CPPIB, AustralianSuper, UniSuper Invest in US Toll Road

The pension heads in Canada and Australia believe the infrastructure assets will guard against inflation.

The Canada Pension Plan Investment Board (CPPIB), AustralianSuper, and UniSuper are taking 50% ownership of a US toll road, as fund leaders signal they will push deeper into infrastructure as a guard against inflation. 

The Canadian pension fund will make a $624 million initial investment for a 15% stake in the Transurban Chesapeake toll road in the greater Washington, D.C., area, the fund said Wednesday. Over the next five years, potential payments could amount to $21 million. 

The trio of allocators are hoping for stable cash flows from Transurban Chesapeake, which consists of Interstates 495, 95, and 395 Express Lanes. As part of the deal, the three investors will also have exclusive rights to invest into future Transurban developments in Virginia, Maryland, and Washington, D.C.

“Transurban Chesapeake’s Express Lanes provide vital congestion relief in one of the busiest regions in the U.S. and are a good fit with our global infrastructure portfolio,” CPP Investments Managing Director and Head of Infrastructure Scott Lawrence said in a statement. 

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CPPIB, which has US$358.8 billion in assets, has several sizable stakes in Toronto toll roads, and the fund made its first investment into an Indonesian toll road last year. In the past, it has also partnered with Transurban on investments, notably on projects in Sydney, Australia

However, the most recent investment comes as CPPIB CEO Mark Machin has signaled in multiple news interviews this week that interest in real assets and other infrastructure investments will rise, as inflation is also expected to swing upward. 

In an interview with the Financial Post this week, he said a “wall of money” in savings accounts will head toward real assets because of historically low interest rates. He encouraged public leaders to consider privatizing infrastructure assets, including toll roads. 

“I really encourage governments around the world that have got massive deficits to really consider at this point privatizing, you know, selling operating brownfield infrastructure assets, if they can, because they’re going to get extraordinary prices for it, given the wall of money that’s interested in it, and it will help (bring down) deficits,” he told the Financial Post.

The Transurban transaction is expected to close in the first half of 2021, pending approval. 

Separately, on Wednesday, the Canadian pension plan said it has also acquired the Trafford Centre, a shopping mall in Manchester, U.K.

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DOL Finalizes Fiduciary Exemption Consistent with Best Interest Standard

Investment professionals can collect payment for a wider range of transactions, so long as they satisfy the reinstated ‘five-part test’ for fiduciaries.


The US Department of Labor (DOL) on Tuesday finalized a fiduciary exemption under the best interest standard, allowing investment advisers to collect payment for a wider range of advice.

The exemption is part of broader regulation for retirement plans under the Employee Retirement Income Security Act (ERISA) that also reinstates the “five-part test” to determine fiduciary status, in line with the best interest standard—called Regulation Best Interest (Reg BI)—put forth by the Securities and Exchange Commission (SEC), according to the DOL. The regulation is called the “Improving Investment Advice for Workers & Retirees Exemption.” 

“Under the exemption, investment professionals must plainly tell retirement investors that they are acting as fiduciaries and they must act in the retirement investors’ best interest,” acting Assistant Secretary of Labor for the Employee Benefits Security Administration (EBSA) Jeanne Klinefelter Wilson said in a statement. 

The regulation from the DOL is the latest in a yearslong struggle to update the fiduciary standard, which under the Obama administration required all investment professionals to act in their clients’ best interest, but was promptly vacated in 2018 under the Trump administration as an overreach of executive authority.

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“Our efforts complete the task of replacing a flawed, standalone rule promulgated by the Obama Labor Department,” read a Tuesday opinion piece in the Wall Street Journal from Labor Secretary Eugene Scalia and SEC Chairman Jay Clayton.

“That 2016 rule sought to impose a one-size-fits-all approach that would have made it more difficult both for financial professionals to provide meaningful advice and for investors to find the combination of products and services that worked best for them,” they continued. 

The final fiduciary rule has landed somewhere in between the Obama-era rule and what came before, and it could satisfy those who have tired of the constant tug of war over the standard, experts say. But where the fiduciary rule will go after Inauguration Day, and what happens to it then will depend on whoever is selected as the next DOL secretary. 

Under Tuesday’s final exemption, investment professionals can collect fees on previously prohibited transactions, such as rollovers into employee benefit plans and individual retirement accounts (IRAs), so long as they satisfy the five-part investment test. Professionals have to adhere to impartial conduct standards, act in their clients’ best interest, receive reasonable compensation, and make no misleading statements. 

The exemption applies broadly to registered investment advisers (RIAs), as well as to broker/dealers (B/Ds), banks, insurance companies, and other individual investment advisers. 

The exemption will be effective 60 days after it’s been published in the Federal Register.

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