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On March 17, 2026, the Manitoba government introduced Bill 49, amendingThe Business Practices Act (MBPA) to address what the government characterizes as a growing threat to Manitoba consumers: Personalized algorithmic pricing. The government has positioned Bill 49 as a "first of its kind" consumer protection measure to ensure fairness in pricing.
What the proposed amendments would actually do
The Bill introduces several new concepts into the MBPA, most notably "personalized algorithmic pricing," which the Bill defines as pricing set, recommended or varied for a specific consumer through an algorithm or automated processing, drawing on data such as browsing history, spending patterns, device profiles, inferred willingness to buy, income level, credit history, location and even medical history. The amendments make it an unfair business practice for bricks-and-mortar retailers, online retailers and online marketplaces to use personalized algorithmic pricing to increase what they charge a specific consumer. The Bill proposes to add transparency obligations requiring that algorithmic pricing be disclosed as a material fact in consumer transactions.
Scope and practical application
From a practical perspective, the Bill would apply across retail environments in:
- Physical retail settings where prices are displayed using an electronic shelf labelling system
- Online retail and e-commerce platforms – likely the more common environment – in which individualized pricing strategies could occur, particularly where automated systems tailor prices based on consumer data or behaviour
The Bill defines "electronic shelf labelling systems" as electronic or digital systems (whether hardware, software or communication protocols) which are used to display the price of goods at or adjacent to where the good is offered and which is capable of updating prices remotely or through a centralized input. The Bill also broadly defines "online retailers" and "online distributors" as those businesses which sell or facilitate the sale and delivery of goods through online platforms.
The Bill is focused on price increases linked to personalized pricing. It does not appear to address discounted or preferential pricing programs, such as loyalty or rewards programs, nor does it appear to regulate geographic or store-wide pricing differences that may result from competitive conditions.
Enforcement and risk considerations
The proposed amendments to the MBPA would provide enforcement tools to Manitoba's Director of Business Practices, including the ability to issue orders and seek injunctions. As with many consumer protection laws, enforcement against out-of-province or international e-commerce platforms may raise practical and jurisdictional challenges.
A contravention of MBPA, including engaging in an unfair business practice, would constitute an offence under the legislation. Corporations may be subject, on summary conviction, to fines of up to $300,000 for a first offence and up to $1,000,000 for a subsequent offence. In addition to any fine imposed, a court may order the payment of compensation to affected consumers for any resulting loss or damage.
In addition to regulatory enforcement, businesses should also be aware of potential civil litigation exposure. If personalized algorithmic pricing were found to constitute an unfair business practice, it could form the basis of private claims, including class proceedings under provincial consumer protection frameworks.
Broader regulatory considerations
The Bill reflects a broader policy discussion occurring in multiple jurisdictions regarding the use of data, automation and artificial intelligence in consumer-facing pricing models. Policymakers in Canada and elsewhere are increasingly assessing whether existing consumer protection tools adequately address emerging digital business practices.
Whether Bill 49 will be adopted in its current form, and whether similar legislation will emerge in other provinces, remains to be seen. Nonetheless, the Bill highlights an area of growing regulatory attention for businesses that rely on data-driven pricing strategies.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
