The Scenario
A consumer picks up a packaged item priced at $4.99 on the shelf label. At the checkout, the scanner charges $6.49. The cashier says the shelf label was out of date. The item is priced at more than $10 total across multiple units.
Rights Analysis
Many Canadian retailers participate in the voluntary Scanner Price Accuracy Code, which provides that when a scanned price is higher than the displayed price, the consumer receives the item free up to $10, or a $10 discount on items over $10. The policy is voluntary but widely advertised by participating retailers.
Outside the voluntary code, double ticketing (having two different prices displayed) is specifically prohibited by s. 54 of the Competition Act: the lower price must apply. Charging more than the displayed price may also constitute a deceptive practice under the Competition Act and an unfair practice under the Consumer Protection Act.
Possible Options for the Consumer
At the checkout, the consumer may invoke the Scanner Price Accuracy Code if the retailer participates. Most retailers will honour the policy on request. If the retailer refuses, a brief complaint to the store manager is typically the next step.
If the retailer continues to refuse, a complaint may be filed with the Competition Bureau (under the double ticketing or deceptive pricing provisions) and with Consumer Protection Ontario. A civil claim may not be worthwhile for small amounts, but a pattern of mispricing across many consumers may support a class action or regulator action.