Manitoba Proposes to Ban Personalized Pricing Under Bill 49

On March 12, 2026, Bill 49, The Business Practices Amendment Act, was introduced by the Government of Manitoba. The Bill targets the growing use of personalized algorithmic pricing and has now received first reading. If passed, the Bill would make Manitoba the first Canadian province to legislate on the use of personalized algorithmic pricing.

Personalized algorithmic pricing (also known as “dynamic pricing”) involves using algorithms to adjust prices based on consumer-specific data or market conditions. Companies may tailor prices using information such as a consumer’s location, browsing history or past purchases. While personalized pricing is not a new strategy, as artificial intelligence continues to evolve, critics warn that some systems can infer deeper insights, including purchasing intent or socioeconomic status, and use them to set higher individualized prices.

The Bill defines “personalized algorithmic pricing” broadly to include any pricing that is set, recommended or varied using automated processes based on consumer data, whether or not such data is collected with the individual’s knowledge or consent (as may be required to comply with applicable Canadian privacy laws). This includes data related to an individual’s identity, behaviours and inferred characteristics, such as willingness to complete a transaction, as well as sensitive information, such as socioeconomic status and medical or health history.

Under the proposed amendments to The Business Practices Act, such pricing practices would be deemed unfair business practices. Specifically, the Bill provides that an unfair business practice would include:

• In a physical retail context, where pricing is displayed using an electronic shelf labelling system, charging individual consumers a higher price due to personalized algorithmic pricing
• In an online context, increasing the price of goods for individual consumers through personalized algorithmic pricing

An “electronic shelf labelling system” refers to digital systems used to display the price of goods at or adjacent to where the good is offered, which can remotely update prices. “Online retailers” and “online distributors” are defined broadly, capturing businesses that sell or facilitate the sale and delivery of goods through online platforms. While the intent of the proposed amendment is to target pricing in the grocery sector, given the broad scope of the provisions, the legislation would apply to a wide range of businesses operating in Manitoba.

Any person who contravenes a provision of The Business Practices Act (including by committing an unfair business practice) is deemed to commit an offence and, for corporations, would be liable on summary conviction to a fine of not more than C$300,000 in the case of a first offence, and to a fine of not more than C$1,000,000 in the case of a subsequent offence. At the time the penalty is imposed, the person may also be ordered to pay any affected consumer an amount to compensate for loss or damage.

Even if the legislation is passed, it remains to be seen whether other provinces will follow Manitoba’s lead, or whether Manitoba will remain unique in attempting to address personalized pricing.

For more information, please contact one of the authors or any member of our Regulatory group.