The federal government has proposed a new privacy law that could fundamentally change how companies use your personal information in Canada, including putting limits on the practice of charging you higher prices based on your browsing history, location, or shopping habits.
Bill C-36, officially called the Protecting Privacy and Consumer Data Act, was tabled in the House of Commons on June 15, 2026, by Minister of Artificial Intelligence and Digital Innovation Evan Solomon.
If passed, this law would replace Canada’s current privacy legislation, which is now more than 25 years old and was written before smartphones, social media, and artificial intelligence existed.
What Is Surveillance Pricing And Why Should You Care
Surveillance pricing is the practice where companies use your personal data to charge you a different price than someone else for the exact same product or service.
This is not the same as a sale, a coupon, or a loyalty discount that benefits you.
Surveillance pricing works against you by using information like your location, your income bracket, your past purchases, and even the type of device you are using to determine the maximum price you are likely to pay.
The government backgrounder for Bill C-36 specifically identifies inappropriate surveillance pricing as an unfair use of personal information that the new law is designed to address.
Minister Solomon confirmed that if the bill passes, one of his first actions will be directing the new regulator to publish specific guidance on surveillance pricing.
What Bill C-36 Actually Does For Canadians
Bill C-36 would replace Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA), Canada’s current federal privacy law, with a completely new statute called the Protecting Privacy and Consumer Data Act.
Your Right To Have Your Data Deleted
Under the proposed law, you would have the right to ask a company to delete your personal information in specified circumstances.
This includes situations where the company collected your data without proper consent, where you withdrew your consent, or where the data is no longer necessary for the service you originally requested.
This is similar to the right to erasure that already exists under the European Union’s GDPR, and it would be a first for Canadian federal privacy law.
Transparency About Automated Decisions
Companies that use artificial intelligence, algorithms, or any automated system to make decisions about you would be required to tell you that they are doing so.
If the automated decision could have a legal or similarly significant effect on you, such as a credit decision, a job screening, or a pricing determination, you would have the right to request a plain-language explanation of how the decision was made.
How Bill C-36 Compares To The Current Law
| Feature | Current Law (PIPEDA) | Bill C-36 (PPCDA) |
|---|---|---|
| Privacy as a right | Not explicitly stated | Recognized as a fundamental right |
| Right to delete data | No formal right | Yes, right to request disposal |
| Surveillance pricing | Not addressed | The government identifies it as a practice the bill is intended to address |
| Automated decisions | No specific rules | Transparency and explanation required |
| Children’s data | No special category | Classified as sensitive information |
| Maximum penalties | Up to $100,000 | Up to $25 million or 5% of global revenue |
| Regulator | Privacy Commissioner (investigates; may seek court enforcement) | New Digital Safety Commission (binding orders) |
| Private lawsuits | Very limited | Private right of action after qualifying finding or conviction |
| Data mobility | No framework | Right to transfer data where an approved framework applies |
| Cross-border transfers | Limited requirements | Privacy impact assessment required |
What The Bill Does Not Ban Outright
It is important to understand that Bill C-36 does not ban surveillance pricing outright.
Minister Solomon clarified that the government does not want to prevent companies from offering you better prices through loyalty programs, promotional discounts, or reward systems that benefit consumers.
The distinction the bill draws is between using data to benefit the consumer and using data to exploit the consumer.
NDP Leader Avi Lewis criticized this approach, saying the bill does not mention surveillance pricing by name and instead relies on the new regulator to develop guidance on the issue after the law takes effect.
This means the practical impact on surveillance pricing will depend heavily on how aggressively the new Digital Safety and Data Protection Commission chooses to enforce the rules once it becomes operational.
Cross-Border Data Transfers And Your Privacy
Bill C-36 introduces a new requirement that companies must conduct a privacy impact assessment before sending your personal information outside of Canada.
This reflects growing concerns about data sovereignty, particularly when Canadian user data is stored on servers in countries with weaker privacy protections.
Companies would also be required to disclose in their privacy policies whether they transfer personal information outside of Canada.
When Would This Law Take Effect
Bill C-36 received first reading on June 15, 2026, which means it has only entered the very beginning of the legislative process.
Parliament rose for the summer on June 18, 2026, and regular sittings are scheduled to resume on September 21, 2026.
The bill must still pass through second reading, committee study, third reading, the full Senate process, and receive Royal Assent before it becomes law.
This is Canada’s third attempt at modernizing its privacy framework after Bill C-11 died in 2021 when an election was called, and Bill C-27 died in January 2025 when Parliament was prorogued.
If the bill passes, its coming into force will also depend on the establishment of the new Digital Safety and Data Protection Commission, which is being created under a separate bill, Bill C-34, the Safe Social Media Act.
How Provincial Privacy Laws Fit In
Alberta, British Columbia, and Quebec each have their own private-sector privacy laws that are currently considered substantially similar to PIPEDA.
If Bill C-36 passes, those provincial laws would need to be assessed against the new federal standard.
Provinces with substantially similar private-sector privacy laws may continue to receive exemptions for covered organizations and activities, while the federal law would continue applying to federally regulated businesses and interprovincial or international commercial data flows.
Manitoba has also moved independently, introducing a provincial bill in March 2026 that would specifically ban retailers from using personal data to increase prices for individual consumers.
Note: this archive copy reproduces the article’s substantive policy content. The original includes extensive internal cross-links to unrelated consumer-affairs explainers, omitted here.