Catalog / Makes employment decisions / LXD-2512

Makes employment decisions, in Manitoba

Personal Investigations Act, consent, report limits, notice of denial, access and protestsince 7 lines

C.C.S.M. c. P34, ss. 3-12.4 and 19 · Read the law's page

  • If you conduct, or cause to be conducted, an inquiry to obtain factual or investigative information about a person from any source other than that person, with a view to entering into or amending an agreement with that person for credit, insurance, employment or tenancy, do not do so without that person's consent given in accordance with the regulations (ss. 1, 3(1)).
  • Keep a personal report free of the matters section 4 excludes, among them race, religion, ethnic origin and political affiliation unless the subject volunteered it, discharged bankruptcies more than six years old, statute-barred debts, adverse information more than six years old, and investigative information you have not made reasonable efforts to corroborate (s. 4).
  • Do not knowingly divulge the contents of a personal report or personal file to anyone other than a user or its agent who needs it for a decision on the subject's application or another legitimate business purpose, an assignee of the agreement, a government or police officer, or the subject on request (s. 5).
  • If the subject is denied a benefit in whole or in part after a personal investigation, tell the subject in writing within 10 days of the denial about the right to be informed, and within 30 days of a request give the name and address of any personal reporting agency used and the source and detail of the information (ss. 6, 7(1)).
  • If you are a personal reporting agency, disclose to the subject within 24 hours of a demand the source and detail of the factual information and the nature of the investigative information in the report, and tell anyone who asks whether you hold a personal file on them and what it contains, on payment of the prescribed fee (ss. 7(2), 8(1)).
  • When a subject protests information, immediately attempt to verify it and expunge factual or investigative information that cannot be verified, otherwise record the protest, and report what you did to the subject and to anyone given the report in the previous 60 days (s. 11(1)).
  • If you are a personal reporting agency, include a security alert in a subject's file on request, give a 24-hour toll-free number for requests, and pass the alert to everyone to whom you divulge the file; if you are a user who receives an alert, verify the identity of the person before entering into, amending or replacing an agreement for credit (ss. 12.1, 12.4).
Business Practices Act, personalized algorithmic pricingsince 7 lines

C.C.S.M. c. B120, ss. 1-3, 7 and 33, as amended by S.M. 2026, c. 41 · Read the law's page

  • If you are an online retailer or online distributor, do not use personalized algorithmic pricing, meaning pricing that an algorithm or automated processing sets, recommends or varies for a specific consumer as a result of data about that consumer, to increase the price of goods demanded from the consumer; the Act deems that use an unfair business practice (s. 2(3)(v)).
  • If you display prices with an electronic shelf labelling system, do not demand a higher price at the point of sale due to personalized algorithmic pricing in respect of that consumer (s. 2(3)(r.1)).
  • Treat the use of personalized algorithmic pricing as a material fact: exaggeration, innuendo or ambiguity about it, or a failure to disclose it, is a deemed unfair business practice (ss. 2(3)(p), 2(4)).
  • Where the Act conditions a higher price on the consumer's express consent, an online retailer or online distributor has that consent only if it prominently discloses the reason for the higher price in clear and understandable language and the consumer takes clear overt action to consent (ss. 2(3)(q), 2(5)).
  • If you are an online retailer, online distributor or user of an electronic shelf labelling system, do not take advantage of a consumer by demanding a price higher than the price offered to other consumers because of personalized algorithmic pricing in respect of that consumer (s. 3(2)(c)).
  • As an online retailer or online distributor, disclose the total price, including mandatory fees and charges, and any other material facts to the consumer in clear and understandable language and post them prominently, and make the data about the consumer that is available to you equally available to the consumer; both are factors in deciding whether a practice is unfair (s. 3(3)(c)-(d)).
  • Treat the use of algorithms, data analytics, machine learning or artificial intelligence by you or a third party as capable of being an unfair business practice, whether or not a consumer transaction is entered into (s. 7(2)).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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