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Yes, I would like to discuss the motion, Mr. Chair.
The point I'd like to make again is more procedure-related. We've heard from witnesses. Mr. Bellavance asked us to listen to witnesses on this important matter, and we have. Then they were putting together a report, which has been done. It's a draft report. Has that been circulated? Okay.
The difficulty I have from a procedural point of view is that the motion is in front of the report. It's dictating somewhat what should be in the report before we've had the opportunity as a committee to look at it. The report makes recommendations. The normal process for the committee is to listen to witnesses, have a draft report prepared and circulated to the committee, have the committee review the report, and then when there's disagreement over what the recommendations are, the wording of a particular sentence, or a paragraph that isn't quite appropriate, all this gets worked out as we review the report.
I would say to Mr. Bellavance that rather than using a motion, why don't we review the report? If you want to add these as recommendations, that's why we review the report. It's to figure out whether the recommendations in the draft are appropriate or not, or if we need to add some or take some away. That's the whole process of reviewing the report.
I find the motion is in front of our work of reviewing the report. If we approve the motion, we're agreeing on recommendations before we've even had a chance to discuss the report as a committee. I think it's important. We have members here from all parties. We all listened to the witnesses, and I think we should all have the opportunity to participate in the discussion, review the report together, and work with it as we do with any other report.
I understand what Mr. Bellavance is saying, but that's not what his motion reads. The second sentence of his motion reads: “That the Standing Committee on Agriculture and Agri-food report to the House of Commons as soon as possible the following recommendations”.
If this motion passes, this means “as soon as possible” these motions—there's no report—go to the House.
Mr. Bellavance said he worded it very carefully, so I'm not understanding why when he describes his intent—and I agree with that—he's suggesting that these be included in the report, but the motion reads that these particular recommendations be reported to the House with or without a report, yet the motion doesn't make any allowance for a report.
Chair, to clarify my earlier comments about the fertilizer witnesses who we have coming, what I want to clarify is that if this committee feels that this report takes priority, then we would have to ask those witnesses to come later. But if we don't, if this motion were to pass and this goes to the House immediately and the report is not a priority, then we should have the fertilizer people come, for sure. They've got important matters to discuss with the committee, and the sooner they come the better.
What I'm asking the committee members is what's the priority of this committee, just in the near term, for the next meeting actually? Is it to move ahead with the report, or is it to move ahead with the next witnesses?
I realize that if the fertilizer witnesses can't come it's a great inconvenience to them. However, it depends on what the priorities of the committee are.
I'd actually like to finish my comments by suggesting an amendment to the motion, something that would align the motion so that it better reflects what Mr. Bellavance just said, that it's a suggestion and that these particular recommendations wouldn't be tabled in the House “as soon as possible” outside the report.
I'm John Scott, and I'm president and CEO of the Canadian Federation of Independent Grocers. With me is Gary Sands, who is vice-president of public policy with CFIG.
I've been president of CFIG since 1991. I'm an economist and have studied the retail grocery industry in Canada, and I understand it very well.
You asked us to attend today. We did not make a request, but we're pleased to be here, Mr. Chair.
We'll provide a very quick recap of some of the competitive issues, which I understand you wish us to address, and then we'll open the floor to questions, because I think that's where you really want to go.
Two years ago we met in camera with the agriculture committee and talked at length about the competitive issues that are affecting two things. One was the viability of independent grocers across Canada, and the second was the viability of members of the farming community in some of the rural areas attempting to get their product into stores and what the reasons were behind why they could not do that. We talked about that at some length.
I'll give you a bit of a recap on what this industry is all about on the retail side.
This industry is controlled by five players. If I take the top two, Loblaws and Sobeys, they control 75% of the market. If I add an additional three, Metro, Safeway, and Walmart, they control 85% of the market. Canada is the only country that allows its major distributors to operate corporate retail stores, to franchise stores, and to wholesale all in the same market. This occurs regularly, so in essence in many cases the major distributors in Canada are continually in competition with themselves. We can get into how that works later on.
The independents in Canada are a very interesting group and can be separated into four distinct groups.
First of all, there are the full independents, the people who supply their own goods, buy directly from manufacturers, and sell into the marketplace. They are in various parts of the country: Longo's in Toronto; the Farm Boy group in Ottawa; Colemans in Newfoundland; the Grocery Store in Chesley, Ontario; the Overwaitea Food Group owned by Jimmy Pattison in western Canada; and the fast-growing Asian group, the T&T group that you see opening here in Ottawa—and I urge you to go and see that store, because it's going to be pretty interesting. This group exists; it's very strong and very entrepreneurial.
The second group are banner, which may appear to be franchised, but aren't franchised. These are people who group together for advertising purposes. In western Canada you'll see Super A , AG Foods; in southwestern Ontario you'll see L&M Food Markets. Quite a number of IGAs are banner, but not franchised. This is just to give you a differentiation. They group together for advertising and buying purposes.
Then there are the franchised stores. You'll be familiar with most of those. The most prolific, of course, is IGA. It's very strong, particularly in the province of Quebec. There's also Metro, which is very strong in Quebec. Of the Sobeys stores across Canada, about half of them are franchised and former IGAs. Also, there is Your Independent Grocer that you see here in Ottawa. There are quite a number of franchised banners—Foodland—across the country.
Then we have specialty stores, such as Pete's Frootique in Halifax, Pusateri's in Toronto, Sunterra Market in western Canada, and I can go on.
The independent grocers, if I include the franchised grocers, the full independents, and the specialty stores, represent about 40% of the market. Don't forget I said earlier that 85% of the market is controlled by the major players. That means the independents must buy from the major players in order to sell into their market.
Here are the issues the independents deal with. First of all, there's competition against these major players who can operate corporate stores, franchise, and wholesale in the same market.
There are issues of access to supply, access to national brands, and access to local supply because of certain fidelity agreements, particularly in franchised situations.
We also deal with issues related to vendors. You have to understand that most of the major distributors in Canada work with manufacturers this way: they treat their shelf space as real estate, and it costs money to get the product on the shelf. The price of putting that product on the shelf, the price of the real estate, continues to escalate at a very rapid pace. In fact, as someone said to me last week, it's unrelenting, it doesn't cease, and it's worse than anybody has seen in the last 40 years. We call that the “trade spend”, and according to some estimates, Canada has the second-highest trade spend in the world, second only to Germany. So if you look at somebody, a fully independent, that is trying to buy product from the same manufacturer, it doesn't have the same weight to get the same amount of support. So they're obviously settling for less. They're buying a product at a lesser price.
Those are some of the competitive issues we deal with. The last time we were here, we talked about some of the solutions the Government of Canada could provide. One of them involved some of the amendments passed in association with the last budget, and we thank you for that. Moving predatory pricing and promotional allowances into the civil section makes all kinds of sense, as long as they're under abuse of dominant position and there's a right to administrative monetary penalties. All of that was provided, and we thank you, and we hope that this committee had something to do with that.
However, we're going to submit to you today that those amendments won't work a whole lot and won't work very well if the bureau is unwilling to enforce the preamble to the act. The purpose of the act, as stated, and as stated on their website, is that they're not only in business to protect the consumer; they also are in business to ensure that small business has an opportunity to continue to participate in the Canadian landscape. It is stated in the preamble to the act and is stated on their website. However, when you meet with the bureau, they'll tell you that they're only interested in the consumer, and they see low prices as the panacea, period. There needs to be a bit of equilibrium here. We need to see the bureau take a good hard look at situations where an independent could be put out of business for whatever behaviour and determine whether, in the long run, that is good for the consumer. So having the bureau deal with the spirit and intent of the act is very important.
The next time you look at amendments to the Competition Act, please consider this: Put the right to civil damages into the civil section, so if someone is actually convicted under abuse of dominant position, the individual can refer to the courts for civil damages. We think that's very important.
At the current time, the biggest single issue facing us and a lot of other small people is the potential change to the debit card system in Canada. You have to understand that the rules for the debit card, and the credit card to some degree, represent a little bit of a highway. It's like a public utility, if you will. It's kind of like power. You've had a defined agreement since around 1995, signed with the Competition Bureau, that sets Interac up as a non-profit organization at certain fee levels. You have to understand that independent grocers pay anywhere from three to five cents per transaction for the right to use those cards. But some of the larger retailers in Canada own their own credit cards, and they're not subject to those kinds of fees. If we move into an unregulated environment, as is being proposed by the banking system and Interac itself, you run the potential of increasing those fees and exacerbating the competitive landscape, which currently, as I said before, can be considered almost a public utility. That is very important.
I urge you to take heed of the hearings under way currently in the Senate and later in the industry committee on that issue of the debit and credit card, because it could affect the competitive landscape of this industry quite dramatically.
Mr. Chair, we know that you have a specific interest in food safety. We appreciate the work we've done with the Government of Canada over the last five years in food safety. We, together with the major distributors, developed a food safety protocol in this country, and with the assistance of the APF in the last three years, we have run training sessions across the country on a very comprehensive food safety system. We've been very pleased with the results, so pleased that last year we even translated the manual into Mandarin and ran Mandarin sessions in various markets in Canada. So we think we're doing a lot in food safety. We do not believe that food safety is a competitive issue. We believe that it's something everybody needs to be involved in. I wanted to express our appreciation to the Government of Canada for the support they've given us and independent grocers in ensuring that the food safety protocol can be implemented cost-effectively across the board by any retailer, regardless of size.
Mr. Chair, those are just some opening comments. I thank you for the right to appear. I'm not sure where you want the dialogue to move, but based on my background and that of Mr. Sands, who has been with CFIG for 13 years, we know this industry pretty well, and I think we can handle most of your questions.
Thank you.
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First, the trend toward ”buy local”, the carbon footprint, is prevalent in Canada. One of the most interesting things is that despite what's come as a result of the recession, the consumer is still looking at local product as a good product. We have very savvy consumers in Canada, and they are looking at health and wellness. And an interesting corollary to that is that consumers are buying less of a product but ensuring it's a healthy product. So it's an interesting change from previous recessions.
The distribution systems for the major distributors are very well defined and they do move through central warehouse systems. Having said that, there are several things you can do. First, in Toronto we have something called the terminal. Product comes into the terminal--and you may be familiar with that, sir, I'm not sure where you're from--from all over the world, but it comes in particularly from Ontario. Every day everybody, including the major corporate chains, goes down there and buys that product. That fresh product is in their stores later on that day.
We only have one terminal in Canada, Mr. Chair. It wouldn't be a bad thing to look at whether we need a terminal in Montreal and a similar terminal in Vancouver. We could easily do that kind of thing, and that does two things. It helps the farmer and it also helps the independent grocer and the food service group differentiate themselves from all others. It's very important, and I'd consider that.
I'd like to come back to something we talked about the last time we were here. It was a different committee composition then, and for some of you, your eyes will glaze over when I talk about this.
The franchise agreements that the major players have in place have a fidelity clause in them that ensures the majority of product must be bought through wholesale. That's why, when the local farmer comes to the store with his corn, the store says it can't buy it because he's going to have to go to its franchise or sell it through that company. If he's only allowed to buy 5% outside the fidelity agreement, it's not very much, because you get shorted over the winter and you have to buy milk here or whatever and it goes away very quickly.
Last year, when the mania for “buy local” became very hot, you saw even the major players in Canada say they were into “buy local” now. That was pretty interesting. You saw them back off on those fidelity agreements. You need to make sure that back-off is permanent. They've done that in the province of Quebec. It is very strong on buying local, but that's something we need to encourage right across the country, because it's very healthy and it's good for the local farmer and it's good for the local independent. It is. That's what I would do.
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Wal-Mart is another major player that's come into the market. CIBC World Markets reported on this earlier this year. It isn't necessarily the independent that gets hurt by Wal-Mart coming into the market. Of course, anybody that comes in and sells food.... I mean, we've even been going to Canadian Tire and buying Kraft Dinner every once in a while these days. It's a little silly right now. When there's a major competitor coming into the market, you need to be efficient against them. There isn't any independent that's in business because they're afraid of that competition. We have some very smart entrepreneurial independents in the market right now.
CIBC World Markets were able to prove that the more inefficient store goes out of the market. In fact, in all cases across the country, there is no record of an independent going out of business because of Wal-Mart opening, but there is evidence of major distributors closing stores.
Now, what impact is Wal-Mart having through the chain? That's a different question. Wal-Mart can buy at a lower price than anybody else because it buys worldwide. Even Canadian manufacturers are going to Bentonville, Arkansas, to plead their case, so obviously they're buying at a certain price. Then you have to back up and realize that the major distributors in Canada I talked about, in order to compete, are competing on price. They need to get that same price. That creates pressure from them to buy better from the manufacturer, so that's where the pressure comes onto the manufacturer to support their products even more, to spend more money to support the product and to get it on the marketplace.
Our people can't do that. The independent can't do that, so the independent needs to be very wily to compete in this current marketplace. It is very difficult, sir.
Is there a solution to it? As the bureau will tell you, that's good for consumers in the short run. I'll submit to you that in the long run, when all you have are major distributors to buy from, you'll lose your markets for your crops, and you'll lose the rich diversity we have in Canada in retail.
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Thank you for your testimony.
We are talking about competitiveness in the agrifood industry, and you are obviously a major player. In fact, you are the place where consumers go to buy food. Nonetheless, food can be found at Canadian Tire. Recently, I was impressed to see there was much more there than before. Normally, I go to the drugstore to buy certain kinds of products. Some would say that I obviously need many beauty products and medications, among other things, but nonetheless, I don't go to the drugstore to buy food. Yet there is more and more food to be found at the drugstore. Fortunately, most people still go to grocery stores to buy the food they eat every day. So you are a major player, and your testimony is very useful indeed.
Mr. Scott, you say that people in Quebec are extremely aware of the importance of local purchasing, and that's true, but I would like to make you aware of something that is becoming applicable everywhere. Just recently, in my riding, a honey producer that dealt with local groceries received a very important letter from Loblaws: the letter stated that, if the producer wanted to continue being a Loblaws supplier, it would have to go through their Toronto warehouses. That local producer was selling its honey without going through a middleman. It was a win-win situation. Since the honey didn't come from China, or anywhere else in the world, there was no long distance shipping involved and no greenhouse gas production was associated with transporting the honey.
You can see how ridiculous this is. The producer would have to provide a large quantity of honey, which it cannot do. Many producers who have been affected by this measure will have to ship their products to Toronto from Victoriaville. The products will then leave Toronto and be shipped back to the areas around Victoriaville, my area. The economics of this are absurd. You have to be certified by headquarters in Toronto before you can sell your products locally. What makes everyone so angry is that the grocer can't tell the people in his own chain that he wants a given product because he knows the product and his customers want it. The whole thing is completely ridiculous.
I know that, when you were with the Competition Bureau, you came to speak to us. Today, do you still believe that the Competition Bureau legislation can help us deal with situations like this? When I read how the abuse of a dominant position is defined, I wonder whether the example I have just given you could be qualified as abuse of a dominant position. In my view, it can.
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Sir, I congratulate you. You just described the key issues in this industry extremely well. Everything you said is absolutely right, and that will continue. The only thing I think you missed is how much money they asked prior to the listing of the product, because that continues. If you want to be listed through the central system, how much more money do you have to pay to do that? I think you'll see that exists as well.
On the issue of abuse of dominant position, let's go back to where we were before, which was that these issues had to be dealt with in criminal court. As of the most recent amendment that was passed, these issues are now under “abuse of dominant position”. If they are truly anti-competitive--in other words, designed to put this company out of business or have the effect of putting this company, which is a small business, out of business--then I would suggest the bureau should take a look at it.
The bureau will not take a look at it, however, under their current philosophical guidelines, which means they're only interested in the end price to the consumer. Despite the fact that the preamble to the act, which we have here, says the bureau is going to look at some modicum of protection for small business to maintain stability in the marketplace, they don't act in that regard. So as long as the bureau is only going to work on the premise of low prices to the consumer, they will not look at this.
However, the act and amendments to the act do provide for what you're talking about. There are sufficient penalties to suggest that abuse of dominant position can be dealt with now. These were good amendments, folks. Now they have to act on them, and that's going to take directive from the industry ministers responsible for it to say, “Look, part of what you do now is not just low prices to the consumer. Let's look at the long run and the impact on the small-business sector.”
There isn't a party here that doesn't talk extensively about the contribution of small business to the economy when you're going for election. It's exactly that. Let's show how we can provide some protection. That's your instrument, sir.
I'm going to use you for my future seminars, because you're good at that.
Voices: Oh, oh.
Thank you very much. Your presence here is very timely.
You mentioned credit cards and Interac. Actually, at the instigation of two managers of independent grocers in my riding and others, I wrote a letter to both the Minister of Industry and the Minister of Finance to explain the situation. I would encourage all of my colleagues to do the same, because I think everybody's on board. I think we just have to make sure we get that, so we don't allow Interac to crank up those rates.
You may or may not know, but I'm in the process of doing a tour across the country on food security and food sovereignty. I know that Wayne's party, the Liberal Party, has undertaken consultations. We've had a number of recommendations in our committee in the past where everybody's been on board about food security and all of that. I think it's safe to say that everybody is on board with the idea of supporting local agriculture and local small business, but we just have to find ways of doing that.
One of the threads from my hearings is that there are obstacles. One of them, of course, is the trade agreements, where we've seen statistics on the reduced numbers of producers because of the free flow of produce coming in from the States and Mexico. The other one, of course, is the distribution system, which you touched upon. Another example I was told in Sudbury is that a potato grower has to ship her potatoes to Toronto so they can come back to stores in Sudbury. We have the same phenomenon in British Columbia, and the recommendation is that governments will somehow have to do something about that.
You mentioned the Competition Bureau within the existing system—and we can fix that. But what other steps could we take, either the federal or provincial governments, to ensure that local producers have a market for their produce, that you folks are able to buy produce—and not only the independent grocers, but the big chains also? You've given some other suggestions in regard to the terminals. What specifically could we do today at this level to keep you folks in business with as much local produce from, and support for, local farmers as possible?
There are different levels, of course. If there weren't room for the majors—the Superstores, the Wal-Marts, and the Costcos—they wouldn't be there. There's a group of consumers who are going to buy price all day long.
But you bring up an interesting point. I actually do a seminar on this. You don't want to hear it; however, consumers are coming up currently in four key areas. I think this is really important, and we're just seeing it happen. One is consumers after value, whatever that means—it's not necessarily price. For example, we have a company that took most of the salt out of their soup. Despite the fact that the company's soups are priced a little higher than some of the others, those soups are selling very well.
That's the second point. Consumers are after health and wellness. They read labels. They appreciate the “front of pack” symbols that give nutritional facts. They read them, they know them, they ask great questions, despite the recession.
The number three thing is that consumers are changing their habits in terms of discretionary buying. A year ago, 50% of consumers bought their lunch at the grocery store. Today, it's 80% who buy their lunch at the grocery store. Now there is a pre-planned purchase. I know that's hurt a lot of restaurants; that's the effect of a recession.
But here comes the nub of your question, sir. The consumer has not walked away from local purchasing or sustainability; in fact, the sales of independent grocers across Canada who specialize in it—and I can go by name across the country—are up since the recession started. As I said earlier in my opening remarks, a lot of what the consumer is doing is cutting back on quantity and sticking with value and “better for you” products.
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Let me add that our interests are also the interests of the farmers and the processors, and it's been a difficult challenge for us, with all due respect to that sector, to get them to understand that. There are a lot of opportunities that exist between the on-farm sector and the retailers.
If independent retailers see the Interac system, for example, move to a for-profit basis and our fees triple, that becomes bad news for independent retailers. Since 1992, by the way, we've lost 15,000 independents. It's bad news for the whole chain, and with all due respect, it should therefore be bad news in this committee's view as well. We would urge you to look at this issue from that perspective.
We don't like to use the phrase “level playing field,” because when you have the concentration in the food industry that you have in this country there is no level playing field. Our interest is just ensuring that we stay on the field. Inadvertently, sometimes, governments make regulations and do things or allow things to happen that change the competitive landscape. If the fees for Interac triple, for the independent retailers it's disaster, and it will ripple right through the entire system. And unfortunately—we're coming back to what we talked about earlier—there's a systemic problem with the Competition Bureau.
Mr. Scott and I had this discussion just a few weeks ago with the bureau. They don't get what I just said. All they see is that Interac will be competing with the credit card companies, and isn't that wonderful? Great news! Well, you know what? When the independents continue to go out of business, that's bad news. It's going back to what Mr. Scott said earlier: the bureau needs to take a good, hard look.... Take it home and read it at night, and read your preamble. When we're gone, everybody is hurt. That's what they're not seeing.
I'm sorry to get passionate about this, but it's extremely frustrating. It's a systemic problem.
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It does not with the independents, but it does in terms of the majors. Okay.
The other point that was made, which is an area I think we can move in as a committee, related to the food terminals. There's no question that we are a big country. I think that intrigues a lot of us on this committee.
You have experience right across the country in terms of the best locations for food terminals, and we are five regions. I don't know how many we need to be looking at, but based on your experience, if you had the magic wand, where would the best location be?
Just as I think Bev Shipley said earlier, I wouldn't see money coming out of it for CAIS or some of our farm programs, but maybe it could be in terms of some of the federal-provincial agreements. There are major moves on infrastructure spending. Now, when the country needs stimulus, is the time to do some big things. Maybe there's a proposal, and discussions on food and changing the system are popular right now. The public's listening. They're listening on food safety, food security, and food sovereignty.
In your mind, where would the best place be, and how many would be needed? We're not going to hold you to it, but what would be your suggestion on needs for food terminals, and in what geographic regions would they be?