A Statutory Declaration (Stat Dec) is a sworn legal statement made before a Commissioner of Oaths or Notary Public. In construction, it confirms one specific thing: that a contractor or subcontractor has paid the people they are legally obligated to pay before receiving their next payment.

This is not a formality. It is not administrative paperwork. It is a sworn oath under Canadian law.

Money moves down the construction chain — from Owner to Prime Contractor, to Subcontractors, to suppliers and workers. At each level, the law requires that funds received on a project are held in trust for the people below. They are not the contractor’s money to keep.

The risk? A contractor could receive payment from above while still holding funds they owe to others further down the chain. If that money hasn’t flowed down as required, the project is exposed — those unpaid parties have the right to place a lien on the project, creating serious problems for ownership, financing, and completion.

A Stat Dec closes that gap. Before payment moves further up the chain, the party receiving it must swear they’ve taken care of their obligations to everyone below them.

Every project operates through a layered payment structure. A Stat Dec is the mechanism that keeps each layer accountable before funds move further along the chain.

This structure creates a security blanket for the project’s financing. The sworn declaration at each stage keeps funds moving properly through the chain and protects everyone from the legal exposure of an unpaid lien claim.

The obligation to use Stat Decs typically flows from your contract — but the legal framework behind why they matter is The Builders’ Lien Act. The Act establishes three interlocking protections that Stat Decs are built to support:

The CCDC 9 is the Canadian industry standard for a reason: it’s standardized, free, and eliminates the confusion that comes with custom or informal formats. Prescribing it in your contracts removes all ambiguity before a project even starts.

The Association’s role is to remove friction — not add it. Stat Decs should be fast, standard, and accessible. That’s exactly what we support for our members.

This resource is provided by the Construction Association of Saskatchewan (CASK) for general informational and educational purposes only. It is intended to help members understand the role of Statutory Declarations in construction practice and is not a substitute for qualified legal advice.

The application of The Builders’ Lien Act, contract requirements, and payment obligations will vary depending on your specific contracts, project circumstances, and jurisdiction. We strongly encourage members to consult a qualified construction lawyer for guidance on their specific situation.

For questions about accessing CCDC documents, seals, or Commissioner of Oaths services, contact your nearest CASK office or reach out at webuildsk@constructionsk.ca.