role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 104, Fair Grocery Prices Act, 2026

Fraser, John

Current status:

First Reading Ordered for Second Reading

Please select

View bill

Status

Debates

Acts affected

Original

Bill 104 Original (PDF)

EXPLANATORY

NOTE

The

Bill amends the Consumer Protection Act, 2002 and

the Consumer Protection Act, 2023 with respect to

personalized algorithmic pricing.

new provision is added to each of the Acts providing that it is an unfair

practice to use personalized algorithmic pricing to inform a change in price

for an individual consumer. Examples of this unfair practice include price

changes on electronic shelf labelling systems that are based on a consumer’s

personal information, attributes or behaviours and similar price changes on

online platforms.

Bill 104 2026

Act to amend the Consumer Protection Act, 2002 and the Consumer Protection Act,

2023 with respect to personalized algorithmic pricing

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Consumer Protection Act, 2002

(1) Section 1 of the Consumer Protection Act,

2002 is amended by adding the following

definitions:

“electronic

shelf labelling system” means electronic or digital equipment, and the

associated hardware, software and communication protocols, that,

(

a) displays

the price of a good at or adjacent to the place where the good is offered, and

(

b) is

capable of electronically updating the price of the good, including by remote

or centralized input; (“système d'étiquetage électronique de rayon”)

“online

platform” means an online marketplace that enables or facilitates,

(

a) selling,

leasing or otherwise disposing of goods on a retail basis, or

(

b) distributing

goods on behalf of a supplier; (“plateforme en ligne”)

“personalized

algorithmic pricing” means pricing that is based on the use of an algorithm or

automated processing to set, recommend or vary a price offered to an individual

consumer as a result of data about the consumer collected, analyzed or

processed with or without the consumer’s consent, knowledge or involvement,

including, without limitation, data about the consumer’s personal information,

attributes and behaviours, such as,

(

a) the

consumer’s browsing or purchasing history, consumer habits or spending

patterns,

(

b) the

consumer’s electronic devices used in browsing or purchasing and their profiles

on such devices,

(

c) the

consumer’s inferred willingness to enter into the consumer transaction,

(

d) the

consumer’s demographics or socio-economic status, including their income level,

(

e) the

consumer’s employment pay period or financial assistance payment schedule,

(

f) the

consumer’s credit history,

(

g) the

consumer’s location, including their address for the delivery of the good,

(

h) the

consumer’s medical history or health status, and

(

i) any

other information, attribute or behaviour prescribed by the regulations; (“tarification

algorithmique personnalisée”)

(2) The

Act is amended by adding the following section:

Personalized

algorithmic pricing

16.1

(1) It is an

unfair practice to use personalized algorithmic pricing to inform a change in

price for an individual consumer.

Examples

(2) Without

limiting the generality of subsection (1), the following are included as

practices that contravene subsection (1):

1. The

use of an electronic shelf labelling system to present a different price to a

consumer based on the consumer’s personal information, attributes or behaviours.

2. The

presentation of a different price to a consumer on an online platform based on

the consumer’s personal information, attributes or behaviours.

(3) Subsection

17 (2) of the Act is amended by striking out “section 14, 15 or 16” and

substituting “section 14, 15, 16 or 16.1”.

Consumer Protection Act, 2023

(1) Subsection 1 (1) of the Consumer Protection

Act, 2023 is amended by adding the following

definitions:

“electronic

shelf labelling system” means electronic or digital equipment, and the

associated hardware, software and communication protocols, that,

(

a) displays

the price of a good at or adjacent to the place where the good is offered, and

(

b) is

capable of electronically updating the price of the good, including by remote

or centralized input; (“système d'étiquetage électronique de rayon”)

“online

platform” means an online marketplace that enables or facilitates,

(

a) selling,

leasing or otherwise disposing of goods on a retail basis, or

(

b) distributing

goods on behalf of a supplier; (“plateforme en ligne”)

“personalized

algorithmic pricing” means pricing that is based on the use of an algorithm or

automated processing to set, recommend or vary a price offered to an individual

consumer as a result of data about the consumer collected, analyzed or

processed with or without the consumer’s consent, knowledge or involvement,

including, without limitation, data about the consumer’s personal information,

attributes and behaviours, such as,

(

a) the

consumer’s browsing or purchasing history, consumer habits or spending

patterns,

(

b) the

consumer’s electronic devices used in browsing or purchasing and their profiles

on such devices,

(

c) the

consumer’s inferred willingness to enter into the consumer transaction,

(

d) the

consumer’s demographics or socio-economic status, including their income level,

(

e) the

consumer’s employment pay period or financial assistance payment schedule,

(

f) the

consumer’s credit history,

(

g) the

consumer’s location, including their address for the delivery of the good,

(

h) the

consumer’s medical history or health status, and

(

i) any

other information, attribute or behaviour prescribed by the regulations; (“tarification

algorithmique personnalisée”)

(2) The

Act is amended by adding the following section:

Personalized

algorithmic pricing

9.1

(1) It is an

unfair practice to use personalized algorithmic pricing to inform a change in

price for an individual consumer.

Examples

(2) Without

limiting the generality of subsection (1), the following are included as

practices that contravene subsection (1):

1. The

use of an electronic shelf labelling system to present a different price to a

consumer based on the consumer’s personal information, attributes or behaviours.

2. The

presentation of a different price to a consumer on an online platform based on

the consumer’s personal information, attributes or behaviours.

(3) Subsection

10 (2) of the Act is amended by striking out “section 8 or 9” and substituting

“section 8, 9 or 9.1”.

Commencement

(1) Except as otherwise provided in this section, this Act comes

into force on the day that is six months after the day it receives Royal Assent.

(2) Section

2 comes into force on the later of the day

section 2 of

Schedule 1 ( Consumer Protection Act, 2023 ) to the Better for Consumers, Better for Businesses Act, 2023

comes into force and the day that is six months after the day this Act receives

Royal Assent.

Short

title

The

short title of this Act is the Fair Grocery Prices Act,

2026 .

Date Bill stage Event Outcome Committee

April 15, 2026

First Reading

Ordered for Second Reading

April 15, 2026

First Reading

Vote

Carried

First Reading

April 15, 2026

Carried

Ordered for Second Reading