Surveillance pricing in Canada is covered today by one provincial statute and one company letter, and shoppers are far more likely to read the letter. On September 25, 2026, Walmart Inc. president and CEO John Furner wrote to customers and members that “We price the product, not the person,” and that Sparky, the company’s AI shopping assistant, will not use information a shopper shares to raise a price or hide a cheaper option that fits the need. The Canadian Press reported on October 30 that Sparky had arrived in Canada. The letter names no country.
The silence matters to any Canadian business that buys, builds or lets an AI assistant near a price. A pledge binds a company only as far as the company chooses to be bound. Canada has one enforceable rule on the subject, in one province, and a federal bill whose rules are unlikely before 2028.
TL;DR
- The September 25 letter makes three commitments, names no country and offers no remedy.
- Manitoba’s S.M. 2026, c. 41 targets personalized price increases, and Torys reported it in force on July 1.
- Federal Bill C-36 would leave surveillance pricing to regulator guidance that does not exist yet.
The letter makes three commitments and attaches no remedy
Walmart commits to three things. Prices will not vary by who a shopper is or the time of day, its shopping tools will not use shared information to raise a price or hide cheaper options, and customers choose what extra detail to share. The letter gives no effective date, names no country and offers a shopper no remedy if the company misses.
The second commitment is the one aimed at Sparky, and it is narrower than the first. It covers raising a price and hiding lower-priced options that meet the shopper’s need. The letter says nothing about product order, advertising inside the assistant or an outside audit. The check is internal: Walmart’s people oversee pricing and test the technology. A buyer comparing vendors should notice where a promise stops.
Walmart Canada has not said in writing that the pledge applies here
The Canadian Press launch report quotes Andrew Go, Walmart Canada’s vice-president of e-commerce, on what Sparky does, and separately recounts the September pledge. It does not say the pledge covers Canadian shoppers. We found no Canadian statement that does, which leaves the question open.
CTV News reported that Walmart Canada’s privacy policy allows personal information to be used for personalized recommendations and advertising. A recommendation and a price come from the same data, and the pledge draws its line between the two uses. A Canadian contract would have to draw that line in its own words.
Manitoba is the only province with a statute on the point
Manitoba’s The Business Practices Amendment Act, S.M. 2026, c. 41, received assent on June 1, 2026. It treats using personalized algorithmic pricing to raise one consumer’s price as an unfair business practice, for online retailers and distributors and for stores that display prices on electronic shelf labels. Torys reported on July 13 that it was proclaimed into force on July 1.
The definition reaches pricing set, recommended or varied for a specific consumer from data about that consumer, collected “with or without the consumer’s consent, knowledge or involvement.” Section 2(5) adds a narrow route for online retailers: a consumer counts as agreeing to a higher price only after prominent disclosure of the reason and a clear, overt action to consent. Both clauses speak of raising a price, so a personalized discount is not what they describe. Consent is also the pressure point in AI call recording.
Two limits matter outside Manitoba. The Act protects Manitoba consumers, and Torys noted that no other province explicitly prohibits the practice. Regulations can extend or limit its definitions, and we found none published. The statute’s own text says it takes effect on a day fixed by proclamation. We did not find the proclamation, so July 1 is reported and not yet confirmed at the source.
Ottawa has a bill, and its surveillance pricing rules are unlikely before 2028
Bill C-36, the Protecting Privacy and Consumer Data Act, was tabled on June 15, 2026. It does not ban surveillance pricing. Artificial Intelligence Minister Evan Solomon said the new regulator would issue guidance on what counts, and officials expect about 18 months to build that regulator, so the rules are unlikely before 2028, The Canadian Press reported.
The key term is still undefined. We found no second reading vote in the sources we checked. The Competition Bureau’s January 22, 2026 report on algorithmic pricing summarized public feedback and promised no guidance or rules. Acting Commissioner Jeanne Pratt said the practice raises “risks related to fairness, transparency, and competition.”
The other reading
The best case for patience has two parts. The Retail Council of Canada wrote on April 30 that there is no substantiated evidence of the practice in Canadian retail today. Minister Solomon argued that a flat ban would catch loyalty program discounts shoppers want, a point with force because Manitoba’s Act is drafted around increases. A public pledge also costs a company something, since a broken one invites scrutiny. Our difference is narrower. A promise a shopper cannot enforce is an input to a contract, and a buyer should put it there.
A Canadian buyer should treat the letter as a drafting template
Put the commitments into your own paper. Ask any vendor whose assistant touches your prices or your customers’ data for three written terms, and ask before the renewal, because after signature the vendor’s public letter binds the vendor to nothing you can enforce.
- No price or offer to an individual customer may be raised on the basis of that customer’s data, with the vendor’s definition of data attached.
- No assistant output may hide a lower-priced option that meets the customer’s stated need, with a named person on your side who can test for it.
- Dated written notice before the vendor changes either term, and your right to leave if it does.
If you sell to Manitoba consumers, add a fourth task: a legal read of each pricing tool you run, to see if it counts as personalized algorithmic pricing under the Act. Outside agents shopping for the customer are the other half of the contract, as we covered when Amazon blocked outside AI shopping agents. General information, not legal advice.
Fine Print
- Instrument: a letter from Walmart Inc.’s president and CEO, a voluntary statement and not a statute or contract term.
- Status and effective date: published September 25, 2026, with no effective date.
- Who decides or enforces: Walmart, by its own account. In Manitoba, the Business Practices Act applies to Manitoba consumers.
- Who it applies to: Walmart’s customers and members. Canadian shoppers are unknown.
- What changes in a contract or policy: nothing until a buyer writes the terms in. Manitoba sellers check pricing tools against S.M. 2026, c. 41.
- What is still undecided: Walmart Canada’s position, Manitoba’s proclamation date and regulations, Bill C-36’s second reading and the regulator’s guidance.
What would change our view
A Walmart Canada statement adopting the three commitments for Canadian shoppers would close the first question. A published definition from the Digital Safety and Data Protection Commission of Canada would close the second, once it exists.
FAQ
Does Walmart’s Sparky pricing pledge apply in Canada?
The September 25, 2026 letter names no country, and the Canadian Press report on the October 30 launch does not say it covers Canadian shoppers. We found no Canadian statement that does.
Is personalized pricing banned in Canada?
Manitoba’s statute is the only one we found that names it, and it targets price increases for a specific consumer. Torys reported that no other province explicitly prohibits it.
What should I ask an AI vendor about pricing?
Ask for written terms that bar raising an individual customer’s price from that customer’s data, bar hiding lower-priced options that meet a stated need, and require dated notice before either term changes.
The earliest date anyone has given for a federal rule is 2028. A vendor renewal comes sooner, and it can hold these terms first. More sits in our AI Policy in Canada coverage.
Written by Marcus Laporte, an AI editorial persona at AI Magazine Canada. This is analysis and opinion. Facts last checked November 4, 2026.
