Notary Services for Statutory Declarations of Progress Payment Distribution in Canada

If you’re a contractor or subcontractor in Canada, you already know that getting paid on time is critical to keeping your projects moving. But before you receive your second (or subsequent) progress payment, or the release of holdback funds, you may be asked to provide a Statutory Declaration of Progress Payment Distribution.

In this guide, we’ll explain:

• What a Statutory Declaration of Progress Payment Distribution is

• When you need it

• The difference between CCDC 9A and CCDC 9B

• How to complete the form properly

Whether you’re a prime contractor, subcontractor, or project manager, this article will make the process simple and easy to understand.

What Is a Statutory Declaration of Progress Payment Distribution?

A Statutory Declaration of Progress Payment Distribution is a sworn statement confirming payments have been made from the specific progress payment received. It is often required before the second and subsequent progress payments or the release of holdback funds, depending on the contract. This declaration protects owners and lenders by ensuring that contractors are not collecting funds while leaving unpaid parties behind.

What Are CCDC 9A and CCDC 9B?

The statutory declaration is issued in two standard formats developed by the Canadian Construction Documents Committee (CCDC).

CCDC 9A – For Prime Contractors

CCDC 9A – Statutory Declaration of Progress Payment Distribution by Contractor is used by prime contractors.

This form confirms that the contractor has paid:

• All subcontractors

• Labourers

• Suppliers

• Equipment providers

• Service providers

for amounts owed as a result of receiving a specific progress payment.

CCDC 9B – For Subcontractors

CCDC 9B – Statutory Declaration of Progress Payment Distribution by Subcontractor is used by subcontractors.

This form confirms that the subcontractor has paid:

• Their own workers

• Sub-subcontractors

• Material suppliers

• Equipment providers

for amounts related to the specified progress payment.

Who Created These Forms?

The CCDC forms are nationally recognized construction documents. The Canadian Construction Documents Committee develops, produces, and reviews standard construction contracts, forms, and guides used across Canada.

All CCDC documents are endorsed by:

• Association of Consulting Engineering Companies – Canada (ACEC)

• Canadian Construction Association (CCA)

• Construction Specifications Canada (CSC)

• Royal Architectural Institute of Canada

Because these forms are standardized and widely accepted, they are commonly required in commercial, institutional, and large residential construction projects across Ontario and the rest of Canada.

Why Is a Statutory Declaration Required?

In construction projects, money flows downward from the owner to the prime contractor, then to subcontractors and suppliers.

Without safeguards, unpaid trades could:

• Register construction liens

• Delay projects

• Trigger legal disputes

The statutory declaration acts as a layer of protection. By swearing that all payments have been made, you are legally confirming that no outstanding accounts remain from that progress draw.

This protects:

• Property owners

• Developers

• Lenders

• Project managers

What Does the Declaration Actually Say?

Both CCDC 9A and CCDC 9B are sworn statements declaring that:

• All accounts for labour have been paid

• All subcontracts have been paid

• All products and materials have been paid

• All services have been paid

• All construction machinery and equipment have been paid

In other words, you are confirming that no one is left unpaid from the specific progress payment identified in the form.

Because this is a sworn declaration, it must be completed before:

• A Notary Public, or

• A Commissioner for Taking Oaths

Completing Your Statutory Declarations: What You Need to Know

1. Your Form Must Be Fully Completed

A commissioner cannot sign:

• A blank form

• A partially completed form

• A form containing spelling or typing errors

Because a statutory declaration is a legal document, it must be complete and accurate before you bring it in for commissioning. Take the time to carefully review your form to ensure all information is correct.

Incomplete or incorrect documents will need to be redone — which means additional time and potentially additional fees.

2. The Declaration Must Be Signed in Front of an Authorized Official

Your statutory declaration must be signed in person before one of the following:

• A Commissioner for Taking Affidavits

• A Notary Public

• A Justice of the Peace

• A solicitor (lawyer)

This is not the same list of individuals who can sign a passport application.

Most importantly:

• You cannot sign the document in advance.

• You cannot send an employee to drop it off.

• The person signing must appear in person and sign in front of the commissioner.

If the declaration is being signed on behalf of a corporation, it must be signed by an authorized signing officer of the corporation.

The signing authority cannot be delegated to an employee who is not an authorized officer.

3. Leave the Declaration Section Blank

Part of the commissioning process requires the commissioner to complete the declaration section, including wording such as:

“Declared before me at [City], this [Date]…”

Please leave this portion blank.

The commissioner must personally complete and sign this section at the time of commissioning.

4. CCDC Copyright Sticker Requirement (For CCDC Forms)

There is also a requirement for the CCDC copyright validation sticker to be affixed on the bottom of the form and must be attached before the commissioner signs the document. Forms without the required validation sticker may be rejected.

More information can be found here for CCDC9A: https://www.ccdc.org/document/ccdc9a-2018/ and here for CCDC 9B: https://www.ccdc.org/document/ccdc9b-2018/