TORONTO, July 24, 2026 – Could two customers buying the same product at the same store one day see completely different prices because of differences in income, address, phone model or shopping history? A bill currently under consideration in Ontario proposes to classify the use of personal data and algorithms to charge customers different prices as an unfair business practice.
Ontario’s Bill 104, the Fair Grocery Prices Act, 2026, would amend consumer protection law to prohibit businesses from using “personalized algorithmic pricing” to increase or change the price of a product for an individual consumer. The bill passed first reading on April 15 and is currently awaiting second reading. It has not yet become law.
The bill defines “personalized algorithmic pricing” broadly. If a business uses an algorithm or automated system to collect and analyze a customer’s browsing and purchase history, spending habits, electronic device, income level, credit record, delivery address, pay schedule or even health condition, and then uses that information to predict how much the customer is willing to pay and adjust the price, that could fall within the proposed prohibited conduct.
Both physical stores and online platforms could be affected.
The bill specifically states that stores would not be allowed to use electronic shelf labels to show different prices based on the personal information of the customer standing in front of the shelf. Online shopping platforms would also be prohibited from offering different prices for the same product based on a customer’s personal information and behaviour.
This means the proposal is not aimed only at large supermarkets. Convenience stores, retailers, e-commerce platforms and other online marketplaces that sell goods could also be covered if they use personal data for algorithmic pricing.
In recent years, more stores have begun using membership apps, electronic price tags and automated pricing systems. While consumers receive points, coupons and personalized recommendations, they also leave behind large amounts of purchase and browsing data. The concern is whether businesses may use that data to determine that a particular customer is in a hurry, has higher income or is less likely to compare prices, and then show that person a higher price.
However, the bill does not ban all price changes. Based on the current wording, ordinary price adjustments, limited-time promotions or discounts openly offered to all eligible members are not the main target of the bill. The central issue is whether a business changes the price for a specific customer based on that customer’s personal information, characteristics or behaviour.
At this stage, the proposal remains early in the legislative process. The bill must still pass second reading, committee review and third reading, and receive royal assent before it can become law. Even if it is passed, the main provisions are scheduled to take effect six months after royal assent.
As a result, Ontario consumers cannot currently rely on this bill to require stores to stop personalized algorithmic pricing. However, residents who frequently use supermarket apps, membership cards, food delivery platforms or online shopping sites can pay attention to whether the same product shows noticeably different prices across different accounts, devices or locations, and keep screenshots and order records.
For newcomers and consumers unfamiliar with digital platform rules, the issue raised by this bill is not only a technical one. It is also a direct cost-of-living question: should product prices be determined by costs and the market, or can they change based on a business’s estimate of how much each individual customer is willing or able to pay?（LJI by Yuanyuan）
