Bill 104, Fair Grocery Prices Act, 2026
Chamber
ontario
Stage
Introduced
This Ontario bill bans retailers from using algorithms to charge individual consumers different prices based on their personal data.
Key Changes
- Defines 'personalized algorithmic pricing' in Ontario consumer protection law for the first time
- Declares it an unfair practice to use algorithms to charge individual consumers different prices based on their personal data
- Covers electronic shelf labelling systems in physical stores as a potential tool for personalized pricing
- Covers online retail platforms where prices could be varied by consumer profile
- Applies to data collected without the consumer's consent, knowledge, or involvement
- Amends both the Consumer Protection Act, 2002 and the Consumer Protection Act, 2023 to include these new rules
Gotchas
- The bill does not ban dynamic pricing in general (e.g., sales or time-based discounts) — only pricing that varies based on an individual consumer's personal data
- The definition of personal data used to trigger the ban is very broad, including health status, credit history, pay schedule, and inferred willingness to buy, which could make enforcement complex
- The bill comes into force six months after Royal Assent, giving retailers time to adjust their systems
- The section amending the Consumer Protection Act, 2023 only takes effect once that newer Act is itself in force, creating a potential gap in timing
- Regulations can expand the list of prohibited data types, giving the government flexibility to update the law without returning to the legislature
Who's Affected
- Ontario grocery shoppers and retail consumers
- Grocery store chains and retailers using electronic shelf labels
- Online retail and marketplace platforms operating in Ontario
- Technology companies providing algorithmic pricing software to retailers
- Low-income consumers who may be especially vulnerable to data-driven price targeting
Vibes
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Gotchas
- The bill does not ban dynamic pricing in general (e.g., sales or time-based discounts) — only pricing that varies based on an individual consumer's personal data
- The definition of personal data used to trigger the ban is very broad, including health status, credit history, pay schedule, and inferred willingness to buy, which could make enforcement complex
- The bill comes into force six months after Royal Assent, giving retailers time to adjust their systems
- The section amending the Consumer Protection Act, 2023 only takes effect once that newer Act is itself in force, creating a potential gap in timing
- Regulations can expand the list of prohibited data types, giving the government flexibility to update the law without returning to the legislature
Summary
Bill 104, the Fair Grocery Prices Act, 2026, amends Ontario's consumer protection laws to make 'personalized algorithmic pricing' an unfair practice. This means stores and online retailers cannot use computer algorithms to show one customer a higher or lower price than another based on personal data collected about that customer — such as their browsing history, location, income level, health status, or spending habits. The bill covers two main settings: electronic shelf labels in physical stores (digital price tags that can be updated remotely) and online shopping platforms. If a retailer uses these tools to charge someone more because of who they are or how they behave, that would be considered an unfair practice under Ontario law. The bill was introduced in response to growing concerns about grocery affordability and the increasing use of digital pricing technology in Canadian retail stores. It aims to ensure all shoppers see the same price for the same product, regardless of what data a retailer may have collected about them.
Automatically generated from bill text using Claude
Vibes
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