Grocery code nears completion as dispute resolution details take shape

Though Canada’s grocery code of conduct is set for full implementation on Jan. 1, there is one fundamental piece still being finalized—the dispute resolution management process, which remains the biggest factor delaying progress, says Karen Proud. 

The president and adjudicator of the Office of the Grocery Sector Code of Conduct (OGSCC), took the stage on day one of Grocery Innovations Canada in Toronto this week to provide a status update on the highly-anticipated code. 

“People have been waiting for the code, some people for a decade, many of you for at least the last three, four years … and it seems like it’s taking forever for us to get the code up and running. But, there’s reasons for that,” said Proud. 

The dispute resolution process has not been finalized, she said. The office has been working with “an industry group” and a “room full of lawyers” over the past six months to get the final pieces in place, Proud said, and until they’re finalized, several grocers and suppliers are waiting to sign up. 

“If you’ve been watching our website, you may have noticed we’re missing four of the big retailers at this stage who have not signed up,” said Proud. “We’re missing a number of the large suppliers who haven’t yet signed up and it’s because they’re waiting for dispute resolution.” 

READ: Pattison Food Group signs grocery code of conduct

So far, the Grocery Code of Conduct has 96 members (26 of which are independent retailers) and Proud hopes to get to 100 members by December. But, with a lack of clarity around dispute management, she understands why some companies might be hesitant to join. 

“If I were advising them, I might say you might want to wait until you see those details before you officially sign on,” she said. However, she’s confident the dispute resolution process will be finalized within the next few weeks. 

It’s not yet set in stone, but Proud believes the process will work as follows: 

Members can formally raise issues with the office. The process is not confidential—the other party will be made aware of the complaint. The office will then offer free mediation services to members, with the goal of resolving matters before they proceed to adjudication. 

If an issue cannot be resolved through mediation, it will go to Proud, who will determine if a breach has occurred. If a breach is found, the outcome may include a note of non-compliance and steps for remediation. 

Though the code has not yet been fully implemented, Proud is encouraging members to reach out to the office with any issues they may be experiencing. “It’s important for us to understand the issues you’re facing,” she said. “If you’re having issues, please report them to the office so that we can start working on your behalf.”