New grocer code rewrites rules in Canadian market

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The recent announcement that American retail giants Walmart and Costco will be joining the Grocer Code of Conduct, alongside established Canadian players such as Loblaw, Sobeys and Metro, marks a critical step forward in the evolution of Canada’s grocery sector.

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This collective adherence to the code by all major players is essential for its efficacy and represents a monumental effort that has taken years to materialize.

To many, the Grocer Code of Conduct remains an enigma. Fundamentally, this code aims to enhance competition in the Canadian market by imposing accountability across the food industry, particularly targeting practices that have traditionally occurred out of public view. Under this new regime, various opaque practices, such as the exorbitant fees charged to suppliers by retailers, will be subjected to scrutiny and regulation.

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For instance, consider a Canadian jam producer who wants to distribute products through major retailers like Loblaw. Initially, the grocer might impose listing fees and other charges amounting to over $100,000 annually. As the product gains popularity, these fees can escalate dramatically, compelling the supplier to increase prices to maintain profitability. This cycle contributes to market volatility and ultimately penalizes consumers. The implementation of the code is poised to mitigate such scenarios by regulating fee escalations and fostering a more stable pricing environment.

Furthermore, the code promises a more equitable landscape for independent grocers who will be able to negotiate on more level terms. While giants like Loblaw and Walmart will maintain significant market influence, their conduct is expected to become less predatory under the new guidelines.

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The industry’s need for an image overhaul cannot be overstated, especially in the wake of scandals such as the bread price-fixing debacle and the controversy over “hero pay” during the pandemic. These incidents have severely tarnished the public’s perception of the grocery sector.

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Key figures such as Michael Medline, CEO of Sobeys, have played pivotal roles in advancing the code. Medline’s call for greater discipline and respect within the industry, alongside the tireless advocacy by Michael Graydon and Sylvie Cloutier on behalf of Canadian food manufacturers, has significantly shaped the discourse and mobilized support among policymakers. The efforts of Francois-Philippe Champagne and the parliamentary agriculture committee, chaired by MP Kody Blois, have also been instrumental in positioning the code as a strategic blueprint for fostering competition and enhancing supplier relations in Canada.

With the code’s implementation, food manufacturers and independent grocers will gain a stronger voice, leading to greater product diversity for consumers. This is a straightforward equation: More suppliers equate to more choices on the shelves.

While securing the commitment of all five major retailers is a commendable achievement, the real challenge lies ahead in ensuring compliance and tangible results. Canadians’ skepticism will likely persist until they witness the benefits of these reforms first-hand — a sentiment that is both understandable and justified.

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