Consultation Document Poll

The stakeholder consultation is now closed.

Introduction

On November 27, 2020, the Ministers discussed the concerns of processors, producers, and independent grocers regarding increased retailer fees on suppliers and the need for balance in the supplier-retailer relationship, while also ensuring that Canadians continue to have access to a reliable grocery supply at affordable prices.  Federal, Provincial, and Territorial (FPT) governments agreed that collaborative action was the best approach.

On July 2021, FPT Ministers called for an industry-led process to develop broad consensus around a concrete proposal to improve transparency, predictability, and respect for the principles of fair dealing within the supplier/retailer relationship.

Following the July 2021 announcement, a Steering Committee comprised of individuals from ten key stakeholder associations was convened with the goal of developing terms of reference and a work plan aimed at facilitating the development of a formal Grocery Industry Code of Conduct. Progress updates were presented to the FPT Ministers on December 17, 2021March 31, 2022July 21, 2022November 2022, and January 2023

  • Michael Graydon / Food Health & Consumer Products – Co-Chair
  • Diane J. Brisebois / Retail Council of Canada – Co-Chair
  • Denise Allen / Food Producers of Canada
  • Sylvie Cloutier / CTAQ
  • Mathieu Frigon / Dairy Processors Association of Canada
  • Scott Ross / Canadian Federation of Agriculture
  • Gary Sands / Canadian Federation of Independent Grocers
  • Ron Lemaire / Canadian Produce Marketing Association
  • Rebecca Lee / Fruit & Vegetable Growers of Canada
  • Stephanie Levasseur / UPA

Following the writing of the Terms of Reference and work plan, the Steering Committee established a cross-industry Working Group made up of individuals with greater depth of industry expertise to provide perspectives and practical design advice based on their on-the-ground knowledge of the industry.

The Industry Working Group provided expert perspectives and recommendations related to issues such as defining scope, defining agreements, payments, deductions, fines and fees, reporting directly to the Steering Committee. The Steering Committee and Working Group reached consensus on the objectives and principles for the Code of Conduct.

As Code development continued through the late summer and early fall, it was determined that the Working Group activity would be further supported by a representative sub-group (comprised of eight members from the broader working group) empowered to further refine these provisions in support of full Code development. This group was very effective, collaborative and this process yielded significant, positive results.

  • Serge Boulanger -Metro
  • Errol Cerit – FHCP
  • Patrice Léger Bourgoin – APM Québec
  • Doug Nathanson – Sobeys
  • Luc Prevost – Vegpro
  • Mark Taylor- Lactalis
  • Giancarlo Trimarchi – Vince’s Market
  • James Crosby – Crosby Molasses

The Steering Committee continues to work with legal counsels and many other experts, including the Industry Sub-Committee Working Group, to inform and guide the Committee to arrive at a final version of the Grocery Industry Code of Conduct.

The associations members of the steering committee represent a broad spectrum of the grocery industry supply chain and have worked to ensure the views and interests of our complex grocery system have been considered.

The Steering Committee has two distinct consultation objectives:

The first is to inform the grocery sector at large of the process we have undertaken, the progress made, and the draft Code that has emerged.

Secondly and most importantly, we must determine if we have missed anything significant as we have strived to develop a “Made in Canada” Code to address the critical needs all parties to the Code, while adhering to the current Canadian legislative framework including the Competition Act, and staying true to the principles of transparency and certainty, fair dealing across the value chain, timely dispute resolution, and simplicity.

The Steering Committee is committed to consulting with grocery industry supply chain stakeholders to ensure the Code, in its entirety, sufficiently addresses the concerns noted in the FPT July 2021 report and adequately balances the interests of stakeholders in a complex supply chain.

If you are a large or small processer/ manufacturer, producer/farmer (selling to wholesale or retail), wholesaler, or retailer, we are interested in hearing from you.

A multi-step process:

Step 1: A recording of the steering Committee webinar hosted on May 2, 2023 to present the Code is available here.

Step 2: Presentations at various industry events throughout April

Step 3: Industry stakeholders are invited to respond to the questions found at the end of this consultation document.

Step 4: All input collected will be reviewed and summarized by an impartial third party.

Step 5: The results of the analysis will be presented to the Steering Committee and the Industry Sub-Committee Working Group to determine whether and what changes to the Code are required prior to implementation.

The online consultative process will be open until May 31st, 2023.

The Public consultation period has ended. The information will be analyzed by an independent third party and shared with the Steering and Working Groups. An update on progress will be provided to the Agricultural FPT Ministers in late July.

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Interim Board informs FPT ministers of commitment of all major grocers to support the Grocery Code of Conduct

The Grocery Sector Code of Conduct Interim Board of Directors is pleased to inform the FPT Agriculture and Agri-food Ministers that we have the commitment of all the major grocers to support the Grocery Code of Conduct. This includes all the national grocers and the many regional and local independent grocers from coast to coast. In addition, we have the commitment of all key suppliers, large and small, in the country’s food supply chain.

 

While there is still much work to be done, including the development of the processes required to ensure an efficient and effective implementation, the establishment of an operating office, the hiring of an adjudicator, industry education, and much more, we are delighted to report that all stakeholders have expressed their desire and their commitment to assist and support the implementation of a voluntary industry-led Code in Canada. The commitment of the major grocers underscores the importance of a fully inclusive, voluntary Code developed and managed by stakeholders across the entire grocery supply chain.

 

Read the Interim Board’s full message here.

Interim Board of the Office of the Grocery Sector Code of Conduct Welcomes Loblaw’s Announcement of Support

Toronto, ON, May 16, 2024 – The Interim Board of the Office of the Grocery Sector Code of Conduct (OGSCC) for the Grocery Code of Conduct welcomes today’s announcement from Loblaw Companies Limited that it has officially committed to participating in the Grocery Code of Conduct.

On behalf of the OGSCC Interim Board, the Chair,  Michael Graydon, stated that:. “We welcome the news that Loblaw has agreed to participate in the Grocery Code of Conduct. Within a very complex food system, the vision for the Code has always been based on a fully inclusive, voluntary Code, developed by the grocery industry and managed by its stakeholders across the supply chain. Today’s announcement by Loblaw brings us one step closer to the implementation of the Code as we continue to work with all industry partners to ensure we have maximum participation.

The series of discussions held between Loblaw and the Code Industry Working Group provided an opportunity to embed additional clarity around some of the Code’s provisions ensuring the Code is applied as intended, supporting simplicity, and fostering a clear understanding of its application. Ultimately, this will lead to better collaboration between all parties involved in the grocery supply chain.

The Code’s development, initiated by the Federal-Provincial and Territorial Ministers of Agriculture, has been a collaborative effort involving retailers, distributors, manufacturers/suppliers and primary producers. This collaborative approach ensures that the Code supports small stakeholders and the industry, recognizing the complexities of the Canadian grocery market.

For more information, please contact the Interim Board of the OGSCC through its website at: https://canadacode.org/contact/

or

Anthony Fuchs,
Food, Health & Consumer Products of Canada
anthony.fuchs@fhcp.ca

Michelle Wasylyshen
Retail Council of Canada
mwasylyshen@retailcouncil.org

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