The Office of the Grocery Sector Code of Conduct (OGSCC) is launching a targeted information-gathering exercise with Code Members in response to concerns that have been raised with the Office regarding certain practices related to commercial agreements.

As part of the mandate to oversee the effective implementation of the Canada Grocery Code, the OGSCC seeks to better understand how agreements are presented, accepted, and amended in practice, particularly as they relate to Sections 1.1–1.4 of the Code (Good Faith, Mutual Consent, and restrictions on unilateral alterations).

At this stage, the OGSCC is not making any determination as to whether particular practices are compliant or non-compliant with the Code. Rather, the objective is to gather factual, real-world information from across the sector so that assessments can be made whether additional guidance may be helpful to members. 

The Office has heard concerns regarding two specific areas:

·     The use of “click-to-accept” or similar standardized digital processes to enter into or amend agreements; and

·     The inclusion and operation of clauses that permit one party to make unilateral changes to agreements.

To ensure that any future direction is informed, balanced, and evidence-based, OGSCC is seeking input directly from Code Members about their experiences with these practices. Deadline is March 31, 2026. 

Importantly, by launching this exercise, the Office is not expressing a view on whether these practices are compliant with the Code. The aim is to understand how they operate in practice across different segments of the industry before determining whether guidance may be required. 

This initiative is:

·     A targeted information-gathering exercise from code members only

·     Anonymous

·     Focused on sector-wide understanding

·     Intended to inform a potential future guidance decision