Environmental Assessment

Declaration Orders

The Environmental Assessment Act (EAA) enables the Minister of the Environment to declare through an order that some or all of the requirements of the EAA do not apply to a proponent’s project. A Declaration Order exempts the project from being subject to the EAA.

Declaration Orders are usually considered:

• in cases of emergency
• when the proposal is in the public interest
• where potential environmental effects are likely to be minimal
• where environmental impacts are already being adequately addressed

A proponent may make a written request for a Declaration Order to the Minister. The Minister will often require a review by government review agencies and the public prior to making a decision on whether to recommend granting a Declaration Order.

The request is usually posted on the Environmental Registry for a 30-day public comment period. Public submissions are considered by the Minister in making a decision.

A Declaration Order may include conditions with which a proponent must comply. These conditions are to ensure environmental protection and address such matters as the period for which the Declaration Order is in effect, specific studies which must be undertaken or any specific consultation requirements.