Meaning of statutory instrument
7 Meaning of statutory instrument
A statutory instrument is an instrument that satisfies subsections (2) and (3).
The instrument must be made under—
an Act; or
another statutory instrument; or
power conferred by an Act or statutory instrument and also under power conferred otherwise by law.Example of paragraph (c)—an instrument made partly under an express or implied statutory power and partly under the Royal Prerogative
The instrument must be of 1 of the following types—
• a regulation
• an order in council
• a rule
• a local law
• a by-law
• an ordinance
• a subordinate local law
• a statute
• a proclamation
• a notification of a public nature
• a standard of a public nature
• a guideline of a public nature
• another instrument of a public nature by which the entity making the instrument unilaterally affects a right or liability of another entity.
However, to remove doubt, an Executive Council minute is not itself a statutory instrument.
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