Friday, November 18, 2022

Loblaw bolsters evil reputation by reporting huge profits as grocery prices skyrocket

MR.EVIL GALAN WESTON

 blogTO 

Executives at Loblaw Companies Ltd. are likely celebrating today as the Canadian retail giant reports an enormous, stock price-boosting, 30 per cent increase in profits over last year at this time.

Those who aren't shareholders of the Loblaw's and Shoppers Drug Mart parent company (read: the vast majority of Canadian consumers) are more like, "wtf? seriously?"

It's been less than a month since the conglomerate's heir and CEO, Galen Weston Jr., sparked widespread ire with a tone-deaf email announcing a temporary price freeze on all No Name brand products.

Critics found it a bit ironic (if not enraging) that one of Canada's wealthiest people was acting like a martyr for lowering the prices of his already-inflated food products, and that his promotional email claimed the move was meant to "help make a meaningful difference to your grocery budget at a time when you may need it most."

It was Weston's assertion in that email that the fast-rising cost of groceries at Loblaw's was due to supplier costs and "maddeningly, out of our control." (Interestingly, a still-live version of that email blast has been retroactively amended to omit this line.)

Federal regulators have since begged to differ with the whole "out of our control" thing, launching an investigation into the high profits being reported by grocery store executives who keep arguing that consumer food prices are skyrocketing due to inflation.

Inflation has undoubtedly impacted grocery prices, but not as much as to justify the rate of price creep at Canada's largest supermarket chains (the same chains that intentionally fixed the price of bread for 15 years before getting caught in 2017.)

Not only do prices for specific items vary widely from store to store, even those under the same banner, the cost of these products have risen faster than actual inflation rates — some 9.7 per cent vs. 7.7 per cent as of this summer, per Statistics Canada.

"With inflation on the rise, Canadian consumers have seen their purchasing power decline. This is especially true when buying groceries. In fact, grocery prices in Canada are increasing at the fastest rate seen in 40 years," wrote the Competition Bureau of Canada when announcing a probe into grocery store profits last month.

"Many factors are thought to have impacted the price of food including extreme weather, higher input costs, Russia's invasion of Ukraine, and supply chain disruptions. Are competition factors also at work? To find out, the Bureau will study this issue from now until June 2023."

Are grocery magnates actually gouging consumers when food bank usage is at an all-time high? The bureau has yet to decide, but some analysts have argued that, yes, some items are being falsely marked up under the guise of inflation.

Whatever the case, Loblaw — which owns Loblaws, Shoppers Drug Mart, Real Canadian Superstore, No Frills, Joe Fresh, Zehrs and more — has really been raking it in.

In a financial release issued Wednesday, Loblaw Companies Ltd. reported that adjusted gross profits for retail had risen by 30.8 per cent in the third quarter of 2022, compared to Q3 2021.

"Loblaw's efforts to moderate cost increases and provide superior value to customers through its PC Optimum Program and promotions resulted in strong sales and stable gross margins in Food Retail," reads a release accompanying the earnings report.

"Sales were led by strong performance in Discount banners such as No Frills and Real Canadian Superstore, and a continued shift to private label brands including President's Choice and no name. In Drug Retail, revenues benefited from elevated sales of higher margin categories like beauty, cough and cold."

All in all, the corporation boosted its adjusted net earnings for common shareholders to $663 million, up $123 million year-over-year, representing an increase of 22.8 per cent.

Said Loblaw in a statement on Wednesday: "Today we provided clear evidence that we are not taking advantage of inflation to drive profit. While food costs and prices have increased, our mark up on food has remained flat over the past year."

The corporation can say what it wants about inflation and price gouging, but their evidence is anything but clear.


Loblaw, Metro pressuring food 

suppliers as profit soars

Loblaw, Canada's largest grocery retailer, saw total sales surge 8.3 per cent annually to $17.4 billion in the quarter ending Oct. 8. (REUTERS/Chris Wattie)

Loblaw (L.TO) and Metro (MRU.TO) each reported growth in sales and profit on Wednesday and say they are pushing back against suppliers' continued price increases as food inflation remains high in Canada.

Loblaw, Canada's largest grocery retailer, saw total sales surge 8.3 per cent annually to $17.4 billion in the quarter ending Oct. 8, while its profit jumped 29 per cent to $556 million. Same-store food sales, a key metric in the retail industry that excludes sales at newly opened stores, increased 6.9 per cent in the quarter, while drug retail sales jumped 7.7 per cent.

Total sales at Metro in the quarter ending Sept. 24 grew 8.3 per cent annually to $4.4 billion, "mainly due to higher inflation in this quarter", the company says. Net earnings in the quarter increased 9.4 per cent to $219 million, when adjusted for the impact of an impairment charge related to withdrawing from the Air Miles loyalty program and the amortization of Jean Coutu intangible assets.

The rise in profit and revenue comes as food prices continue to run hot in Canada, raising the pressure and scrutiny on Canadian grocery retailers. Grocery store prices jumped 10.1 per cent year-over-year in October, Statistics Canada reported on Wednesday, a slight slowdown from the 41-year highs reported the month before.

'The company is not taking advantage of inflation'

Both Loblaw and Metro say they have faced increased costs from food distributors, but add that they are pushing back against price hikes.

"We have seen unprecedented cost increases from our suppliers this year and we continue to receive new cost increases," Loblaw chief financial officer Richard Dufresne said on a conference call with analysts following the release of earnings on Wednesday.

"Part of our job is to evaluate these and push back where they do not make sense. We have done that vigorously over the last two years and will continue to do so going forward. Our objective is to make sure that our (prices) on the shelf do not rise faster than supplier costs."

Loblaw reported a gross margin of 30.8 per cent in the quarter, up 10 basis points from the same quarter last year. Gross margin is the amount of profit made on goods measured as a percentage. The company said the increase was driven by sales in higher margin items like cosmetics and over-the-counter drugs. Dufresne said Loblaw's gross margin for food has stayed "essentially flat" as inflation has soared.

"This gives us the confidence to categorically say that retail prices are not growing faster than costs and the company is not taking advantage of inflation to drive profit," he said.

Metro reported a gross margin of 20.4 per cent in the quarter, and while it also did not disclose specific figures, it said food margins were down slightly while the pharmacy margins were up.

Metro's chief executive Eric La Flèche says that while inflation is expected to moderate, the outlook for prices remains uncertain as the company continues to receive requests from its suppliers for price increase in February.

"We're negotiating hard with our suppliers to mitigate that. We want them to justify that and we're pushing back because there is resistance for sure from customers," La Flèche said.

"If the vendors want to keep their volumes, the cost increases will have to moderate."

The Competition Bureau of Canada launched an investigation in October to study grocery store competition in Canada in the wake of soaring prices. The federal agriculture committee is also digging into grocery store profits, with testimony expected from the heads of the country's biggest grocery store chains, including Loblaw, Metro and Empire (EMP-A.TO). 

With food prices soaring, both retailers said customers are increasingly turning to discount stores, such as Loblaw's No Frills and Metro's Food Basics.

"We're seeing a lot more Mercedes and Range Rovers in the parking lots in those (discount) stores than would have been the case before," chairman and president Galen Weston told analysts.

"Who knows how many of those customers will ultimately stay in the discount format, but that discount growth has been has been prevalent across our industry... the discount formats are successfully converting higher income customers."

La Flèche said the shift from conventional stores to discount brands is driving the company's sale growth, and that customers are increasingly turning to private label brands that feature lower prices.

Alicja Siekierska is a senior reporter at Yahoo Finance Canada. Follow her on Twitter @alicjawithaj.

'Mercedes and Range Rovers:' Loblaw's discount chains attract higher-income shoppers

Brett Bundale, The Canadian Press
Nov 16, 2022

More wealthy shoppers are prowling the aisles at discount grocery stores in search of deals amid soaring food inflation, Loblaw Companies Ltd. said Wednesday.

"We're seeing a lot more Mercedes and Range Rovers in the parking lots in those (discount) stores than would have been the case before," chairman and president Galen G. Weston told analysts during a conference call to discuss the grocer's latest results.Sign up to get breaking news email alerts sent directly to your inbox

"The discount formats are successfully converting higher-income customers."

His comments came as Loblaw reported its third-quarter profits rose about 30 per cent compared with a year ago.

The grocery and drugstore retailer said its net earnings available to common shareholders totalled $556 million for the quarter ended Oct. 8, up from $431 million in the same quarter last year, while revenue climbed to $17.39 billion in the quarter, up from $16.05 billion in its third quarter of 2021.

Food retail same-store sales rose 6.9 per cent, led by the grocer's discount banners, including No Frills and Real Canadian Superstore.

"Performance in our discount banners continued to strengthen as market share and traffic improved year over year," Loblaw chief financial officer Richard Dufresne told analysts.

"We continue to see a larger share of wallet spend in our discount banners."

The grocer also noted a continued shift to private-label brands like President's Choice and No Name.

Loblaw has recorded "an enormous amount of new trial" of customers buying its No Name brand, Weston said.

"I don't know what it was like in the 1980s but certainly in my time in the business I haven't seen this kind of growth in an opening-price-point brand ever," he said. "It's pretty significant."

One of the key drivers of No Name sales is the brand's broad assortment, including in the produce aisle where inflation has been acute, Weston said.

Meanwhile, the President's Choice brand is also growing, though not at the same rate as No Name, he said.

In September, the price of food purchased in stores rose 11.4 per cent compared with a year earlier, the fastest pace since 1981, Statistics Canada said.

The agency said Wednesday the price of food from stores in October was up 11.0 per cent compared with a year earlier, a somewhat slower clip than the previous month, but still the eleventh consecutive month where groceries increased at a faster rate year over year than the overall consumer price index.

Loblaw said Canadian retail food inflation remained among the lowest of G7 countries but that "global inflationary forces continued to increase the cost of food in the quarter" and that it continues to field new cost increases from suppliers.

"We are largely dependent on what suppliers ask us to pay for their products," Dufresne said. "Suppliers determine the cost and we determine the retail prices."

Dufresne added: "Our objective is to make sure that our price on the shelf does not rise faster than supplier costs."

Loblaw tracks its margins closely, he said, and every quarter since inflation took off last summer the company's food gross margins have been essentially flat.

"This gives us the confidence to say categorically that retail prices are not growing faster than costs and the company is not taking advantage of inflation to drive profit," Dufresne said.

On an adjusted basis, Loblaw says it earned $2.01 per diluted share, up from an adjusted profit of $1.59 per diluted share a year ago.

Analysts on average had expected a profit of $1.96 per share and $16.85 billion in revenue, according to estimates compiled by financial markets data firm Refinitiv.



Ghost Robotics responds to Boston Dynamics lawsuit


Boston Dynamics’ Spot (left) and Ghost Robotics’ Vision 60.

Ghost Robotics has responded to the patent infringement lawsuit recently filed by Boston Dynamics.

Earlier this week, we learned that Boston Dynamics is suing competitor Ghost Robotics for allegedly infringing on seven patents related to the former’s Spot quadruped robot. Filed in Delaware Federal court on November 11, 2022, Boston Dynamics takes issue with both Ghost Robotics’ Vision 60 and Sprint 40 quadrupeds.

Boston Dynamics was founded in 1992 and has worked on a variety of legged robots, both two-legged and four-legged versions. Ghost Robotics was founded in 2015 and has focused exclusively on quadrupeds.

According to the complaint, “Boston Dynamics’ early success with the Spot robot did not go unnoticed by competitors in the robotics industry, including Ghost Robotics.”

Here’s what Boston Dynamics told The Robot Report earlier this week via email: “We do not comment on the specifics of pending litigation. Innovation is the lifeblood of Boston Dynamics, and our roboticists have successfully filed approximately 500 patents and patent applications worldwide. We welcome competition in the emerging mobile robotics market, but we expect all companies to respect intellectual property rights, and we will take action when those rights are violated.”

Ghost Robotics just sent the following statement to The Robot Report:

“Founded in 2015, Ghost Robotics has quickly grown to become the number one supplier of legged robots to US and Allied Governments. The flagship Vision 60 robot offers best-in-class endurance, speed, weather protection, and field repairability. It is the only legged robot on the market that is capable of operating in all environmental conditions for sustained, real-world missions to improve efficiency and save lives.

“Evolving from close customer collaboration, coupled with exceptional innovation at Ghost Robotics, these capabilities have led to rapid adoption by US Air Force, Army, and Special Forces as well as Allied Governments including the UK, Australia, Israel, Germany, Singapore, and the Republic of Korea Blue House.

“Ghost Robotics was born out of the PhD research of CTO Avik De and CEO Gavin Kenneally, under the tutelage of the esteemed Prof. Dan Koditschek at The University of Pennsylvania. Prof. Koditschek is a pioneer in the field of legged robots and holds the patent (jointly with his former students, Martin Buehler and Uluc Saranli) for the first battery-powered, dynamic legged robot, RHex (US6481513B2, filed March 14, 2001).

“Ghost Robotics’ success has not gone unnoticed by Boston Dynamics. Rather than compete on a level playing field, the company chose to file an obstructive and baseless lawsuit on November 11th in an attempt to halt the newcomer’s progress. Boston Dynamics is drawing on their considerably larger resources to litigate instead of innovate.

“Ghost Robotics strongly believes that fair competition drives the market and looks forward to a thriving legged robot industry, for the benefit of humanity.”

These are three of the first quadruped robots to ever be available commercially. We will keep an eye on how this plays out in court. Other quadruped makers include ANYbotics (Switzerland) and Unitree Robotics (China).

Ghost Robotics fires back against ‘baseless’ Boston Dynamics lawsuit

A legal dispute over robotic patents is devolving into a war of words, as Ghost Robotics fires back against Boston Dynamics. The Philadelphia firm calls the suit both “obstructive and baseless” in a statement sent to TechCrunch. It notes, in part,

Ghost Robotics’ success has not gone unnoticed by Boston Dynamics. Rather than compete on a level playing field, the company chose to file an obstructive and baseless lawsuit on November 11th in an attempt to halt the newcomer’s progress. Boston Dynamics is drawing on their considerably larger resources to litigate instead of innovate.

Ghost’s statement, in which it refers to itself as “the number one supplier of legged robots to US and Allied Governments,” follows press reports of a lengthy suit filed by Boston Dynamics in a Delaware court. It adds that the company has its roots in its own legged robotic research, writing, “Ghost Robotics was born out of the PhD research of CTO Avik De and CEO Gavin Kenneally, under the tutelage of the esteemed Prof. Dan Koditschek at The University of Pennsylvania. Prof. Koditschek is a pioneer in the field of legged robots and holds the patent (jointly with his former students, Martin Buehler and Uluc Saranli) for the first battery-powered, dynamic legged robot, RHex (US6481513B2, filed March 14, 2001).”

On Tuesday, Spot’s maker told TechCrunch that it doesn’t comment on pending lawsuits, but added,

Innovation is the lifeblood of Boston Dynamics, and our roboticists have successfully filed approximately 500 patents and patent applications worldwide. We welcome competition in the emerging mobile robotics market, but we expect all companies to respect intellectual property rights, and we will take action when those rights are violated.

In the suit, Boston Dynamics cites multiple letters, including cease and desists, calling on Ghost to suspend the manufacture of its own four-legged dog robots over several alleged patent violations.

It’s not the first time to two companies have butted heads. Ghost made national headlines after images surfaced of one of its dog robots sporting a SWORD Defense Systems Special Purpose Unmanned Rifle (SPUR).

A drawing from Boston Dynamics’ suit. Image Credits: Boston Dynamics

The company’s then-CEO Jiren Parikh (who passed away in March of this year) told TechCrunch at the time,

We don’t make the payloads. Are we going to promote and advertise any of these weapon systems? Probably not. That’s a tough one to answer. Because we’re selling to the military, we don’t know what they do with them. We’re not going to dictate to our government customers how they use the robots.

We do draw the line on where they’re sold. We only sell to U.S. and allied governments. We don’t even sell our robots to enterprise customers in adversarial markets. We get lots of inquiries about our robots in Russia and China. We don’t ship there, even for our enterprise customers.

Last month Boston Dynamics joined a number of follow robotics firms in an open letter condemning the practice of weaponizing robotics. The letter notes, in part,

We believe that adding weapons to robots that are remotely or autonomously operated, widely available to the public, and capable of navigating to previously inaccessible locations where people live and work, raises new risks of harm and serious ethical issues. Weaponized applications of these newly-capable robots will also harm public trust in the technology in ways that damage the tremendous benefits they will bring to society.

Boston Dynamics is seeking unspecified damages in its suit.


MIT's Boston Dynamics Is Suing Ghost Robotics Over Robot Dog Plagiarism

The U.S. Air Force was reportedly testing Ghost Robotics' robot dogs in 2021.

By Kevin Hurler
Published Wednesday 

Boston Dynamics wants to ensure its place in the creepy robot dog market. The tech company has filed a complaint against Philadelphia-based Ghost Robotics claiming that the latter has infringed on Boston Dynamics’ patents.

The complaint, which was obtained and reported on by The Register, alleges that Ghost Robotics copied Boston Dynamics’ schtick of a semi-autonomous robot dog with their Vision 60 and Spirit 40—a robot that resembles Boston Dynamics’ Spot. Boston Dynamics points out in the 110-page complaint that the way Vision 60 and Spirit 40 collect sight information, process environmental data, and even climb stairs could be an infringement of several patents the MIT spinoff has gotten approved since its founding in 1992. Boston Dynamics is also demanding a jury trial.

“Boston Dynamics, with its early roots in the robotics industry, has been and continues to be a pioneer and leading innovator in developing quadrupedal and bipedal robots,” the complaint reads. “Boston Dynamics’ early success with the Spot robot did not go unnoticed by competitors in the robotics industry, including Ghost Robotics.”

The Register points out that Ghost Robotics—and their terrifying robot dogs—have visited Tyndall Air Force base in Florida in 2021 to “add an extra level of protection,” according to an Air Force press release. Ghost Robotics also visited Nellis Air Force Base in Nevada in 2020 to test out their dogs according to a Business Insider article, which also reports that the company received an Air Force contract in April of 2020.

Much the same way dogs are man’s best friend, Boston Dynamics and Ghost Robotics are law enforcement and armed forces’ best friends. As Gizmodo has covered extensively in the past, Boston Dynamics has cashed in on national security—having previously partnered with the Defense Advanced Research Projects Agency on their Atlas disaster response robot. Ghost Robotics has also been teaming up with the armed forces as their tech is slated to help patrol the U.S. southern border.

But when Boston Dynamics’ Spot originally went on sale, there was a can’t use it for evil clause. The company has been adamant about its robots not being used for weapons or to harm people, where as Ghost Robotics seems totally happy to go all-in on military. Still, the U.S. Military’s Defense Advanced Research Project Agency was an early backer of Boston Dynamics, but the company has since pivoted its focus to more civilian spaces. With that in mind, Boston Dynamics could be feeling the heat from a competitor in a space they typically control, hence the complaint.
T. rex could have been 70% bigger than fossils suggest, new study shows

The largest T. rex to ever live may have weighed up to 33,000 pounds.


Paleontologists estimate that the largest T. rex may have weighed 33,000 pounds. (Image credit: Puwadol Jaturawutthichai/Alamy Stock Photo)

There's no denying that Tyrannosaurus rex was one of the biggest and baddest dinosaurs to ever walk the planet. But exactly how big could this ferocious dinosaur get? In a new investigation, researchers attempted to answer that question.

Paleontologists from the Canadian Museum of Nature in Ottawa, Ontario, estimated that the largest T. rex may have tipped the scales at a whopping 33,000 pounds (15,000 kilograms), making it heavier than an average school bus, which weighs about 24,000 pounds (11,000 kg). The scientists presented their findings on Nov. 5 at the Society of Vertebrate Paleontology's (SVP) annual conference in Toronto.

Currently, the heftiest T. rex on record is a specimen nicknamed "Scotty," which weighed 19,555 pounds (8,870 kg) when it was alive — about as much as 6.5 Volkswagen Beetles.

According to the new research, the largest T. rex "would have been about 70% bigger" than Scotty, said study co-author Jordan Mallon(opens in new tab), a research scientist and head of palaeobiology at the Canadian Museum of Nature. "That almost doubles the size of T. rex," Mallon told Live Science.

To reach this weighty conclusion, the scientists first examined the fossil record, which shows that approximately 2.5 billion T. rexes once lived on Earth. However, only a small fraction — just 32 adult fossils(opens in new tab) — have ever been discovered, giving the scientists a limited amount of information to pull from.

Related: ‘Bold theory’ that Tyrannosaurus rex is 3 species gets stomped to pieces

Mallon and co-author David Hone(opens in new tab), a senior lecturer and deputy director of Education at Queen Mary University of London, also looked at population numbers and average life spans to create a model of the largest possible T. rex. They also considered variations in body size based on sexual dimorphism — size differences between the sexes of animals within a species.

"We wound up building two models — one exhibiting zero dimorphisms and one with strong dimorphism," Mallon said. "If T. rex was dimorphic, we estimate that it would have weighed up to 53,000 pounds (24,000 kg), but we rejected that model because if it were true, we would have found even larger individuals by now."

Using this data, the scientists were able to model T. rex’s growth curve throughout its lifetime — and estimate how big an adult might have grown.

Mallon cautioned that until a T. rex is found that is comparable in size to the one in the model, the model’s conclusions are purely speculative.

"This is simply a thought experiment with some numbers behind it. It's something that's fun to think about," Mallon said.

Indeed, the investigation highlights how challenging it is for paleontologists to draw conclusions about dinosaur species from a very limited fossil record.

RELATED STORIES

Why did T. rex have such tiny arms?

Not just tiny arms: T. rex also had super small eyes to accommodate its big bite

Famous T. rex had a bone infection, new medical scans reveal

"This reminds us that what we know about dinosaurs isn't much at all, since the sample sizes are so small," Thomas Carr(opens in new tab), a vertebrate paleontologist from Carthage College in Kenosha, Wisconsin, who wasn't involved in the new research, told Live Science. "Right now, we are nowhere near the sample size needed, especially when compared to other species of animals."

Carr, who attended the SVP conference, added that it’s plausible T.rex may have been much bigger than any individual scientists have found so far

"It's truly a stupendous animal," Carr said. "To imagine a T. rex of that magnitude is extraordinary, and I think an animal of that size is within reach statistically."

 New Brunswick

N.B. Power backtracks on handing heat pump contract to one company

$30-million program now open to all qualified installers

The Enhanced Energy Savings Program offers free mini-split heat pumps and upgraded insulation, along with free installation of both, to homeowners who use electric baseboard heating and have a combined gross household income under $70,000, according to a government news release. (Danny Arsenault/CBC)

N.B. Power has backtracked on a decision to give all the work from a $30-million energy efficiency program to one company, but competitors still aren't happy with the process. 

Daniel Goguen, the owner of Moncton-based Tradewinds Eco-Energy Solutions, said he and roughly 100 other heat pump installers will end up getting "crumbs" from the program, rather than an equitable "share of the pie."

The issue centres around a program announced by the provincial government in September. The news release said it was a "new" program that would "offer a free mini-split heat pump and upgraded insulation — along with free installation of both — to homeowners who use electric baseboard heating and have a combined gross household income under $70,000."

But it turns out it's actually just a tweaked 2019 program that was originally awarded to one New Brunswick company. 

In a series of emailed responses, N.B. Power spokesperson Marc Belliveau said the 2019 program was properly awarded to Greenfoot Energy Solutions after a request for proposals was issued. Greenfoot applied in all four sectors of the province and, based on the bids that were received, was awarded the contract in all four. 

The initial program only included an efficiency audit and the installation of insulation — and it was limited to low-income households, the threshold for which was established by the Department of Social Development.

                                                      

AREA

ONE BEDROOM

TWO BEDROOM

THREE BEDROOM

Urban

$28,000

$35,000

$37,500

Rural

$39,900

$46,600

$55,300

Without issuing a new request for proposals, the government announced the "new" Enhanced Energy Savings Program in September, increasing the threshold for household incomes up to $70,000 and adding free heat pumps and installation. 

So, Greenfoot automatically became the one-stop shop for assessments, equipment and installation under the revised program. 

Goguen believes the government should have treated the program as if it were new and started another bidding process — or simply made all qualified installers eligible for the work — rather than hand Greenfoot an extra $30 million of work.

Greenfoot owner and CEO Joe Godbout said the company won the contract fair and square in 2019. Then, when it expanded by $30 million and added free heat pumps, Godbout said the company contacted several other businesses in an effort to spread the work around.

He said Greenfoot reached agreements with about 10 subcontractors — even though his company had the capacity to deliver the entire expanded program, he said. 

Built into the contract

Belliveau said the 2019 contract "allows the provision to add products," a point Goguen concedes.

It might be legal, said Goguen, but "it's not right. That's for sure." 

He said September's announcement gave Greenfoot an unfair advantage.

Daniel Goguen, the owner of Tradewinds Eco-Energy Solutions, said he and many other heat pump installers aren't happy with a not-so-new program from N.B. Power. (Submitted by Daniel Goguen)

He said it also "created a market disruption," when those who qualified for the program cancelled work they had underway in order to take advantage of the free equipment and installation. 

Goguen said he and others took "major hits" to their business when customers cancelled orders and opted to sign up for the free program. 

Industry backlash

Owners were so upset, they banded together to discuss the issue with N.B. Power last month. The provincial Crown corporation met with the group and eventually opened up the program to all qualified installers.

In an email sent late on Wednesday, Belliveau said "N.B. Power issued a Request for Qualifications to allow interested contractors who meet the eligibility requirements to be added to the contractor network for the Enhanced Energy Savings Program immediately. This was issued on November 10, 2022."

He said when the funding became available, N.B. Power wanted "to get to market as quickly as possible" and that the contract with Greenfoot "allowed for that flexibility."

Belliveau said "the intention was always to go to RFP for the fiscal year starting April 1, 2023, which we are still committed to doing."

Despite the change, Goguen says the rest of the industry is only going to get Greenfoot's "crumbs."

As the program's sole provider of a home's initial energy audit, Greenfoot has a "first in the door" advantage with consumers, said Goguen.

Other companies can do the work, he said, but it's pretty easy for homeowners to continue with the company that is literally standing right in front of them in their home, telling them what work they need done. 

An employee with Greenfoot Energy Solutions installs a heat pump on Prince Edward Island in September. (Shane Hennessey/CBC )

Green Party Leader David Coon said that part of the program should have been changed, too. 

"The hangover of the energy assessment being still monopolized by a single company seems to be unnecessary and really is just a hangover of the old program and should have been removed. So that's the last little irritant."

Coon hopes that will be fixed when the current contract expires at the end of March. 

Belliveau confirmed that Greenfoot is the only company that can do pre- and post-assessments, but that will end on March 31, 2023.

"This will be broadened in the upcoming Request for Proposals that will take place April 1, 2023," wrote Belliveau.

'Massive disturbance' in industry

Louis-Philippe Gauthier, vice-president, Atlantic for the Canadian Federation of Independent Business, said September's announcement created "a massive disturbance in that industry" when people dropped out of already-started projects to take advantage of the free program. 

While those companies can now do the work under the program, Gauthier said it will take a lot of effort to reach out to their former customers and try to get the jobs back. 

Bald man in suit standing on a busy sidewalk with arms folded
Louis-Philippe Gauthier, vice-president, Atlantic for the Canadian Federation of Independent Business, said September’s announcement created 'a massive disturbance' in the industry when people dropped out of already-started projects to take advantage of the free program. (Canadian Federation of Independent Business)

"So right now, the thing that's important for consumers that are approved for this program to understand is they have a choice," said Gauthier, who was also involved in the talks with N.B. Power. 

"They can select the provider that they want when it comes to the heat pump that gets installed, so they can select their local provider."

The program will continue to grow, said Natural Resources and Energy Development Minister Mike Holland on Wednesday. Holland said the program is "going to be worth more than $30 million, absolutely." 

 OPINION

The parent company of Tim Hortons' is offering its new executive chair a package of stock options and shares that could potentially be worth nearly US$400-million.SEAN KILPATRICK/THE CANADIAN PRESS

I ate at a Burger King in rural Montana earlier this fall. The wait to order was long. My burger was overcooked. My mother got the wrong order, and it was cold as well. It was, she says, the worst fast-food meal she’d ever had.

I don’t blame the workers; the restaurant was understaffed, and they are underpaid. Yet those front-line workers at Burger King, Tim Horton’s, and all the other chains in the Restaurant Brands International Inc. 

Yet once again, the company is going to give a gargantuan pay package to its executive class, leaving crumbs for the underpaid and overworked people who serve us. Not even the common shareholders of the company are benefiting from the largesse.

RBI said Wednesday it has lured Patrick Doyle, the former CEO of Domino’s Pizza Inc., as its new executive chairman in a bid to goose its flagging stock. Mr. Doyle is viewed as a magician for turning around Domino’s, starting with his admission that the pizza was terrible.

The price is high: RBI will give Mr. Doyle a package of stock options and shares that could be worth nearly US$400-million if the shares appreciate by roughly 15 per cent a year over the next five years. (That return figure is not purely speculative; RBI put that into Mr. Doyle’s compensation plan.)

It is perhaps the biggest pay package RBI has awarded, but it’s completely consistent with the company’s past practices. RBI, driven by its private-equity owners at 3G Capital, has been giving out huge amounts of stock to its executives for years, claiming they’re aligning them with shareholders.

Former CEO Daniel Schwartz has made $260-million in profits from his RBI stock options in just over 10 years. The company has paid current CEO Jose Cil nearly US$55-million in the past three years, the bulk of it in stock awards.

And yet the great gains in RBI’s stock are long past; among all the restaurant stocks in the S & P 500 and S & P/TSX Composite indexes, RBI has the second-worst performance since the 2014 acquisition of Tim Horton’s, and the worst performance over the past five years.

Will it matter for Mr. Doyle’s compensation if that continues? Not really. RBI has crafted a package that makes it possible for him to grab hundreds of millions of dollars even if RBI continues to lag its restaurant peers.

According to RBI’s disclosures Wednesday, Mr. Doyle will receive 500,000 restricted shares worth roughly US$30-million, matching a commitment he has made to buy RBI stock with his own money. He also gets two million stock options.

He also receives 750,000 performance-share units (PSUs), to be paid out at the end of a five-and-half-year period. For him to receive any kind of payout on the PSUs in 2028, RBI stock will need to rise about 6 per cent a year; to get all 750,000 shares, it needs to rise about 10 per cent a year. If the stock increases about 15 per cent a year, he’ll get 1.5 million shares.

The entire options-and-shares package would be worth around US$370-million in the bullish scenario. The problem, however, is none of these share awards are tied to relative performance, according to RBI’s disclosures. If RBI’s restaurant peers gain, on average, 12 per cent a year while RBI gains 10 per cent, Mr. Doyle still gets a payout of a couple hundred million dollars. As they say in a period of broad stock-market gains, a rising tide lifts all boats.

Well, not all, really.

Each year, RBI must disclose the ratio of its CEO compensation to the average worker’s pay. (The Securities and Exchange Commission considers RBI a U.S. company; Canada has not mandated pay-ratio disclosure.

In the past three years, the ratio of Mr. Cil’s compensation to the median worker’s has ranged from 274 times to 973 times.

That, however, understates the inequity. RBI is primarily a franchiser of its concepts, with the actual fast-food workers on other companies’ payrolls. To obtain a better comparison, we can look at a publicly traded Burger King franchisee in the United States that also reports its worker data.

The median of Carrols Restaurant Group Inc.’s 25,100 employees worked an average of 30.5 hours per week in 2021, making a total of $16,403. That’s up from $12,993 two years ago. Compare the RBI CEO’s pay with the Carrols numbers and Mr. Cil made somewhere between 850 and 1,600 times the typical U.S. Burger King worker over the past three years.

Mr. Doyle’s package will blow those ratios into the stratosphere when the company places a dollar estimate on it in next spring’s proxy circular.

RBI still believes it’s got the right plan in place. In an interview with my colleague Susan Krashinsky Robertson, Mr. Schwartz said Mr. Doyle’s compensation package “is ultimately linked to shareholder value creation. In order to achieve shareholder value creation, we’re going to have to continue to grow the size of the brands all around the world, and in order to do that, we’re going to have to work and to continue to grow the profitability of our franchisees and deliver a great guest experience.”

Spokesperson Duncan Fulton adds, via e-mail, that if Mr. Doyle receives 100 per cent of his PSUs, that would imply billions of dollars in shareholder value creation. “Unpinning that share price growth would be core restaurant growth in local economies, growing franchisee profitability of thousands of small and medium-sized business owners – and at a time when franchisees are paying all-time high wages for team members in a highly competitive labour environment – so this is all predicated on creating value all the way through the business.”

My recommendation, however, would be less CEO pay and more money for the folks who grill the burgers, pour the coffee and truly create the value for the brands at Restaurant Brands.