STATUTORY INSTRUMENTS ACT 1992 - SECT 20A Regulation may be used instead of another type of subordinate legislation

STATUTORY INSTRUMENTS ACT 1992 - SECT 20A

20A Regulation may be used instead of another type of subordinate legislation

(1) If—

(a) an Act authorises or requires the Governor, the Governor in Council, a Minister, an officer of the public service or the holder of a prescribed office established by or under an Act to make provision with respect to a matter by subordinate legislation; and

(b) the Act or another Act—

(i) does not specify the type of subordinate legislation to be used; or

(ii) specifies that a type of subordinate legislation other than a regulation is to be used;

the Governor in Council may make provision with respect to the matter by regulation made under the Act .

(2) Subsection (1) applies even though the Act would not, apart from this section, confer power on the Governor in Council to make a regulation for the purposes of the Act .

Example 1—

If an Act provides that provision may be made with respect to a matter by order in council, provision may now be made by regulation.

Example 2—

If provision has already been made with respect to a matter by order in council, the order in council may be repealed or amended by a regulation.

(3) If subsection (1) applies to a provision of an Act, a reference in a law (including the Act ) to subordinate legislation of a particular type made under the provision, or the Act generally, includes a reference to a regulation that makes provision with respect to a matter for the purposes of the provision.

Example—

If a provision of an Act refers to orders in council made under section 6 of the Act and subsection (1) applies in relation to section 6 , the reference includes a reference to a regulation that makes provision with respect to a matter for the purposes of section 6 .