Skip to main content

Data Centres and Digital Infrastructure


Your trusted legal counsel for data centre and digital infrastructure projects in Canada.
Data centre and digital infrastructure projects require coordination across land, power, connectivity, financing, technology and regulation. Fasken provides integrated legal counsel to developers, investors, operators and enterprise users, helping clients advance projects across Canada with clarity and confidence.
Subscribe Fasken
Share
  • LinkedIn

Overview

Demand for data centre capacity in Canada is growing rapidly, driven by AI, cloud computing and digital transformation across the economy. Canada offers strong potential for development and investment, supported by demand for AI-ready infrastructure, a low-carbon energy mix and favourable conditions for large-scale projects. At the same time, market participants must navigate competition for land and power, grid capacity constraints, development approvals, permitting timelines, government requirements, municipal planning controls and differing provincial regimes for energy, land use and regulation.

Our multidisciplinary team brings together real estate, infrastructure, energy, financing, corporate, technology, privacy and regulatory experience to support clients across the data centre and digital infrastructure ecosystem, including developers, operators, investors, lenders, technology and cloud providers, telecommunications providers, enterprise users, utilities, energy providers, strategic partners, government and public sector organizations. We advise on projects from site acquisition and development through financing, operations, commercial arrangements and strategic transactions.

How We Help

Real Estate, Land Use and Development

We advise on site acquisition, development, construction, leasing, financing and dispositions, including deal structuring, due diligence, zoning, permitting, land use planning and approvals across Canadian jurisdictions.

Infrastructure and Government Policy

We help clients manage permitting, approvals, infrastructure requirements, procurement, government contracting, trade considerations, policy developments and regulatory proceedings affecting digital infrastructure projects.

Energy and Power Procurement

We advise on utility arrangements, transmission, interconnection, power purchase agreements, renewable integration and other procurement strategies that support capacity, sustainability and long-term viability.

Financing and Investment

We act for developers, investors and lenders on equity investments, joint ventures, reorganizations, project financings, strategic transactions and tax considerations.

Transactions and Commercial Arrangements

We advise on acquisitions, divestitures, investments, joint ventures, partnerships and operational agreements, including colocation, hosting, outsourcing, telecommunications, interconnection and service arrangements.

Technology, Privacy and Data Governance

We help clients address privacy, cybersecurity, AI governance, technology contracting, data residency, cross-border transfers, incident response and sector-specific regulatory compliance.

Types of Data Centre Matters We Handle

Our experience spans the full lifecycle of data centre and digital infrastructure projects. We regularly advise on:

  • Site acquisition and ownership structuring
  • Land use, zoning, permitting and regulatory matters
  • Energy and power arrangements
  • Development and construction
  • Financing, investment and tax implications
  • M&A and strategic transactions
  • Commercial contracting
  • Technology and IT arrangements
  • Privacy, cybersecurity and data governance
  • Telecommunications and interconnection arrangements
  • Public procurement, government relations and contracting
  • Security clearance and personnel screening requirements

 Frequently Asked Questions

1. What factors determine where a data centre should be located?

Site selection involves balancing access to scalable power, zoning and land use constraints, fibre connectivity and infrastructure readiness. In Canada, regional differences in energy policy, permitting timelines and grid capacity can significantly affect feasibility, timing and scalability.

2. How does power availability impact data centre projects?

Power availability can determine site viability, timelines, operating costs and long-term scalability, particularly for high-density and AI-enabled facilities. Utility access, transmission, interconnection and procurement strategies should be assessed early.

3. What are the key regulatory and approval considerations to developing a data centre in Canada?

Key considerations include municipal zoning and land use approvals, environmental and infrastructure permits, and energy-related approvals for grid connection and supply. Requirements and timelines vary by jurisdiction and often run alongside financing and construction.

Team

Primary Contacts
  • Neil M. Smiley, Partner | Real Estate, Toronto, ON, +1 416 865 5122, [email protected]
  • Sarah Batut, Partner | Real Estate Law, Vancouver, BC, +1 604 631 4954, [email protected]
  • Jacques Marais, Partner | Corporate/Commercial, Johannesburg, +27 11 586 6026, [email protected]
  • Ella Plotkin, Partner | Leader, Global Infrastructure & Projects, Toronto, ON, +1 416 865 4489, [email protected]
  • Jean-Philippe Mikus, Partner | Trademark Agent | Intellectual Property, Montréal, QC, +1 514 397 5176, [email protected]
  • Carl Tremblay, Partner | Mergers & Acquisitions, Québec, QC, +1 418 640 2055, [email protected]
  • Martin Racicot, Partner | Banking & Finance, Montréal, QC, +1 514 397 5128, [email protected]
  • Andrew S. Nunes, Partner | CO-LEADER, TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS, Toronto, ON, +1 416 865 4510, [email protected]
  • Daniel Fabiano, Partner | Corporate/Commercial, Toronto, ON, +1 416 868 3364, [email protected]
Neil Smiley Toronto Lawyer Neil M. Smiley Partner | Real Estate Toronto, ON +1 416 865 5122
Sarah Batut, Partner | Real Estate Law Sarah Batut Partner | Real Estate Law Vancouver, BC +1 604 631 4954
Jacques Marais, Partner | Corporate/Commercial Jacques Marais Partner | Corporate/Commercial Johannesburg +27 11 586 6026
Ella Plotkin Toronto Lawyer Ella Plotkin Partner | Leader, Global Infrastructure & Projects Toronto, ON +1 416 865 4489
Jean-Philippe Mikus Intellectual Property Lawyer in Montréal Jean-Philippe Mikus Partner | Trademark Agent | Intellectual Property Montréal, QC +1 514 397 5176
Carl Tremblay Associé directeur/Managing partner Québec Carl Tremblay Partner | Mergers & Acquisitions Québec, QC +1 418 640 2055
Martin Racicot, Partner | Banking & Finance Martin Racicot Partner | Banking & Finance Montréal, QC +1 514 397 5128
Andrew Nunes Toronto Lawyer Andrew S. Nunes Partner | CO-LEADER, TECHNOLOGY, MEDIA AND TELECOMMUNICATIONS Toronto, ON +1 416 865 4510
Daniel Fabiano Toronto Lawyer Daniel Fabiano Partner | Corporate/Commercial Toronto, ON +1 416 868 3364

Experience

  • Novacap and H5 Data Centers form HyscaleIX Data Centers and acquire a strategic portfolio of carrier hotels, [Deal - 365 Data Centers, H5 Data Centers], Formation of HyscaleIX Data Centers and related carrier hotels acquisition.
  • Choice Properties REIT completes sale of a data centre in Brampton, Ontario for net proceeds of C$74.2 million, [Deal - Choice Properties REIT], Leading real estate investment trust (REIT) completes sale of Brampton, Ontario data centre
  • QScale closes a C$172 million financing round by Capital Régional et Coopératif Desjardins, Investissement Québec and a group of private investors to finance the construction of a high-density data processing centre in Lévis, [Deal - Qscale], QScale will make Québec one of the most innovative nations in the world in matters of data processing.
  • A global leader in cryptocurrency mining, Argo Blockchain acquires two data centres in Quebec, Canada, [Deal - Argo Blockchain], London-based cryptocurrency mining company acquires two data centres in Quebec, Canada.
  • eStruxture finalizes the acquisition of the Canadian data center business from Aptum Technologies and enters into a credit facility with Deutsche Bank Credit Solutions and Direct Lending, [Deal - eStruxture Data Centers Inc.], Digital Colony sells Aptum Technologies’ all eight Canadian data centers to eStruxture.
  • Vantage Data Centers acquires Canada-based 4Degrees Colocation, [Deal - Québecor Média inc.], Videotron Ltd., a wholly owned subsidiary of Québecor Média Inc., announced the sale of all of the operations of 4Degrees Colocation's data centres to Vantage Data Centers, a leading provider of data centers in support of business and mission-critical applications. The financial compensation unde...
  • Advised on sale of COLO-D to Cologix, [Deal - COLO-D], On December 20, 2018, COLO-D, the largest hyperscale data center provider in Montréal, announced its sale to Cologix, a provider of network solutions, interconnections and network-neutral cloud-based data centers. This sale integrates COLO-D's hyperscale Montréal campuses into Cologix's substanti...
  • GI Partners acquires industry leading data centre from Ericsson ICT, [Deal - GI Partners], Fasken acted for GI Partners in its acquisition of the Ericsson ICT Global Data Centre facility, a 215,000 square-foot cutting edge data centre located in Vaudreuil-Dorion, Quebec. Fasken handled all aspects of the acquisition including the negotiation of the purchase and sale agreement, mortgage...
  • The Bitfury Group partners with Hut 8 to establish North America's largest bitcoin datacenters, [Deal - Bitfury Group Limited], Fasken advised the Bitfury Group (Bitfury) in its partnership with Hut 8 Mining Corp. (Hut 8) to acquire, install, maintain and operate North America’s largest bitcoin mining datacenters.   Bitfury, the world’s leading full-service blockchain technology company and one of the largest private in...

Knowledge

  • Data Centres and Artificial Intelligence: A Growing Opportunity for Canadian Nuclear Power?, 10/28/2025
  • Alberta's Data Centre Boom: Powering the Digital Frontier, 4/29/2025
  • Navigating 2025: Key Trends Shaping the Technology Sector, 3/10/2025

    Subscribe

    Receive email updates from our team about Technology, Media and Telecommunications