Certificate Of Substantial Performance for Canada

Certificate Of Substantial Performance Template for Canada

A Certificate of Substantial Performance is a legally significant document used in Canadian construction projects to formally certify that a construction project has reached substantial performance as defined by provincial legislation. This document serves as a trigger point for various contractual and statutory obligations, including the commencement of lien claim periods and the release of statutory holdbacks. The certificate must comply with specific provincial requirements, as construction law in Canada falls under provincial jurisdiction, with each province having its own legislation governing the form and content of the certificate. The document includes essential project details, certification statements, and often requires publication in construction trade newspapers or prescribed platforms.

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What is a Certificate Of Substantial Performance?

The Certificate of Substantial Performance is a crucial document in Canadian construction projects that marks a significant milestone in the construction process. It is required under various provincial construction acts and lien legislation when a construction project reaches the state of substantial performance, typically defined as when the improvement is ready for use or being used for its intended purpose, with only minor deficiencies remaining. The certificate must be issued by an authorized certifier (usually an architect, engineer, or other designated professional) and includes specific project details, dates, and certification statements. Once issued and published, the Certificate of Substantial Performance triggers important timelines for lien rights and the release of statutory holdbacks, typically starting a 45-60 day lien period depending on the province. This document is fundamental to the proper administration of construction contracts and the protection of various stakeholders' rights under Canadian construction law.

What sections should be included in a Certificate Of Substantial Performance?

1. Project Identification: Details of the construction project including address, legal description of premises, and project name

2. Owner Information: Full legal name and address of the property owner

3. Contractor Information: Full legal name and address of the general contractor

4. Contract Details: Reference to the contract including date and parties

5. Certification Statement: Formal statement certifying that substantial performance has been achieved as defined in the applicable legislation

6. Date of Substantial Performance: The specific date when substantial performance was achieved

7. Certification Authority: Identity and credentials of the person/entity making the certification (architect, engineer, or other authorized person)

8. Payment Certifier Details: Name, address and contact information of the payment certifier if different from certification authority

What sections are optional to include in a Certificate Of Substantial Performance?

1. Outstanding Deficiencies: List of minor deficiencies to be completed, used when there are specific items that don't prevent substantial performance but need to be documented

2. Value of Work Completed: Statement of the value of work completed to date, used in jurisdictions where this is required or when needed for payment purposes

3. Holdback Release Information: Details about holdback amounts and release dates, included when specific holdback information needs to be documented

4. Statutory Declaration: Additional declarations required by specific provinces or circumstances

5. Notice Requirements: Specific notice requirements or publications needed, included when required by provincial legislation

What schedules should be included in a Certificate Of Substantial Performance?

1. Schedule A - Project Scope Description: Detailed description of the project scope that has been substantially performed

2. Schedule B - Deficiency List: Detailed list of minor deficiencies and incomplete work

3. Schedule C - Value Breakdown: Detailed breakdown of contract value and work completed

4. Appendix 1 - Site Plans: Referenced site plans or drawings identifying the scope of work certified

5. Appendix 2 - Supporting Documentation: Any additional documentation required to support the certification

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Sector

Education

Cost

Free to use
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Institutional Construction

Public Works

Mining

Oil and Gas

Healthcare Construction

Educational Facilities

Relevant Teams

Legal

Construction

Project Management

Contract Administration

Finance

Risk Management

Operations

Development

Procurement

Quality Assurance

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Quantity Surveyor

Project Architect

Construction Engineer

Legal Counsel

Development Manager

Site Superintendent

Chief Financial Officer

Construction Director

Claims Manager

Risk Manager

Procurement Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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