Construction Statutory Declarations: Which CCDC Forms Need a Commissioner, and How to Swear Them Online

Last updated: October 17, 2026

Construction Statutory Declarations: Which CCDC Forms Need a Commissioner, and How to Swear Them Online

Quick answer: A construction statutory declaration, the "stat dec", is a statement solemnly declared before a commissioner, notary public or justice of the peace that the people below the declarant in the payment chain have been paid, apart from the exceptions the form allows. The Canadian Construction Documents Committee publishes exactly two: CCDC 9A for contractors and CCDC 9B for subcontractors. Nothing else in CCDC's catalogue is commissioned: contracts and bond forms are signed, and guides are reference documents. Some owners use their own form: Defence Construction Canada's is DCL 44, on its Forms page. All of them can be declared online by video before an Ontario notary public for $24.95 plus HST per seal.

A construction office rarely meets just one sworn form. A general contractor may owe a CCDC 9A on each draw after the first, collect CCDC 9Bs from its subcontractors, add DCC's DCL 44 on a federal defence project and make a lender's own declaration on a financed one; a payment dispute adds affidavits. Each needs the same things: the right declarant, a complete form, valid photo ID and a commissioner.

So set up one routine and run every form through it, whoever issued the form. Minute Notary commissions statutory declarations by video every day, and offices that declare monthly can arrange volume pricing, priority slots and one monthly invoice. Questions? Call (613) 434-5555.

Key Takeaways

What Is a Statutory Declaration in Construction?

In construction, a statutory declaration (the "stat dec") usually means a payment declaration: the party being paid declares that it has paid its subcontractors, suppliers and workers for the work already paid for, apart from exceptions such as holdback properly retained or amounts in a legitimate dispute. It goes in with the progress claim, the holdback request or the completion paperwork.

Like any statutory declaration, it is a written statement of facts that the declarant signs after solemnly declaring it true before an official authorized to receive it, such as a notary public or a commissioner for taking affidavits. It is used outside court (in court, an affidavit is the usual document), and it carries the weight of an oath. DCC's DCL 44 says so in its closing words: the declarant makes it "knowing that it is of the same force and effect as if made under oath".

What is its purpose?

The purpose is to put the payment position on record, with the force of an oath, when money is released. Payment runs in a chain, from owner to contractor to subcontractors to their suppliers, and the payer cannot audit every account below it. The declaration puts that knowledge on the person who has it and makes them answerable. That is why CCDC limits 9A and 9B to an authorized signing officer, partner or sole proprietor, why DCL 44 has the declarant state personal knowledge, and why a knowingly false declaration can be a Criminal Code offence.

Which CCDC Documents Need a Commissioner?

The Canadian Construction Documents Committee sorts its catalogue into groups, and only one group is declared before a commissioner:

The catalogue also lists Complete Sets. Two buying rules come with it. To download and use CCDC's documents you need a registration number bought from a CCDC document outlet; CCDC and the Canadian Construction Association "do not sell or issue registration numbers". The two statutory declarations are a free download with no registration number, but each "must be accompanied by a purchased seal in order to be used". And in CCDC's words, "CCDC contracts and statutory declarations require copyright seals."

CCDC 9A — the Contractor's Declaration

CCDC 9A – 2018, the Statutory Declaration of Progress Payment Distribution by Contractor, is made by the general contractor for the owner, payment certifier or lender. Its authorized signing officer, partner or sole proprietor declares the contractor's accounts on the job paid up to the last progress payment received, other than holdback properly retained, payments deferred by agreement and amounts withheld in a legitimate dispute. It is tied either to the second and later progress payments or to holdback release; CCDC's own contracts ask for it only at holdback release, and project contract documents usually extend it to every draw.

Full guide: CCDC 9A statutory declaration: what it declares and how to commission it online

CCDC 9B — the Subcontractor's Declaration

CCDC 9B – 2018, the Statutory Declaration of Progress Payment Distribution by Subcontractor, makes the same promise one level down. The subcontractor's authorized officer, partner or sole proprietor declares its own sub-subcontractors, suppliers and workers paid, with the same three exceptions, and the declaration goes to the contractor. When the subcontract carries the requirement down from the prime contract, a subcontractor on several jobs can owe a 9B on each of them, draw after draw.

Full guide: CCDC 9B subcontractor declaration: who signs and how to swear it online

Who declares to whom

CCDC Seal, Notary Seal, Corporate Seal: Only One Is the Notary's

Construction offices use "seal" for three different things. Keeping them apart saves a wasted appointment.

The CCDC copyright seal. A validation sticker, bought from an authorized CCDC document outlet (most often a local construction association), that shows the document is a genuine, unamended CCDC copy. CCDC says its contracts and statutory declarations require one. On the 2018 editions of 9A and 9B, the sticker belongs in the lower right box and has to be on the form before the commissioner signs. Editions must match: CCDC tells users to use "the 2018 copyright seals with the 2018 statutory declarations" and warns, "You cannot use a 2001 seal with the 2018 version." The notary neither sells nor applies it.

The notary's seal. Applied by the notary public at commissioning, beside the jurat. DCC's DCL 44 asks for it outright: "Notaries to affix Notarial Seal." On a video appointment it is on the sealed PDF.

A corporate seal. A company's own seal, often a hand-held embosser that presses a raised, inkless circle into the paper, used when the company signs a contract or bond "under seal". DCC's Claimant's Payment Bond, DCL 115, notes "Affix Corporate Seal if applicable", and its Final Release, DCL 112, is "signed, sealed and delivered". A corporate seal is the company's own act. It does not make a document sworn, and it is not a notary's seal.

Caption: Two of the three seals: a company's embosser on a contract page, and a copyright sticker on a separate form. The notary's seal is applied only when a declaration is commissioned.

Sworn Construction Documents That Are Not CCDC Forms

• An owner's form: DCC's DCL 44. Defence Construction Canada, "a Crown corporation that delivers infrastructure and environmental projects for the defence of Canada", publishes its own Statutory Declaration (Contractor). Its General Conditions call for one with every progress claim, the first included, and at interim and final completion, and Canada pays a progress claim not later than 28 days after the DCC Representative receives both the claim and the declaration. Full guide: DCL 44 statutory declaration.
• A federal form from Public Services and Procurement Canada. PSPC publishes its own Statutory declaration, PWGSC-TPSGC 2835, declared before "A Notary Public, Commissioner, etc.", with the same three exceptions as CCDC 9A: holdback monies properly retained, payments deferred by agreement and amounts withheld by reason of legitimate dispute. The notary commissions it the same way.
• Other owners, payment certifiers and lenders. Some use their own statutory declaration in place of CCDC 9A or 9B. Use the form your contract or payer names. The notary commissions it exactly as a CCDC form, and only CCDC forms carry the CCDC copyright seal.
• Declarations on request. A contract can let the owner ask for a declaration at any time. GC5.8.2 of DCC's standard General Conditions obliges the contractor to make one "declaring to the existence and condition of any obligations and claims" whenever Canada asks.
• Affidavits in a lien action or payment dispute. The party's lawyer prepares them, and they are sworn or affirmed before a notary or commissioner. The notary commissions; the lawyer drafts and advises.

For a form you have not seen before, book "General statutory declaration — subject to notary review" or "Other / not sure". The notary reviews the document before the appointment.

What Is Signed, Not Sworn

Commissioning is for a statement of fact someone declares true; a contract, bond or release is an agreement the parties sign. A notary as the independent witness to one of these signatures is an in-person act: Minute Notary does it on a mobile visit anywhere in Ontario, for $24.95 per seal plus HST and a $60 travel fee once per trip (up to 30 km from our nearest office in Ottawa or Toronto; beyond that, an additional travel fee applies). Over video, the notary commissions oaths, affirmations, affidavits and statutory declarations only.

Can Construction Declarations Be Commissioned Online?

They can. Ontario Regulation 431/20 lets a commissioner take a declaration remotely when, among its conditions, the two see and hear each other in real time, the commissioner confirms identity, and a modified jurat records where each of them was.

On the call, the declarant holds valid government photo ID to the camera, solemnly declares the contents true and signs through a secure link while the notary watches. The notary completes the jurat, signs and seals, and the sealed PDF arrives by email shortly after. Online appointments average 3–4 minutes.

The declarant can be anywhere in Canada: O. Reg. 431/20 governs the video call and the jurat, not where the signer sits, and for a federal declaration such as DCL 44, section 41 of the Canada Evidence Act names a notary public or commissioner without limiting the province (see online notary from anywhere in Canada). The organization receiving the declaration, whether owner, consultant, lender or DCC, decides whether it accepts one commissioned by video and, for CCDC 9A and 9B, how it wants the CCDC copyright seal shown.

Caption: The declarant can join from the van at the job site; the jurat records where the declarant and the notary each were.

One Routine for Every Sworn Form on Your Projects

The commissioning can be the same short routine every time:

1. Know your declarants. For CCDC 9A and 9B, an authorized signing officer, partner or sole proprietor; for DCL 44, someone who states their position and has personal knowledge; for an owner's form, whoever it names.
2. Batch the month. A 9A for each job, a DCL 44 for the federal one and a lender's form can all be declared in one appointment, each with its own seal.
3. Keep a recurring slot each period, any day, 8:00 AM to 8:00 PM Ottawa (Toronto) time; same-day slots are often available.
4. Get one invoice. Businesses can arrange volume pricing, priority slots and one monthly invoice: a per-seal rate below $24.95, fixed to the monthly volume.
5. Send new forms the same way. Any sworn form an owner, lender or surety sends goes through the same booking; the notary reviews an unfamiliar one first.

What a notary can and cannot do: A notary public confirms the declarant's identity, takes the solemn declaration, watches the declarant sign and commissions the form with the notarial seal. A notary does not check that subcontractors, suppliers or workers were paid, confirm the declarant's corporate authority, or advise on holdback, liens or payment disputes. The amounts, the attachments and the CCDC seal's edition stay with your office; for payment disputes, consult a construction lawyer.

Step by Step

1. Get the current form from its issuer (CCDC, the owner, the lender). For CCDC 9A or 9B, affix a copyright seal of the same edition in the lower right box.
2. Choose the declarant the form and your contract call for.
3. Complete every field, the declarant's name and title included, and attach what the form says to attach. Leave the signature and the jurat blank.
4. Book online: pick the form or "General statutory declaration — subject to notary review", upload the unsigned PDF and choose a time.
5. Join the video call and show valid government photo ID.
6. Declare and sign through the secure link while the notary watches.
7. The notary completes the jurat (for a video appointment it records where each of you was), signs and applies the notarial seal.
8. Send the sealed PDF with the progress claim, holdback request or completion package.

Common Mistakes

• A 2001 seal on a 2018 form. CCDC: "You cannot use a 2001 seal with the 2018 version."
• The wrong form for the owner. A CCDC 9A sent to an owner that publishes its own declaration, such as DCC.
• Blank fields. CCDC notes that a commissioner may not sign a blank or partly completed form, and DCL 44 is returned unless it is complete in every detail.
• The wrong declarant. CCDC notes that 9A and 9B cannot be delegated to an employee without signing authority.
• Signing early. Signatures go on during the appointment, while the notary watches; a form signed beforehand is redone.
• Assuming the notary verifies payments. The truth of the declaration is the declarant's.
• Booking a contract or bond for commissioning. It is signed, sometimes under seal or before a witness, not declared.

Pricing

Paying online by card adds a small processing fee, which you see before paying.

Frequently Asked Questions

What is a statutory declaration in construction?

A statutory declaration in construction, often called a stat dec, is a written statement that a contractor's or subcontractor's representative solemnly declares true before a commissioner, notary public or justice of the peace. Payment versions state that the subcontractors, suppliers and workers the declarant owes have been paid, apart from the exceptions the form allows. CCDC 9A, CCDC 9B and DCC's DCL 44 are examples.

What is the purpose of a statutory declaration in construction?

The purpose of a statutory declaration in construction is to put the payment position on record, with the same force as an oath, before money moves down the chain. Owners, payment certifiers, lenders and federal clients such as Defence Construction Canada rely on it before a progress, holdback or completion payment. A knowingly false declaration can be a Criminal Code offence.

Which CCDC forms need to be commissioned?

Only two CCDC forms need to be commissioned: CCDC 9A – 2018, the contractor's statutory declaration, and CCDC 9B – 2018, the subcontractor's. Together they make up the Statutory Declarations group of CCDC's catalogue. CCDC contracts such as CCDC 2 and the CCDC 220, 221 and 222 bond forms are signed by the parties, not declared before a commissioner.

Are CCDC documents free?

CCDC documents are not all free: CCDC contracts need a registration number bought from a CCDC document outlet, and neither CCDC nor the Canadian Construction Association sells those numbers. The two statutory declarations, CCDC 9A and 9B, are a free download from ccdc.org, but CCDC says they "must be accompanied by a purchased seal in order to be used."

What is a CCDC seal, and where do I buy one?

A CCDC seal is CCDC's copyright seal, a validation sticker showing that a CCDC contract or statutory declaration is a genuine, unamended copy; CCDC says both require one. On CCDC 9A and 9B it goes in the lower right box before the commissioner signs. Seals are bought from an authorized CCDC document outlet, most often a local construction association, and have nothing to do with the notary's own seal.

Can I use a 2001 CCDC seal on a 2018 CCDC 9A or 9B?

A 2001 CCDC seal cannot be used on a 2018 CCDC 9A or 9B. CCDC's catalogue tells users to put the 2018 copyright seals on the 2018 statutory declarations and states, "You cannot use a 2001 seal with the 2018 version." Match the seal's edition to the form's before the appointment, because the seal goes on before the commissioner signs.

Does every owner use CCDC forms for construction statutory declarations?

Owners do not all use CCDC forms for construction statutory declarations: Defence Construction Canada publishes its own form, DCL 44, for the declaration its contracts require with every progress claim and at interim and final completion, and Public Services and Procurement Canada publishes PWGSC-TPSGC 2835. Other owners, payment certifiers and lenders may send their own declaration instead of CCDC 9A or 9B. Use the form your contract or payer names; it is commissioned the same way.

Do construction contracts like CCDC 2 need to be notarized?

Construction contracts like CCDC 2 – 2020 do not need to be notarized or commissioned: the parties sign them, sometimes under a corporate seal. Bonds such as CCDC 220, 221 and 222, and releases such as DCC's DCL 112, are signed too, sometimes before a witness. When a client wants a notary as the independent witness, that signing is done in person, on a mobile visit in Ontario.

Can a construction statutory declaration be commissioned online?

A construction statutory declaration such as CCDC 9A, 9B or DCL 44 can be declared by video before an Ontario notary public, under the remote-commissioning rules in O. Reg. 431/20. The declarant shows government photo ID, declares on camera and signs through a secure link while the notary watches. The receiving owner, consultant, lender or DCC decides whether it accepts a video-commissioned declaration and how the CCDC seal is shown.

Who can commission a construction statutory declaration in Ontario?

A construction statutory declaration in Ontario can be commissioned by a notary public, a commissioner for taking affidavits or another official authorized to receive it. For federal forms such as DCC's DCL 44, Canada Evidence Act s. 41 names notaries public and commissioners authorized to take affidavits. Minute Notary's notary is an Ontario notary public and commissions declarations in person or by video.

How much does it cost to commission a construction statutory declaration?

Commissioning a construction statutory declaration at Minute Notary is $24.95 plus HST per seal, whether it is a CCDC 9A, a CCDC 9B, a DCL 44 or an owner's own form. Several declarations made in one appointment are $24.95 each, each with its own seal. A second declarant on the same form is another $24.95 plus HST.

Does the notary check that subcontractors were paid?

A notary commissioning a construction statutory declaration does not check that subcontractors, suppliers or workers were paid, does not confirm the declarant's corporate authority and gives no advice on liens or holdback. The notary confirms identity, takes the declaration and applies the seal. The truth of what is declared rests with the declarant; for payment disputes, consult a construction lawyer.

Final Recommendation

Sort the paperwork first: CCDC 9A and 9B, owners' and lenders' declarations and affidavits are sworn or declared before a commissioner; contracts, bonds and releases are signed. Then give every sworn form the same routine and a short video appointment. The notary commissions it; the payment position is your company's. For lien or payment disputes, consult a construction lawyer.

Book Your Appointment

Need a construction statutory declaration commissioned? Minute Notary commissions CCDC 9A, CCDC 9B, DCL 44 and owners' own forms by secure video, flat $24.95 per seal plus HST.

• Book online: Request an appointment
• Call: (613) 434-5555
• Service page: Statutory Declarations
• For businesses: Volume pricing and monthly invoicing
• Related guides: CCDC 9A · CCDC 9B · DCL 44
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• CCDC — Documents catalogue
• CCDC 9A – 2018, Statutory Declaration of Progress Payment Distribution by Contractor
• CCDC 9B – 2018, Statutory Declaration of Progress Payment Distribution by Subcontractor
• CCDC 220, 221, 222 – 2024 Bond Forms
• CCDC Bulletin 21: Statutory Declarations
• CCDC Bulletin 23: Copyright seals
• Public Services and Procurement Canada — Statutory declaration, PWGSC-TPSGC 2835
• Defence Construction Canada — Forms
• DCC — DCL 44 Statutory Declaration (Contractor) (Word)
• DCC — DCL 250E Standard Construction Contract Documents, with General Conditions DCL 32 (PDF)
• DCC — DCL 112 Final Release (Word) · DCL 115 Claimant's Payment Bond (Word)
• Canada Evidence Act, s. 41
• O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
• Commissioners for Taking Affidavits Act (Ontario)
• Notaries Act (Ontario)
• Construction Act (Ontario)