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Data Centres and Digital Infrastructure

 

Legal advice for the next generation of infrastructure

Data centres are becoming one of Alberta's most significant infrastructure opportunities. Driven by artificial intelligence, cloud computing and the growing demand for digital services, these projects require legal advice that brings together energy, real estate, construction, financing, technology and regulation.

While the technology is new, the legal issues behind it are not.

Every data centre depends on securing land, accessing reliable power, obtaining approvals, managing construction, raising capital and negotiating commercial agreements. These are the same challenges that have shaped Alberta's largest infrastructure projects for decades.

For more than 100 years, BD&P has helped clients develop, finance, build and operate major projects across Alberta. Today, we are applying that experience to one of the province's fastest-growing sectors.

Whether you're developing a new facility, investing in digital infrastructure or supporting the technology that powers it, we provide practical, business-focused legal advice at every stage of the project.

Why BD&P

Data centres don't fit neatly into a single area of law.

Success depends on bringing together legal advice across real estate, power, construction, financing, technology, regulatory matters and dispute resolution. Just as importantly, it requires lawyers who understand how major projects come together.

For decades, BD&P has advised on many of Alberta's largest energy, infrastructure and industrial developments. We understand how projects move from planning to operation, where risks emerge and how to solve problems before they become delays.

Data centres represent the next generation of infrastructure. We bring the experience of delivering major infrastructure projects to one of Canada's fastest-growing industries.

Why Alberta?

Alberta is emerging as one of Canada's most attractive locations for data centre and AI infrastructure investment.

The province offers:

  • Competitive and diverse energy options
  • A deregulated electricity market
  • Available industrial land
  • Experienced project developers and contractors
  • A strong track record delivering large infrastructure projects
  • A growing technology and AI ecosystem

Building a successful data centre requires more than finding the right site. Power, land, construction, financing, approvals and commercial agreements all need to come together. Our lawyers understand how these issues connect and work together to help clients keep projects moving.

Supporting Every Stage of a Data Centre Project

Every data centre project is different, but most involve the same core legal issues: land, power, construction, financing, technology and regulation. We bring together lawyers from across the firm to provide coordinated advice from planning through long-term operations.

Site Selection & Real Estate

The right site is about more than location. Power access, servicing, zoning and room for future expansion can all determine whether a project succeeds.

We assist with:

  • Land acquisition and sales
  • Development agreements
  • Leasing and ownership structures
  • Easements and rights-of-way
  • Municipal planning and zoning
  • Site servicing
  • Real estate due diligence

Power & Energy

Reliable power is often the defining issue for a data centre project.

Our energy lawyers have spent decades advising generators, utilities, developers and major industrial users in Alberta's electricity market. That experience helps clients secure practical power solutions while managing commercial and regulatory risk.

We assist with:

  • Utility service agreements
  • Power supply arrangements
  • Power purchase agreements (PPAs)
  • Renewable energy procurement
  • On-site generation
  • Transmission and distribution matters
  • Energy infrastructure agreements

Project Development & Construction

Building a data centre requires careful planning, clear contracts and effective risk management.

BD&P has spent decades helping clients deliver Alberta's largest industrial and infrastructure projects. We bring that experience to the construction and procurement challenges unique to data centre development.

We assist with:

  • Project development structures
  • EPC and design-build agreements
  • Construction contracts
  • Consultant, contractor and supplier agreements
  • Procurement strategies
  • Delay and cost claims
  • Construction disputes

Financing & Commercial Agreements

Data centres require significant investment and well-structured commercial relationships.

We assist clients with:

  • Project financing
  • Secured lending
  • Joint ventures
  • Strategic partnerships
  • Private equity and infrastructure investment
  • Mergers and acquisitions
  • Commercial agreements
  • Leasing and licensing

Regulatory, Environmental & Indigenous-Related Legal Issues

Approvals and regulatory requirements can have a significant impact on project timelines.

Our team helps clients identify issues early, navigate approval processes and manage project risk.

We assist with:

  • Regulatory approvals
  • Environmental matters
  • Indigenous-related legal issues
  • Municipal and provincial requirements
  • Permitting
  • Administrative law

Technology & Data

Data centres support AI, cloud computing and critical business operations.

We help clients manage the legal issues that come with technology infrastructure, including:

  • Technology agreements
  • AI and cloud services agreements
  • Software and equipment licensing
  • Data governance
  • Privacy
  • Cybersecurity
  • Intellectual property 

Who We Help

We work with participants across the data centre industry, including:

  • Data centre developers
  • Technology and AI companies
  • Cloud service providers
  • Utilities and independent power producers
  • Landowners and real estate developers
  • Engineering and construction firms
  • Financial institutions
  • Private equity and infrastructure investors
  • Equipment suppliers
  • Data centre operators and enterprise users

Frequently Asked Questions

Why are companies building data centres in Alberta?

Alberta offers competitive energy options, available industrial land, an experienced project development market and a business-friendly environment. As demand for AI and cloud computing grows, the province is becoming an increasingly attractive location for digital infrastructure investment.

What legal issues are involved in a data centre project?

Most projects involve land acquisition, power supply, construction, financing, regulatory approvals, technology agreements, privacy, cybersecurity and commercial contracts. Because these issues are closely connected, clients benefit from legal advice that brings multiple disciplines together.

Why choose BD&P for a data centre project?

Unlike many firms entering this market, BD&P has decades of experience advising on the energy, infrastructure, construction and financing issues that underpin every data centre project. We combine that experience with technology, regulatory and commercial advice to help clients move projects from planning through long-term operation.

Did you know?

Artificial intelligence is expected to drive unprecedented demand for digital infrastructure, making data centres one of the fastest-growing sources of electricity demand in North America. As Alberta's energy and technology sectors continue to converge, data centres are becoming one of the province's most significant infrastructure opportunities.