Is it legal to charge customers credit card fees in Canada?
Yes, it is legal for credit card issues to charge customers credit card fees, commonly referred to as credit card surcharge fees. As of October 6, 2022, merchants can now charge customers to cover the credit card fees that card issuers, like Visa and Mastercard, charge merchants to process card purchases.
What are credit card surcharge fees?
Credit card surcharge fees are an extra cost that credit card companies, like Visa and Mastercard, charge merchants every time they process a credit card payment. In general, these fees are between 1% to 3% of the purchase price. In the past, merchants absorbed this fee, as an extra business expense. (It’s also why some merchants refused to accept credit cards as a method of payment.) However, a recent class action lawsuit against Visa, Mastercard and several banks, provided a ruling that allowed merchants to charge customers, directly this credit card surcharge fee.
How do credit card surcharge fees work in Canada?
Canadian merchants must follow regulatory restrictions when charging credit card fees to customers. At this point, merchants must:
- The credit card surcharge must be cannot be higher than 2.4%
- Merchants cannot charge surcharge fees in addition to service or convenience fees
- Merchants cannot charge more for a surcharge fee than it costs them to accept the card
Additionally, merchants must clearly show that they are charging a credit card surcharge fee at the point of sale, in-store, online, at the entrance of physical stores and on every receipt.
Can merchants charge different surcharge fees for different cards?
Merchants in Canada can choose to set surcharge fees based either on the credit card’s brand or on the type of card (e.g. standard vs. premium card), but they can’t charge different fees based on brand or card type.
That means that a store could choose to charge a different surcharge fee for all Visa cards compared to all Mastercard cards. The other option is for a store to charge a different surcharge fee for all premium cards compared to standard cards.


