Apr 25, 2026
On April 15, the federal NDP put forward a motion to ban a practice known as "surveillance pricing", which was voted down by MPs, CBC News reported (1). While dynamic pricing — costs for goods rising and falling due to demand, supply, time of day — has been around for years (2), this novel pricing method is emerging.
Surveillance pricing, also called algorithmic personalized pricing, uses detailed consumer information from multiple sources to create custom pricing for an item. Relevant data may include your demographics, location, purchase or subscription history, or even the device you're shopping on. The result is that different customers see different prices on goods offered to them even if they are shopping at the same retailer.
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A discussion paper from Competition Bureau Canada (3) says that AI is further developing this pricing method to greater potential, as AI-driven pricing algorithms can learn in real-time from consumer data and adjust their recommended prices with the most recent data — without human intervention.
A clear case of this was on full display in the U.S. in March, when the Washingtonian reported that the Washington Post notified subscribers via email that their prices would be changing via an algorithm fuelled by their personal information.
"This price was set by an algorithm using your personal data," was the message found at the bottom of the price increase emails.
Consumers in both the U.S. and Canada are concerned that personal-data-driven practices could lead to unfair price adjustments. A recently consultation report on the practice of algorithmic pricing and competition from the Competition Bureau Canada (4) included responses from 77 consumers. Their top three concerns regarding these price-setting practices were unfairness, discrimination and price fluctuation.
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Digging into the debate
It's not only consumers and the federal NDP that are pushing back on surveillance pricing, a provincial government is also stepping up to the plate.
On March 17, the Manitoba government introduced Bill 49 amending the Business Practices Act to make it unfair for businesses to use consumers' personal data — algorithmically determined or not— to increase their personal price for goods (5).
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The United Food and Commercial Workers union (UFCW) has also spoken up against the practice. In a news release (6), the UFCW called for a ban on the practice of surveillance pricing, noting that, "UFCW Canada members working across the grocery sector are seeing the impact firsthand, from rapidly shifting shelf prices to increasingly frustrated customers at checkout."
While the practice has a number of outspoken critics, others view the practice differently.
Some of the other stakeholders (i.e. businesses, legal experts, academics, consumer interest groups and industry associations) consulted in Competition Bureau Canada's report (5) noted that the practice creates more opportunity in the marketplace. "Some highlighted…how it improves competition and innovation by enabling firms to respond faster to market changes, price more efficiently, and adjust prices in real time," the report reads.
However, the consultation report also noted that algorithmic pricing can enhance anti-competitive behaviours as well. Deceptive marketing tactics were also a concern among respondents.
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Brad Callaghan, the associate deputy commissioner for policy planning and advocacy for the Competition Bureau, told CTV News that personalized pricing has been around for years. And in some cases, has allowed for consumer price benefits, pointing to seniors discounts and student pricing (7).
Amid all of the critiques of the system, Callaghan told CTV the Competition Bureau will "continue to monitor the issue to ensure harms are addressed while allowing businesses to innovate."
Currently, Canada does not have laws in place that require companies to disclose when personalized pricing is used. But if Bill 49 in Manitoba moves ahead, businesses in the province would be required to disclose algorithmic pricing as a critical fact to consumers purchasing from them (8).
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What Canadians can do in the meantime
Legislation on the practice of surveillance pricing is in flux in Canada. So, what can consumers do in the meantime to help them still get a fair price on goods and services? Here are some strategies you can implement immediately.
- Go incognito. Experts suggest using incognito browsing modes to price shop with your cache, cookies and login information minimized. This practice can cause a pricing algorithm to treat you as a new user and potentially offer better prices as a result (9). Using a VPN to block your location may also affect pricing options, though results may vary.
- Shop offline. Purchasing groceries in store or taking a taxi instead of an app-based transportation service could get you lower prices. Make sure to double-check the prices of items in store versus online if you have the option.
- Be aware of your online footprint. When shopping online, try and disable third-party cookies to limit the amount of data retailers can collect on you. Be aware of the amount and type of information you give to AI chatbots like ChatGPT when trying to find a product online as well.
- Review your loyalty plan privacy settings. Limiting as much of your personal data on loyalty plans and apps is another way to practice digital hygiene. Some loyalty plans such as Scene+ and PC Optimum allow users to constrain how their data is used for bespoke offers. Review the data-sharing and personalization options in your accounts.
Bottom line
While surveillance pricing is under criticism from multiple sides, the pricing system is still legal in Canada, and Manitoba, for now at least. While Canadians wait for the chips to fall, using smart data hygiene practices can help you find fair pricing online.
Remember, if you have concerns with how you're being treated as a consumer, contact your Member of Parliament and Provincial Member of the Legislative Assembly to make your voice heard and urge consumer-protection legislation like Bill 49 in Manitoba.
Article Sources
We rely only on vetted sources and credible third-party reporting. For details, see our ethics and guidelines.
CBC (1); Omnia Retail (2); Competition Bureau Canada (3),(4); Province of Manitoba (5); UFCW (6); CTV News (7); MLT Aikins (8); Neo Financial (9)
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Brett Surbey is a corporate paralegal with KMSC Law LLP and freelance writer who has written for Yahoo Finance Canada, Success Magazine, Publishers Weekly, U.S. News & World Report, Forbes Advisor and multiple academic journals. He and his family live in northern Alberta, Canada.
