What is the difference between a statute and a regulation?

Statutes and regulations are both laws. There is no difference in their effect. A regulation creates obligations and requirements which must be followed in the same way as if they were set out in a statute.

For example, the Residential Tenancies Act sets out the law with regard to the responsibilities and obligations of landlords and tenants. In addition, there are several regulations related to the Act which set out further obligations. The items set out in the regulations are law in the same way as the items set out in the Act.

Regulations give the law flexibility. When the Legislature or Parliament wants to pass a new law as a statute, there is a detailed procedure that has to be followed which can take a long time. A regulation can be passed a lot more quickly and this allows lawmakers to respond to situations quickly without having to amend a current statute or pass a new statute. Many statutes specifically state that there is a power to pass regulations under the terms of the statute.

An example of how a regulation gives the law flexibility is where a statute establishes monetary amounts or measurements, such as fines or limits that might change over time. Regulations will set out the specific details of the amounts. If the amount needs to change, the regulation can be updated relatively quickly.

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