Manitoba’s Bill 49 and personalized algorithmic pricing: What businesses need to know

On March 17, 2026, the Manitoba government introduced Bill 49, amending The 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.

How we can help

The MLT Aikins Competition Law and Technology, Privacy and Intellectual Property practice groups regularly advise businesses on pricing practices, digital commerce models, data use and emerging regulatory issues at the intersection of competition law, consumer protection and technology.

Our team can assist businesses by:

• Assessing whether existing or proposed pricing models, particularly data‑driven or automated pricing tools, may be impacted by Bill 49 or similar legislation
• Advising on compliance with consumer protection and competition law requirements in both online and physical retail environments
• Supporting technology‑focused businesses and platforms in evaluating legal risks associated with algorithms, artificial intelligence and data analytics used in commercial decision‑making
• Monitoring legal and regulatory developments across Canada as governments consider new approaches to AI‑enabled business practices

If you have questions about Bill 49 or would like guidance on how competition and technology laws may affect your business, please contact Joshua, Nicolas or Kyle or your usual MLT Aikins contact.

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