Am I responsible for a pay equity plan the seller never completed?
In a share purchase, generally yes — Ontario's pay equity obligations attach to the employer, and an incomplete pay equity plan is an ongoing compliance gap that continues with the corporation you now own, meaning the responsibility to actually complete and maintain it falls to you as the continuing employer, not just a historical loose end.
In an asset purchase, you're generally establishing your own new employer status, which can mean fresh obligations to develop your own pay equity plan going forward rather than simply inheriting an incomplete one from the seller — but this depends on your specific workforce and how the business is structured, since pay equity obligations apply based on characteristics of the employer itself, not on what a previous, separate employer had or hadn't done.
Either way, don't treat an incomplete pay equity plan as a minor administrative gap the seller can simply hand you along with everything else without consequence — it's an ongoing legal obligation, and closing without a clear plan for addressing it can leave you out of compliance from day one. Ask specifically about the current state of pay equity compliance and get advice on what completing or establishing a plan actually requires for your workforce. A Treadstone business lawyer can help you understand your specific obligations.
Key takeaways
- A share purchase generally makes an incomplete pay equity plan your ongoing responsibility to finish.
- An asset purchase can mean establishing your own plan rather than simply inheriting the seller's gap.
- Pay equity obligations attach to characteristics of the employer, not just to what a prior owner did.
- Ask about current compliance status and plan for it rather than treating it as a minor detail.