Statutory Declaration Request Checklist

Statutory Declaration Request Checklist

Fast-Fact Summary Box

• Template Type: Statutory Declaration Administration Checklist
• Governing Framework: CCDC 9A/9B Closeout Workflows
• Target Trade: General Contractors & Owners
• Primary Operational Risk: Payment affidavit timing, subcontractor disclosure, and holdback release readiness

Scope Boundaries (Who/What it applies to)

This checklist governs the administrative verification, execution, and submission of CCDC 9A (Prime Contractor) and CCDC 9B (Subcontractor) Statutory Declarations. It applies directly to General Contractors and Owners managing commercial, industrial, and institutional projects in Ontario. The scope encompasses all progress payment applications, substantial performance milestones, and final holdback release phases. It establishes the mandatory verification boundaries required to confirm that all lower-tier subcontractors, material suppliers, and union labour forces have been paid in full up to the date of the preceding payment application before subsequent project funds are distributed.

Mandatory Deliverables & Administrative Windows

• Pre-Submission Window: General Contractors must collect signed, notarized CCDC 9B declarations from all major subcontractors five business days prior to submitting the prime progress draw.
• Active Work Submissions: Monthly submission of a fully executed CCDC 9A form, accompanied by a clean Workplace Safety and Insurance Board (WSIB) Clearance Certificate.
• Closeout Deliverables: Final CCDC 9A execution, proof of publication of Substantial Performance (Form 9), and an updated subcontractor distribution log.
• Review Window: The Owner's representative has three business days to review the Statutory Declaration for completeness and notary seal validity before processing the associated Proper Invoice.

Ontario Regulatory Compliance Notes

All statutory declarations and payment applications must align with the strict timelines and procedures of the Ontario Construction Act.

• Proper Invoice Integration: Invoices are legally deemed proper unless the owner gives a formal written notice of deficiency within 7 days after receiving the invoice. Missing the 7-day notice window forfeits the right to dispute invoice form or structure and starts the 28-day prompt-payment timeline.
• Annual Holdback Release: For contracts extending beyond one year, owners must publish a Notice of Annual Release of Holdback (Form 6) on an electronic construction trade news website within 14 days after each contract anniversary. Payment of the accrued basic holdback must occur no earlier than day 60 and no later than day 74 after publication, provided no liens are preserved.
• Holdback Restrictions: The former section 27.1 notice-of-non-payment mechanism for refusing holdback distribution due to deficient or incomplete work is repealed. Holdback use is restricted to formal contract abandonment or termination scenarios and preserved lien risk.
• Adjudication Timeline: Parties have a strict 90-day window after contract completion, abandonment, or termination to initiate interim binding adjudication through ODACC or a qualified private adjudicator.

Form/Sign-off Requirements

• Notary Public Seal: Mandatory physical or verified digital seal and signature of an active Commissioner for Taking Affidavits or Notary Public in the Province of Ontario.
• Officer Signature: Must be signed and dated by an authorized signing officer of the contracting corporation (President, Vice President, or Chief Financial Officer).
• WSIB Attachment: A current, valid WSIB Clearance Certificate matching the exact legal entity name listed on the CCDC 9A/9B form.
• Schedule of Subcontractors: A complete, unredacted list of all active subcontractors and material suppliers associated with the billing period.
• Record Retention: All executed Statutory Declarations and supporting documents must be archived for a minimum of 7 years following project closeout.

Official Verification Sources

• Ontario Construction Act, R.S.O. 1990, c. C.30
• O. Reg. 304/18 (Procedures and Forms)