The Environmental Assessment Act (EAA) enables the Minister of the Environment to declare, through an Order, that an Environmental Assessment (EA) is not required for a certain undertaking or activity. Cabinet concurrence with the Minister’s Order is required. A Declaration Order changes a proponent’s project status from "being subject to the Act" to being exempt from some or all of the requirements of the Act.

Declaration Orders are usually considered in cases of emergency or where the proposal is in the public interest and potential environmental impacts are minimal or where environmental impacts are being addressed adequately.

A proponent may make a written submission to the Minister requesting that a project be declared not subject to the provisions of the EAA. The Minister will often require a public and agency review of the request prior to making a decision on whether or not to recommend granting the Declaration Order.

The request is usually posted for a minimum of 30 days on the Environmental Registry prior to the Minister’s decision in accordance with the Environmental Bill of Rights. The public has an opportunity to comment on the proposed Declaration during the 30-day period.

Usually a Declaration Order includes conditions which a proponent must meet. These conditions are used to ensure environmental protection and address such matters as the period for which the Declaration Order will be in effect, the specific studies to be done and/or the consultation to be undertaken.