CCDC 9B – 2001 Statutory Declaration of Progress Payment Distribution by Subcontractor
What is the document?
CCDC 9B – 2001 Statutory Declaration of Progress Payment Distribution by Subcontractor is a sworn statement for use by the Subcontractor as a condition of receiving payment for either the second and subsequent applications for progress payment or the release of holdback funds.
For additional information on the new Statutory Declarations please see Bulletin #21
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Obtaining statuary declaration forms
The Canadian Construction Documents Committee (CCDC) has produced Statutory Declaration forms CCDC 9A (prime contractor) and CCDC 9B (subcontrac tor). These may be downloaded free-of-charge from the CCDC website. If you have the Adobe Acrobat programme installed on your computer, you can complete the form in its entirety from your computer before printing. An information bulletin (CCDC bulletin 21) concerning the forms can also be downloaded from the same area of the website.
Completing your completed statuary declarations
To assist in serving you better, please be aware of the following specific items concerning your statutory declaration forms:
1. The declarant identifies whether the declaration is a condition for progress payment or release of holdback funds by marking the appropriate box at the top left of the forms. One declaration cannot be used for both conditions. A separate declaration must be made for release of holdback.
2. A commissioner may not sign a form that is blank, only partially completed, or one that contains spelling/typing errors. This is a legal document. Please ensure your statutory declaration(s) are accurately completed before bringing them to the commissioner for signing.
3. Your completed statutory declaration must be signed in front of a Commissioner for Taking Affidavits, a Notary Public, or a Justice of the Peace. This is not the same list as those who can sign a passport application. Included in the full list of qualified persons is your solicitor. Please note some commissioners/solicitors charge a fee for affidavit services. You cannot sign your statutory declaration(s) in advance and have one of your employees drop them off. It must be signed by the President, Vice-President, Secretary, or other signing officer authorized by resolution. The declaration cannot be delegated to an employee who is not an authorized signing officer.
4. Completing the declaration portion of the form. Part of the commissioning process is for the commissioner to personally complete the declaration section (Declared before me at … place name, date, etc.). Please leave this section blank.
5. A CCDC copyright sticker is required on the new revised forms. The Canadian Construction Documents Committee holds the copyright to the design and content of the CCDC 9A and 9B statutory declaration forms. You will see a box in the lower right corner of the current 2001 edition forms to which a CCDC copyright validation sticker needs to be affixed. You will also see a copyright violation warning statement printed across the bottom of the form. This sticker must be affixed before commissioner signs the form(s).
Frequently Asked Questions
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You do not need to purchase a complete set. All CCDC documents can be purchased individually. However if you want all of the CCDC documents it is more economical to purchase a complete set rather than purchase each document individually.
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- If you continue to have problems with your registration number please contact Christine Rioux at (613) 236-9455.
The legislation of the applicable province will set out who can take affidavits and declarations. In Ontario for example, the Commissioners for Taking Affidavits Act http://www.canlii.org, states who can take affidavits and declarations. Some individuals by virtue of their office are automatically entitled to do so. This includes provincial judges and Members of the Legislative Assembly, lawyers entitled to practise in the Province, and municipal councillors to name a few. The Attorney General can also appoint Commissioners pursuant to this Act, which is typically the Commissioners of Oaths present in construction associations. They will have stamps and certificates to prove their standing.