The Attorney General of Quebec applied for a rehearing to determine whether section 133 of the British North America Act applies to delegated legislation, such as regulations of statutory bodies, municipalities, and school boards.
The Supreme Court of Canada held that section 133 applies to regulations enacted by the provincial government, ministers, and agencies subject to government approval, as well as to court rules of practice.
However, the Court concluded that section 133 does not apply to municipal or school body by-laws, even if they are subject to government approval.
