Evidence of meeting #87 for Agriculture and Agri-Food in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was grocery.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Gonzalo Gebara  President and Chief Executive Officer, Wal-Mart Canada Corp.
Galen G. Weston  Chairman, Loblaw Companies Limited

9:15 a.m.

President and Chief Executive Officer, Wal-Mart Canada Corp.

Gonzalo Gebara

I think it's very important for us to highlight that the buy now, pay later program is for durable goods. We are not tailoring that program for our customers to buy essentials. As a matter of fact, we're even working on new technology to prevent that from happening. We want our customers to be able to have better access by financing and softening the out-of-pocket impact so that they can buy durable goods.

Maybe a microwave went wrong or a refrigerator went wrong, or they want to treat themselves to a new TV. Those are the kinds of high-ticket items where we want to offer the option to our customers to buy now and pay later and have a lesser burden on their out-of-pocket expenses. That's all it is.

9:15 a.m.

Liberal

The Chair Liberal Kody Blois

It's not groceries, then. It's durable products.

9:15 a.m.

President and Chief Executive Officer, Wal-Mart Canada Corp.

Gonzalo Gebara

Yes. It's durable products. We call them general merchandise products, non-food products.

9:15 a.m.

Liberal

The Chair Liberal Kody Blois

Okay.

The last piece is that you mentioned red tape and bureaucracy. With all due respect, you weren't that specific in terms of what exactly.... Ms. Rood tried to take you down a line of questioning to really try to flush out what the issues are with the grocery code of conduct.

Let me ask you this. If industry can't figure it out, we saw statements today from Minister MacAuley and Minister Lamontagne basically saying that they'll explore all options possible. In your view, is it better that industry comes up with a solution and we find a pathway, or that government regulates it for you, where you might not get as much influence on that decision as you'd like?

9:15 a.m.

President and Chief Executive Officer, Wal-Mart Canada Corp.

Gonzalo Gebara

I trust that as an industry we will come up with a solution.

9:15 a.m.

Liberal

The Chair Liberal Kody Blois

Thank you.

Colleagues, that takes us to the end of our first hour.

Let me thank you, Mr. Gebara, for coming before the committee and answering questions. Merry Christmas and happy holidays to you.

Colleagues, we'll briefly suspend, and we'll get Mr. Weston lined up.

Thank you.

9:20 a.m.

Liberal

The Chair Liberal Kody Blois

Colleagues, we're back in action. We have Mr. Weston in the second hour.

Mr. Weston, you've since changed roles. You're now the chairman. I guess you were chairman and CEO before, and now you're chairman. Thank you for coming back before the committee.

We have an hour here, colleagues, and I'll get right to it.

I'll start with Mr. Weston for five minutes of opening remarks.

9:20 a.m.

Galen G. Weston Chairman, Loblaw Companies Limited

Thank you very much.

Hello, Chair and committee. Thank you for the invitation to speak with you again and to discuss the steps that Loblaw is taking to help Canadians.

While it appears that the peak of inflation is behind us, we know that increased food prices still have a real impact on Canadians as they try to put meals on the table, while balancing their budgets. We know that's harder today when almost everything has rapidly increased in price, including housing, heating and fuel, leaving less income for essentials like food.

It's an appalling statistic that almost 80% more Canadians turned to food banks this year compared to 2019. We all need to do more to help. This is a responsibility that we take very seriously, and one that Loblaw's entire team continues to work on.

Over the last two months we've been an active participant in discussions with government, sharing ideas and providing details about our specific actions. As we outlined in our recent letter to the committee, we focused our efforts on delivering additional value across the basket of 35 items and categories that matter most to customers—like milk, butter, eggs and chicken—where we are meaningfully lowering prices. These critical items are present in almost every grocery basket and make up nearly 10% of our sales.

We're delivering these savings through the pricing and promotional programs that customers understand and respond best to. They are making a difference. Let me give you an actual example.

On a product like chicken drumsticks, the cost to us has risen by 30% since 2019, but the investments we're making in lowering prices mean that the average price for this product over the last 12 weeks has been 4% lower than four years ago. This is on top of super-low everyday pricing in our discount stores, where we routinely sell products like bananas, sugar and milk all below cost.

We compete every day with other major grocery chains, global multinationals like Walmart and Costco, regional chains, local independents and online companies like Amazon. Canada is an extremely competitive grocery market. We know that, if we do not provide real value, customers will and do shop elsewhere.

Since the beginning of September, we've saved customers even more money through our PC Optimum points and members-only pricing, and through programs like retro pricing at No Frills and the Maxi Merci campaign in Quebec, which has served more than 2.2 million people.

We are also the only national grocer that offers price matching in all of our discount stores. Each year more than 10 million customers take advantage of this program, and in just two months we matched competitors' offers to the tune of $38 million.

Finally, in addition to those immediate steps, we are changing the way we invest in communities by opening more discount stores in more markets. By the end of next year we will have added nearly 70 new or converted discount stores, reaching an additional two million Canadians with the best combination of quality and value available in the country—on average 20% cheaper than a non-discount store.

These efforts are making an impact. We watch closely the prices in our stores and the inflation levels at our checkout. Compared to the StatsCan food CPI of 5.4% in October 2023, our internal inflation number is 5.1%. When we look at products that are actually purchased in our stores, we see that our internal inflation today is already below the overall CPI.

We are doing our part to help stabilize food prices for our customers, but as we've stated time and time again, we cannot do this alone. Recent studies from the Bank of Canada and the Competition Bureau have proven that grocery stores are not the reason for high food prices. As such, we are unable to unilaterally resolve the inflationary pressures.

As I explained to this committee earlier this year, for every $25 in groceries sold, we earn just one dollar in profit. That means that, even if this industry had zero profits, a $25 grocery bill would still cost $24.

It is important to stress that the suppliers, who make up 70% to 80% of the price of products, remain largely absent from this effort. Unfortunately, we have not yet seen a manufacturer come forward with a proposal to decrease costs. In fact, many of them are already signalling or submitting higher-than-expected cost increases for next year.

There is some good news. Food prices are definitely stabilizing, and we expect that to continue, but we are concerned that the grocery code of conduct could slow down this momentum.

When I was here with you six months ago, I voiced my support for a fair, balanced and reciprocal code. I also cautioned that a one-sided code that removes a retailer's ability to hold vendors accountable to their commitments would risk higher prices. While the principles of the code, as it's currently set up, are sound, when you get into the details there is significant risk of higher prices and empty shelves.

There is clearly a lot of passion around this subject. To inform this discussion, we have provided committee members with the latest copy of the code and the details of our concerns. I would like to share one specific example. The current drafting of the dispute resolution principle in the code gives manufacturers the ability to escalate disputes around cost increases to a yet-to-be-defined third party mechanism. In Australia, that mechanism has supported increases in costs in essentially 100% of cases. If that had happened in Canada since the beginning of last year, it would have resulted in $750 million in additional inflation pressure for consumers.

That risk is very real. On its own, it is a reason for pause. There are three other specific areas of risk in the code, including sections 2.5, 3.4 and 4.4. We have laid them out for this committee in the material provided. I'm happy to offer a more detailed perspective on any of them, but in our judgment, each one increases the likelihood of higher retail prices or less product on the shelves, directly or indirectly.

I must say that I am perplexed as to why other industry leaders are making such confident claims about the code's ability to stabilize prices when it was never intended to do so. The conversations about the code began years before inflation actually took hold. A variation of this code did not help stabilize prices in the U.K., Australia or Ireland over the last two years, none of which have lower food price inflation than Canada. I am worried that amidst our collective enthusiasm to deliver meaningful relief for Canadians on the cost of food, we are travelling in hope toward something that will do exactly the opposite simply because it sounds good. I would urge this committee to look closely at the details.

We completely agree that there is an opportunity to improve the way retailers and manufacturers work together and that there are certain things we can do differently ourselves. We are taking action on this front already. A few weeks ago, we announced our new small supplier program, delivering concrete benefits to over 1,000 manufacturers to reduce the cost and risk of doing business with us.

Either way, we will do more. We absolutely remain open to the right version of the code, but we simply must not do it at the expense of our customers. Loblaw's purpose is to help Canadians live life well. We will always be ready to do our part and to come to the table for these conversations. We will stand up for customers even if it is unpopular.

We welcome the committee's continued interest.

Thank you.

9:25 a.m.

Liberal

The Chair Liberal Kody Blois

Thank you very much, Mr. Weston.

We'll turn now to questions.

Ms. Rood, you're first. You have up to six minutes, please.

9:30 a.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Thank you, Chair.

Thank you, Mr. Weston, for being here today.

Mr. Weston, you just noted that the code doesn't affect the numbers for consumers, but a report that came out today would say otherwise. As you know, I've been a big proponent of this code from the beginning. I believe it will help not only consumers; it will also help suppliers to have lower prices and then be able to pass those lower prices on to consumers.

Could you tell this committee why you won't sign the code and what needs to be done to get you to sign the code?

9:30 a.m.

Chairman, Loblaw Companies Limited

Galen G. Weston

We absolutely will sign the code. We have always said that we would sign the code. We just need to sign a code that doesn't increase the risk of higher food prices to Canadians. As the code is currently drafted, our strong conviction is that it will do so.

As I mentioned before, the code was set up with the intent of improving the relationship between manufacturers and retailers. It was never designed to lower food prices. We're in a very different circumstance right now, in which food prices have been increasing across the board.

This idea that grocers are the problem, I think, is part of what has shifted the dialogue into somewhat the wrong place. I have a list here of manufacturers, all of whom have claimed that price increases have been the driver of their excellent performance over the last 12 months. That includes Pepsi in their quarterly results, Nestlé in their quarterly results, Kraft Heinz in their quarterly results, Procter & Gamble, and the list goes on. These are large multinational manufacturers, and the code of conduct has a set of clauses in it that reduces the grocers' ability to negotiate hard against those vendors.

We were able to push back on 18% of what we considered to be unjustified cost increases across the industry last year. Based on the way the code is drafted today, we will be severely restricted in terms of our ability to do that.

It's very plain to see that, in that circumstance specifically, it will lead to higher cost increases for manufacturers and that will lead to higher prices for consumers.

9:30 a.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Thank you.

I'm curious as to why Loblaw has a problem with the section of the code that deals with the need to get reliable food to our independent grocers and people who live in rural and remote communities in particular.

9:30 a.m.

Chairman, Loblaw Companies Limited

Galen G. Weston

We don't have a problem with any aspect of the code that suggests that whatsoever.

We charge a compliance fee for manufacturers if they fail to deliver to our stores the products they had agreed to deliver. The way to think about that is that we will develop an ad, a promotion. Let's say we're going to put an item on for a 30% discount. We agree with the manufacturer that they will provide the forecasted number of products for that ad.

If they are unable to deliver that quantity, which we are planning for to benefit customers, then there's a compliance charge for that failure to deliver.

If we take away the ability to hold that vendor accountable, then what we're concerned about is that the manufacturer will not give us 100% of the committed order. As a result, we will disappoint the customer because we won't have enough product for them in the store in that given week at that price, and the next time we won't be able to put it on at such an aggressive price because we will be afraid of running out.

That's another very tangible example of how the principle of the code is fine, but the way it's drafted we have concerns about.

9:30 a.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Thank you.

I'm sorry. I know time is running short.

Mr. Weston, the produce industry has the DRC and you're a member of that. The dispute resolution model being discussed is similar to the DRC system, with education as a first step. Why does this work for you but not in the code model?

9:30 a.m.

Chairman, Loblaw Companies Limited

Galen G. Weston

The drafting of this in the code hasn't been finalized. It's just an open couple of sentences. As I have mentioned before, multiple times Australia, the U.K. and Ireland have been quoted as the models we're trying to replicate with that dispute resolution system. In Australia, for example, based on our research and our understanding of the way it works, it is woefully inadequate.

Again to be clear, we're not saying no. We're not saying we don't want to sign the code. We're simply pointing out that right now there are four areas in which the drafting is not specific enough, or it's framed in such a way that it's going to put the customer at risk. I don't think any of us should be taking those kinds of risks at this point.

We have an opportunity to get this code right. Let's make sure we take the time to do it.

9:35 a.m.

Conservative

Lianne Rood Conservative Lambton—Kent—Middlesex, ON

Thank you.

What specific recommendations did you ask the Liberal government to initiate when you were here in Ottawa a couple of weeks back? Have any of those recommendations been acted upon?

9:35 a.m.

Chairman, Loblaw Companies Limited

Galen G. Weston

Yes, I did make a number of recommendations.

Number one was to review the front-of-pack labelling requirements. There is a significant incremental cost every time you have to change a packaging plate for ingredients, nutritional labelling and that sort of thing. We think there's an opportunity to use digital QR codes as an alternative, so that, instead of changing the packaging every time, we just have to update the information on the QR code. Right now, the front-of-pack labelling requirements are not going that way. That's a meaningful incremental cost.

We've suggested a pause on the P2 plastic proposal to reconsider the cost impact of that proposal to Canadians.

We lead the way in Canada when it comes to plastic packaging reduction. We're very bullish with the technological solutions that are ultimately going to be available to solve some of these problems, but right now, they don't exist. I've seen astonishing numbers that suggest that the P2 proposal could add as much as $6 billion of incremental cost to the value chain. We really have to think carefully about accelerating that one until we know that we have solutions that the industry can properly take on board.

9:35 a.m.

Liberal

The Chair Liberal Kody Blois

Thank you very much, Mr. Weston.

Thank you, Ms. Rood.

We'll now turn to Mr. Drouin online for up to six minutes, please.

9:35 a.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

Thank you, Mr. Chair.

I'd like to thank the witness for appearing before the committee a second time in less than a year.

Mr. Weston, did Loblaw help to draft the code of conduct?

9:35 a.m.

Chairman, Loblaw Companies Limited

Galen G. Weston

We've been participants in the process. We were not on the working committee.

9:35 a.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

I see, so you participated to some extent.

As you've heard from my fellow committee members, all the parties represented here—the Conservative Party, the Bloc Québécois, the NDP and the Liberal Party—agree that a code of conduct is needed.

I'm having trouble understanding the strategic decision Loblaw and Walmart made at the last minute, at the 11th hour, to pressure the other industry players. The three other major retailers don't see the issues you are raising as problematic.

Why did you do what you did? Did your legal teams have a different interpretation?

9:35 a.m.

Chairman, Loblaw Companies Limited

Galen G. Weston

The most important thing, and the thing I think we're all here to discuss—it's certainly the purpose of this session—is what we can do to lower the cost burden on Canadians, especially when they are shopping at the grocery store.

As I've said before, the code of conduct is not specifically designed to do that. We're trying to force-fit the code into a different outcome.

We have been participating in this process. We have been giving feedback on this process. We have shared the four points of concern multiple times over the last 18 months. The idea that we've dropped this on the process at the last minute is completely untrue. I shared it specifically in my remarks here six months ago. We provided the same very strongly worded perspective in our meetings with the Minister of Industry in October.

It's falling on deaf ears. We're getting no response. We're being told, “No, we're not doing that”, so yes, in the last couple of weeks, we have had to take a firmer position.

We are here being held accountable for high food prices that are not the direct responsibility of the grocery industry. Now you're asking us to sign on to something that we believe in our bones is going to do the opposite of what other people say it's going to do. They won't even talk to us about it anymore.

9:40 a.m.

Liberal

Francis Drouin Liberal Glengarry—Prescott—Russell, ON

I fully understand that, but the problem is that your view isn't the view of all five of Canada's major grocery players, which have 80% of the market. It would be different if all five players were in total agreement with you, but they aren't. From the government's standpoint, there are three major players on one side and two on the other. I'm sure you can appreciate why we would have some hesitation and concerns when it comes to your position.

I also fully understand that processors have a big share of the market. That is why adopting a code of conduct is so important: it would allow the small and big players in the industry to have a balanced discussion.

In taking the position you have, you face a risk, and it worries me. Some provinces will want to bring in their own codes of conduct. Is Loblaw prepared to operate in multiple regulatory environments, where the rules change from one province to the next?

9:40 a.m.

Chairman, Loblaw Companies Limited

Galen G. Weston

The best outcome here without question would be a code we could all sign on to. There are some other retailers who are clearly enthusiastic supporters of the code. I'm not sure whether or not they have spent time on the details of the drafting, because it is perplexing to us that they are as enthusiastic as they are about how they think this code is going to reduce prices.

It may have to do with the fact that they are not as well developed in the discount retail space as we are, as Walmart is and, for example, as Costco is. Discount stores depend on their ability to drive a hard bargain with their manufacturing counterparts. Yes, we have to do our absolute best to support small and medium-sized manufacturers and growers in this country. That's what our small-supplier program is a concrete example of actually doing.

However, the thing about this code is that it's enabling the largest multinationals in the world, which are 10 times larger than Loblaw on its own. That's a position in which we're not able to negotiate as firmly against unjustifiable cost increases. Yes, this code will and should help small manufacturers and growers, but at the same time it's going to unlock and empower the largest multinational manufacturers in the world, which are already standing in the way of lower food prices for Canadians. That is a real challenge.

As I said before, the code may sound good, but if you don't look into the details, then we are going to end up in the opposite place from what this code intends to do.

9:40 a.m.

Liberal

The Chair Liberal Kody Blois

Thank you, Mr. Drouin.

Thank you, Mr. Weston.

Mr. Perron, you may go ahead for six minutes.