DCL 44 Statutory Declaration: Get Paid on a Defence Construction Canada Contract

Last updated: October 17, 2026

DCL 44 Statutory Declaration: Get Paid on a Defence Construction Canada Contract

Quick answer: DCL 44 is Defence Construction Canada's "Statutory Declaration (Contractor)", a solemn declaration under the Canada Evidence Act that goes in with each progress claim and again at interim and final completion. No completed, commissioned DCL 44, no progress payment: Canada pays not later than 28 days after the DCC Representative receives both the claim and the declaration, and an incomplete one "will be returned for completion and payment will be delayed." Download it free from DCC's Forms page (Word file) and declare it before a notary public or commissioner — online by video with Minute Notary, a flat $24.95 plus HST. The notary commissions it; the truth of the payments is the contractor's.

Defence Construction Canada describes itself as "a Crown corporation that delivers infrastructure and environmental projects for the defence of Canada" and publishes its tenders on MERX (and on CanadaBuys above trade-agreement thresholds). Once you hold a DCC contract, every payment period ends the same way: the progress claim goes to the DCC Representative, and the DCL 44 goes with it.

Minute Notary commissions statutory declarations by secure video through its Ontario online notary service, every day from 8:00 AM to 8:00 PM Ottawa (Toronto) time, so the declarant can do it from the site trailer. For CCDC forms and owners' own declarations, see our guide to construction statutory declarations and CCDC forms. Questions? Call (613) 434-5555.

Caption: A DCC progress claim travels as a package: the claim, the DCL 44 and, when anything is still owed, the statement of amounts owing.

Key Takeaways

Where to Get the DCL 44 Form

DCC lists the form on its Forms page as "DCL 44 Statutory Declaration (Contractor)". The direct download is a free Word file with fill-in fields, revision DCL 44 (R2020-02). Unlike CCDC 9A, it needs no copyright seal bought from a document outlet: the only seal it mentions is the notary's. Minute Notary does not supply the form; download it from DCC.

1. Fill in every field on screen. The form's notice: "If this Declaration is not complete in every detail, it will be returned for completion and payment will be delayed."
2. Leave both signature lines and the "DECLARED before me" block blank. The declarant signs in front of the notary, who completes the jurat.
3. Save it as one PDF with its attachments and upload it when you book, so the notary can prepare the signing fields.

What a Notary Can and Cannot Do

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 DCL 44 with the notarial seal. A notary does not check that subcontractors and suppliers were paid, audit the amounts owing, confirm the declarant's authority to speak for the company, or advise on holdback, liens or payment disputes. The truth of the declaration is the contractor's; for payment disputes, consult a construction lawyer.

Minute Notary commissions declarations as an Ontario notary public, in person or by video under O. Reg. 431/20.

What DCL 44 Declares — the Four Boxes

Every DCL 44 opens with the contract (number, parties, work, date of award) and the payment it covers: "payment relating to work done up to the" date you fill in. The declarant then writes "Do solemnly declare" and states in paragraph (1) their title or position with the contractor, or that they are the contractor, "and as such have a personal knowledge of the said contract and of the facts and matters herein".

Paragraph (2) says "check the box and complete the section which applies to this payment". Each box has its own date line:

Boxes B, C and D end with the instruction that matters most: "If nil, state nil. A detailed explanatory statement of the amounts owing, including any amount in dispute must be attached as part of this statutory declaration." If everyone is paid, write "nil", not a dash or a blank. If not, write the total and attach the statement; it becomes part of what is declared.

DCL 51 and DCL 74 are the certificates the DCC Representative issues at substantial and final completion (GC5.5.1 and GC5.6.1), not forms you download. Box C's third line matches GC5.5.4, which points to the obligations in GC1.8, "Laws, Permits and Taxes".

Caption: Box B is about deliveries like this one: by the next claim, the contractor declares its suppliers and subcontractors paid, or lists what is still owed.

The form ends: "And I made this SOLEMN DECLARATION conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the CANADA EVIDENCE ACT." Below it, DCC prints section 134 of the Criminal Code as a warning: a statement made by solemn declaration while knowing it is false can be an offence.

When DCC Asks for It — and the 28-Day Payment Clock

DCC's General Conditions, DCL 32 (R2024-05), sit inside its standard contract package, DCL 250E (R2025-09). They tie the declaration to payment:

• GC5.4.1: each progress claim comes with "a completed and signed statutory declaration" that the contractor has met its lawful obligations, including those to its subcontractors and suppliers.
• GC5.4.2: within 10 days of receiving both, the DCC Representative inspects the work and issues a progress report, with reasons for anything not payable.
• GC5.4.3: Canada pays 95% of the report's value if the contractor furnished a labour and material payment bond, 90% if not; the rest comes in the completion payments under GC5.5 and GC5.6.
• GC5.4.4: payment "not later than twenty-eight (28) days" after the DCC Representative receives both the claim and the declaration.
• GC5.4.5: for the first claim, all documentation the contract requires is a condition precedent to payment.
• GC5.8.2: whenever Canada asks, the contractor declares "the existence and condition of any obligations and claims" against it; under GC5.8.3, Canada may pay a claimant directly.

"Payment Legislation" in the General Conditions means the Federal Prompt Payment for Construction Work Act and, where the work is in a province designated under s. 6(1) of that Act, that province's similar regime. These are DCC's standard General Conditions; a contract can amend them in its supplementary conditions, so read your own contract.

"Notarized" Is Also in Your Performance Evaluation

DCC rates contractors on the Contractor Performance Evaluation Report Form, DCL 80, listed on the Forms page with its guidelines, DCL 81. Annex A, "Minimum Criteria Considerations", asks under Administration / Contract Management whether the contractor did "submit a notarized Statutory Declaration correctly completed with each progress claim". So DCC looks for a complete declaration with every claim and uses the word "notarized": a declaration taken by a notary public carries the notarial seal the form asks notaries to affix. It is one of several administration criteria on the form.

Who Can Sign DCL 44

The declarant prints their "title or position with the Contractor", such as President or Project Manager, or states that they are the contractor, as a sole proprietor does. They declare personal knowledge of the contract and the facts. The form does not require a signing officer; when your contract or DCC names one, that officer declares.

Whoever declares must know the payment position. On the call, they show valid government photo ID, such as a passport or driver's licence, in the same name as the form.

Who Can Take the Declaration

The jurat names the officials: "Notary Public, Commissioner, etc. (Clarify and state authority for receiving solemn declaration. Notaries to affix Notarial Seal.)" Section 41 of the Canada Evidence Act agrees: "any judge, notary public, justice of the peace, … or commissioner authorized to take affidavits to be used either in the provincial or federal courts … may receive the solemn declaration of any person voluntarily making the declaration before him".

So a commissioner can take a DCL 44 as well as a notary; a notary also applies the notarial seal the form asks notaries to affix. Minute Notary's notary is an Ontario notary public, states that authority under the signature and applies the seal. Our guide to notary public vs commissioner of oaths in Ontario explains the two titles.

How to Fill In DCL 44 Before Your Appointment

1. Venue — "Canada, Province or Territory of": if unsure for a video appointment, leave it for the notary to confirm at the appointment.
2. Contract number and contractor's full name — exactly as on the contract.
3. Description and location of the work, and the date of contract award.
4. "Work done up to" — the last day of the period the claim covers. It must match the claim.
5. Declarant — full name, address, and title or position, or that the declarant is the contractor.
6. One box and its date — of the first claim (A), the attached claim (B), the Interim Certificate (C) or the Final Certificate (D).
7. Amounts owing (boxes B, C and D) — the total, or "nil".
8. Explanatory statement — where the box calls for it, attached behind the form, disputed amounts included.
9. Leave blank — "DECLARED before me", both signature lines and the printed name of the official.

A statement of amounts owing is part of the declaration, not a separate exhibit: the form says it "must be attached as part of this statutory declaration". The notary initials each page of it, and it adds no seal or fee. Put it behind the form in the PDF you upload when you book.

How to Commission DCL 44 Online — Step by Step

1. Complete the form and any statement of amounts owing, unsigned, as one PDF.
2. Book. Choose "General statutory declaration — subject to notary review" when you book online, upload the PDF and pick a time. The notary reviews the document before the appointment.
3. Join the video call and hold valid government photo ID to the camera.
4. Declare and sign. The declarant solemnly declares the contents true, then signs through the secure link while the notary watches.
5. The notary completes "DECLARED before me" — for a video appointment the jurat records where each of you was — signs, states their authority and applies the notarial seal.
6. Receive the sealed PDF by email shortly after.
7. Submit it with the progress claim to the DCC Representative.

Online appointments average 3–4 minutes, and same-day slots are often available. The declarant can join from anywhere in Canada: O. Reg. 431/20 governs the video call and the jurat, not where the declarant sits, and section 41 of the Canada Evidence Act names a notary public or commissioner without limiting the province (see online notary from anywhere in Canada). No law obliges DCC to accept a declaration commissioned by video, and Ontario's guide for commissioners asks clients to confirm with the receiving organization first: ask your DCC Representative once per contract and keep the answer on the contract file.

Online or In Person

Other DCC Forms: Which Ones Need a Commissioner?

DCC's Forms page lists more than a dozen documents. Judged on their face, one is a statutory declaration:

A witnessed signature is an in-person act. If you want a notary as the witness on DCL 112 or DCL 115, Minute Notary does it on a mobile visit anywhere in Ontario; by video, the notary commissions declarations, affidavits, oaths and affirmations only.

Common Mistakes

• No box ticked, or two. One declaration covers one payment event.
• A blank amounts-owing line. Write "nil" when nothing is owed.
• Amounts owing with no statement attached. Boxes B, C and D require one, disputed amounts included.
• A "work done up to" date that does not match the claim.
• Signing before the appointment. The declarant signs in front of the notary; a form signed beforehand is signed again on a clean copy.
• Expired ID. Valid government photo ID is required on camera.
• Assuming the notary checks the payments. That is the contractor's job.
• Sending a CCDC 9A. GC5.4.1 sets what the declaration must state, and DCL 44 is the form DCC publishes for it.

A Quick Scenario

An Eastern Ontario mechanical contractor working on a DCC project claims every month. The project accountant prepares the claim, a DCL 44 with box B ticked, and a one-page statement of the amounts still owing to two suppliers. The vice-president who runs the job joins a video call from the site trailer, shows a driver's licence, declares and signs. Four minutes later the notary has completed the jurat and applied the seal; the sealed PDF goes in with the claim, and the 28-day clock under GC5.4.4 is running.

Pricing

Online card payment adds a small processing fee, shown before you pay. Several declarations can be made in one appointment, each with its own seal.

Frequently Asked Questions

What is the DCL 44 statutory declaration (DCL044 form)?

The DCL 44 statutory declaration is Defence Construction Canada's "Statutory Declaration (Contractor)", revision R2020-02, a solemn declaration under the Canada Evidence Act. The contractor's declarant states that its Labour Conditions obligations are met and, from the second claim on, that its subcontractors and suppliers of material are paid, listing any amounts still owing. It goes in with each progress claim and at completion.

Where do I download the DCC DCL 44 form?

The DCC DCL 44 form is a free Word file on the Forms page of Defence Construction Canada's website, listed as DCL 44 Statutory Declaration (Contractor). Fill it in on screen and save it as a PDF to upload when you book. Unlike CCDC 9A, it needs no purchased copyright seal. Leave both signature lines and the "DECLARED before me" block blank.

When do I have to submit a DCL 44 to Defence Construction Canada?

A DCL 44 goes to the DCC Representative with every progress claim, the first one included, and again at interim and at final completion, under DCC's General Conditions DCL 32. Box A covers the first claim and declares only Labour Conditions compliance. GC5.8.2 also obliges the contractor to make a statutory declaration on its obligations and claims whenever Canada asks.

What happens if my DCL 44 is incomplete?

An incomplete DCL 44 is sent back: the form's notice says a declaration not complete in every detail "will be returned for completion and payment will be delayed." A blank amounts-owing line counts, because the form says "If nil, state nil." DCC's 28-day payment clock under GC5.4.4 counts from receipt of both the progress claim and the statutory declaration.

How long does DCC take to pay a progress claim?

Defence Construction Canada pays a progress claim not later than 28 days after the DCC Representative receives both the progress claim and the statutory declaration, under GC5.4.4 of its standard General Conditions. The payment is 95% of the progress report value with a labour and material payment bond, 90% without one. A contract's supplementary conditions can amend these terms.

Who can sign the DCL 44 for the contractor?

The DCL 44 is signed by a declarant who prints their title or position with the contractor, or states that they are the contractor, and declares personal knowledge of the contract and the facts. The form does not require a signing officer; when your contract or DCC names one, that officer declares. The declarant shows valid government photo ID to the notary.

Does DCL 44 have to be notarized, or can a commissioner take it?

A DCL 44 can be taken by a notary public or a commissioner: the jurat reads "Notary Public, Commissioner, etc.", and Canada Evidence Act s. 41 lets either receive a solemn declaration. DCC's performance evaluation form asks for a "notarized" declaration with each claim. Minute Notary's notary is an Ontario notary public and applies the notarial seal.

Can I swear a DCL 44 online if I am outside Ontario?

A DCL 44 can be declared online from anywhere in Canada before Minute Notary's Ontario notary, because O. Reg. 431/20 governs the video call and the jurat, not where the declarant sits. The jurat records where each of you was. Canada Evidence Act s. 41 names a notary public or commissioner without limiting the province. Ask your DCC Representative once whether DCC accepts video commissioning.

How much does it cost to commission a DCL 44?

Commissioning a DCL 44 at Minute Notary costs a flat $24.95 plus HST, because one declarant on one form takes one seal; an attached statement of amounts owing adds nothing. Online card payment adds a small processing fee, shown before you pay. A second person declaring on the same form adds $24.95 plus HST, and contractors who claim monthly can ask about volume pricing.

Is the statement of amounts owing an exhibit to the DCL 44?

The statement of amounts owing attached to a DCL 44 is part of the declaration, not a separate exhibit: the form says it "must be attached as part of this statutory declaration", and Ontario's exhibit-marking rule, Rules of Civil Procedure r. 4.06(3), covers affidavits used in court. The notary initials each page of the statement, and it adds no seal or fee.

Does the notary check that subcontractors were paid?

A notary commissioning a DCL 44 does not check that subcontractors and suppliers were paid or that the amounts owing add up; the notary confirms identity, takes the declaration and completes the jurat. The truth of the declaration is the contractor's, and the form prints Criminal Code s. 134 as a warning. For payment disputes, consult a construction lawyer.

Final Recommendation

Treat DCL 44 as part of the claim. Download it from DCC, tick one box, write "nil" or attach the statement of amounts owing, match the dates to the claim, and declare it before a notary public on a short video call. The claim and a complete declaration, received together, start DCC's 28-day clock. The notary makes it official; the payment position is the contractor's, and for lien or payment disputes, consult a construction lawyer.

Book Your Appointment

Need a DCL 44 statutory declaration commissioned? Minute Notary commissions it by secure video — flat $24.95 per seal plus HST.

• Book online: Request an appointment
• Call: (613) 434-5555
• Service page: Statutory Declarations
• Related guide: Construction statutory declarations and CCDC forms
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• Defence Construction Canada — Forms
• DCC — DCL 44 Statutory Declaration (Contractor), R2020-02 (Word)
• DCC — DCL 250E Standard Construction Contract Documents, R2025-09, with General Conditions DCL 32 and the DCL 80 minimum criteria (PDF)
• DCC — DCL 112 Final Release of all Claims Under Construction Contract (Word)
• DCC — DCL 115 Claimant's Payment Bond (Word)
• DCC — Frequently asked questions
• Canada Evidence Act, s. 41
• Criminal Code, s. 134
• Federal Prompt Payment for Construction Work Act
• O. Reg. 431/20: Administering Oath or Declaration Remotely (Ontario)
• Guide for newly appointed commissioners for taking affidavits in Ontario (Ministry of the Attorney General)
• Rules of Civil Procedure, r. 4.06 (Ontario)
• Commissioners for Taking Affidavits Act (Ontario)
• Notaries Act (Ontario)