Statutory declaration
Also: CCDC 9A, WSIB clearance certificate
Quick definition: A sworn written statement by the contractor, provided with payment applications or at close-out, declaring that its subcontractors and suppliers have been paid and that there are no outstanding claims, except as listed.
Explanation
Beginner explanation
Before releasing major payments, the owner asks the contractor to formally swear that it has paid its trades. Making a false declaration has legal consequences.
Technical explanation
Statutory declarations are commonly required with applications for release of holdback and final payment, and often with progress payments; in Canadian practice the declaration form CCDC 9A is widely used. Under the OAA/OGCA Take-Over Procedures, the contractor's application for the certificate of substantial performance includes a statutory declaration, cost statements, a holdback invoice and a WSIB clearance certificate. Owners rely on these declarations, together with the lien period, to manage the risk of paying while subcontractors remain unpaid.
Practical example
With its application for release of basic holdback, the contractor submits a statutory declaration listing one disputed subcontract amount, and a WSIB clearance certificate showing its premiums are paid.
Why it matters
It is the owner's main paper protection against paying twice for the same work.
Standards and references
- OAA/OGCA Take-Over Procedures (Document No. 100). Ontario Association of Architects and Ontario General Contractors Association, 2019.Widely accepted professional interpretation
Supports: Statutory declaration, cost statements, holdback invoice and WSIB clearance certificate with the application for substantial performance · Status: Written under the former Construction Lien Act (reissued January 2019); check figures against the current Construction Act.
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VDC Stack.io. (2026). Statutory declaration. In VDC Stack.io Knowledge Dictionary. Retrieved from https://vdcstack.io/dictionary/statutory-declaration/