The Office of the Grocery Sector Code of Conduct (OGSCC) carried out a request for information through a member questionnaire offered in English or French, launched on March 2nd and closed on March 31st, 2026. This questionnaire formed part of the OGSCC’s ongoing dialogue with its membership to better understand how certain commercial practices are being used in the grocery sector, including “click-to-accept” agreement mechanisms and unilateral amendment clauses in agreements.
All responses were collected anonymously and the OGSCC did not have visibility into the identity of respondents. Although the questionnaire was distributed to OGSCC members who were asked to provide one response per organisation and not to circulate it outside their organizations, the OGSCC did not control distribution beyond this request. Therefore, the results of this exercise should not be considered a methodical statistical analysis. Nonetheless, the responses provide valuable insight into current practices across the sector.
Overview of Responses
Responses were received from organisations across OGSCC membership classes, including retailers, suppliers, primary producers and wholesalers/distributors. In total, 62 responses were received, representing a response rate of 37%. The results reflect a range of perspectives. Retailer participation was more limited relative to other groups, which should be considered when interpreting the results.
Click-to-Accept Practices
A majority of respondents (82%) indicated that they have encountered “click-to-accept” or similar mechanisms in their commercial dealings. Responses suggested that click-to-accept mechanisms are often integrated into digital platforms used to manage day-to-day commercial activities, including ordering and transaction management.
Members reported mixed experiences regarding whether business can continue without accepting proposed terms. Some indicated that business could continue while terms were under consideration (42%), but others reported that acceptance was required to continue normal operations (29%). A number of respondents indicated that the answer depends on specific circumstances (29%). For example, some respondents noted that although they click to accept, they subsequently communicate by email that they did not agree with all of the new terms, but had accepted in order to continue doing business and fulfill orders.
Responses also varied with respect to the ability to engage on proposed terms. Some respondents indicated that opportunities for discussion are available (16%). Many described situations where terms are presented on a “take-it-or-leave-it” basis (40%).
Differences in responses were likely due to the fact that these practices vary within the sector with some OGSCC members using “click-to-accept” practices more than others.
Unilateral Amendment Clauses
A majority of respondents (73%) reported encountering clauses that permit one party to make unilateral amendments to agreements, either frequently or occasionally. Members described a range of experiences in how these clauses are applied. In some cases, changes are introduced with advance notice and explanation. In other cases, respondents indicated that notice periods are limited or that the rationale for changes is not always clear. Several respondents noted that the impact of changes varies depending on the nature of the amendment.
Key Themes and OGSCC Guidance
Across both topics, several common themes emerged:
- Variation in Practice: Experiences vary across circumstances. Many respondents indicated that outcomes depend on the specific commercial context.
- Role of Operational Systems: Some respondents noted that these practices are often embedded in systems and processes designed to support efficiency and consistency in high-volume commercial environments.
- Transparency and Communication: Respondents highlighted the importance of clear communication, including sufficient notice and detail, to understand and respond to changes in commercial terms.
- Opportunity to Engage: A recurring theme was the importance of having a meaningful opportunity to seek clarification on proposed terms or changes.
After analysis of this information, the OGSCC released guidance on these two practices to support a consistent understanding of the Canada Grocery Code. These guidance documents are available in the Resource section of our website and are part of the OGSCC’s ongoing education efforts to help members better understand expectations under the Code.
