operational advantage: data centres can significantly reduce cooling costs by using free-cooling techniques. For example, a Winnipeg data centre leverages ambient winter air to reduce energy use and costs14. This cold climate, together with hydroelectric and nuclear capacity and Canada’s endowment of critical minerals required to build AI infrastructure, gives Canada strong prospects for AI-related investment. The Blind Spots in Canada’s Strategy Canada was the first G7 country to launch a national AI strategy in 2017: the Pan-Canadian Artificial Intelligence Strategy. The strategy aims to position Canada as a global AI leader by fostering research excellence, developing talent, and promoting commercialization. However, it focuses heavily on intellectual leadership and policy principles, with limited measures to address the physical requirements of large-scale AI deployment, including data centre capacity, digital infrastructure, and energy integration15. Building on this framework, the federal government announced the AI Strategy Task Force on September 26, 202516. The initiative will address safe AI, public trust, and infrastructure. The task force, comprising experts from academia, industry, and civil society, will provide recommendations. Nonetheless, details on specific measures remain limited. A major structural challenge is weak coordination among federal, provincial, and local authorities, as well as with Indigenous and community stakeholders17. While the federal government sets broad ambitions for AI, the energy transition, and digital sovereignty, implementation depends on provincial jurisdiction over energy, land use, and industrial planning. This fragmented governance results in inconsistent priorities and delays. The Wonder Valley data centre in northern Alberta, announced as a US$70 billion initiative to build one of the world’s largest AI computing hubs, illustrates these tensions18. Despite support from the provincial government, the project faced strong opposition from the Sturgeon Lake Cree Nation, citing inadequate early consultation and environmental and treaty-rights concerns. The controversy reflects a broader issue of social acceptability, a recurring barrier to large-scale industrial and digital infrastructure projects across Canada. Overlapping regulations and permitting delays significantly hamper Canada’s ability to develop large-scale infrastructure. The Business Council of Canada describes the permitting system for major projects as “overly complex, time-consuming and a major impediment to attracting investment,” 19 noting that projects may face decades of approvals before construction begins. This maze of federal-provincial rules introduces uncertainty and cost escalation, especially problematic for high-capital, rapidly evolving sectors such as AI infrastructure. In Québec, two strategic challenges stand out. First, the province has long reserved large blocks of electricity capacity for traditional energy-intensive industries, especially metallurgical and mining operations, while deprioritizing data centres. Hydro-Québec explicitly stated in 2022 that it “is in no way working to attract data centers,” reflecting hesitancy to dedicate scarce energy resources to sectors perceived as offering limited employment or local value creation. This cautious approach has left numerous projects, including major initiatives by Google in Beauharnois, waiting years for approval or grid connection. The provincial stance prioritizes long-term industrial diversification and resource-based manufacturing over rapid digital infrastructure expansion20. Second, Québec’s Action Plan 2035 emphasizes wind and solar as complements to hydroelectricity, but their intermittency challenges the continuous power required by AI data centres. While this policy aligns with decarbonization goals, it may make Québec less attractive to hyperscale data centre operators, many of whom now favour regions with stable nuclear or natural gas baseload generation, such as Ontario or certain U.S. states. Taken together, these challenges reveal a structural gap between Canada’s ambition to lead in AI and its capacity to provide the physical and regulatory foundations needed to sustain it. A recent partnership between the U.S. government, Westinghouse Electric Company, Brookfield Asset Management, and Cameco Corporation to deploy at least US$80 billion in new nuclear capacity—explicitly linked to AI data centres and compute—shows the global race to build AI’s physical backbone is already underway21. Conclusion The emergence of artificial intelligence marks a profound transformation in the global economy, one that is as material and infrastructural as it is digital and cognitive. Data centers, energy systems, and supply chains for critical minerals have become the true arteries of the AI age. As such, the countries that succeed in this new era will not be those that simply pioneer algorithms, but those that can secure, scale, and sustain the physical foundations of intelligence itself. For Canada, the path forward hinges on bridging the gap between its research excellence and its industrial capabilities. With abundant clean energy, critical minerals, and a strong technological ecosystem, Canada holds the ingredients to become a champion of sustainable AI infrastructure. Yet, without a coherent, long-term coordination between federal and provincial levels and a streamlined regulatory environment, it risks remaining on the periphery of the next technological revolution. Original article: https://emagazine.renewcanada.net/?pid=ODk8923274&v=3.10&p=31 Ministère des Armées et des Anciens combattants (2025). Comprendre l’IA de défense. https://www.defense.gouv.fr/actualites/comprendre-lia-defense KPMG (2025). L’IA dans la fonction finance. International Energy Agency (2025). Energy and AI. https://iea.blob.core.windows.net/assets/601eaec9-ba91-4623-819b-4ded331ec9e8/EnergyandAI.pdf Deloitte (2025). Can US infrastructure keep up with the AI economy?. https://www.deloitte.com/us/en/insights/industry/power-and-utilities/data-center-infrastructure-artificial-intelligence.html Data Centers Going Off-Grid With Natural Gas to ‘Find Any Way to Get Power’ https://www.naturalgasintel.com/news/data-centers-going-off-grid-with-natural-gas-to-find-any-way-to-get-power/ 'Go Where The Gas Is': Data Centers Follow Fracking In Search For Power https://www.bisnow.com/national/news/data-center-power/go-where-the-gas-is-data-centers-follow-the-fracking-in-search-for-power-131552 Ibid. See 3 International Energy Agency (2025). Global Critical Minerals Outlook 2025. https://iea.blob.core.windows.net/assets/ef5e9b70-3374-4caa-ba9d-19c72253bfc4/GlobalCriticalMineralsOutlook2025.pdf Government of Canada (2025). Energy Fact Book, 2024-2025: Clean power and low carbon fuels. https://energy-information.canada.ca/en/energy-facts/clean-power-low-carbon-fuels Government of Ontario (2023). Ontario Building More Small Modular Reactors to Power Province’s Growth. https://news.ontario.ca/en/release/1003248/ontario-building-more-small-modular-reactors-to-power-provinces-growth Governement of Canada (2024). Canada’s Small Modular Reactor Action Plan. https://natural-resources.canada.ca/energy-sources/nuclear-energy-uranium/canada-s-small-modular-reactor-action-plan Government of Québec (2023). Vers un Québec décarboné et prospère, Plan d’action 2025. https://www.hydroquebec.com/data/a-propos/pdf/plan-action-2035.pdf Economic Development Winnipeg. (n.d). Winnipeg’s cold climate means big savings for MTS Data Centres’ clients. https://www.winnipegedt.com/newsroom/read,post/596/winnipeg-s-cold-climate-means-big-savings-for-mts-data-centres-clients?dismiss=day Government of Canada (2025). Pan-Canadian Artificial Intelligence Strategy. https://ised-isde.canada.ca/site/ai-strategy/en Government of Canada (2025). Government of Canada launches AI Strategy Task Force and public engagement on the development of the next AI strategy. https://www.canada.ca/en/innovation-science-economic-development/news/2025/09/government-of-canada-launches-ai-strategy-task-force-and-public-engagement-on-the-development-of-the-next-ai-strategy.html The Dais (2024). From Potential to Performance: Roundtable Report on Canada’s Investment in AI Compute Infrastructure. https://dais.ca/wp-content/uploads/2024/10/AI-Roundtable-Summary-Report_V4.pdf E. Rubayita (2025). Alberta First Nation voices 'grave concern' over Kevin O'Leary's proposed $70B AI data centre. CBC. https://www.cbc.ca/news/canada/edmonton/alberta-first-nation-voices-grave-concern-over-kevin-o-leary-s-proposed-70b-ai-data-centre-1.7431550 Business Council of Canada (2025). Stifled by red tape. https://www.thebusinesscouncil.ca/report/stifled-by-red-tape/ L. Arbour and S. Mayer (2025). Les centres de données au Québec. Bibliothèque de l’Assemblée Nationale. https://premierelecture.bibliotheque.assnat.qc.ca/2025/02/10/les-centres-de-donnees-au-quebec/ Brookfield (2025). United States Government, Brookfield and Cameco Announce Transformational Partnership to Deliver Long-term Value Using Westinghouse Nuclear Reactor Technology. https://bam.brookfield.com/press-releases/united-states-government-brookfield-and-cameco-announce-transformational-partnership

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