Is Elections Canada changing the rules after the big game?

What's this? It's starting to look like Elections Canada did in fact attempt to change their guidelines for local election advertising, but for some reason they're trying to apply the new rules RETROACTIVLY? What's up with that?

Hansard, April 29 2008, 2:50pm
Mr. Pierre Poilievre: "Mr. Speaker, the 2005 election handbook for candidates states:

Election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate....

In other words, local ads can focus on the candidate or the party. However, after the election was over, Elections Canada suddenly changed the rules to delete “registered party” ensuring that only advertising focused on the local candidate would be allowed to be expensed locally. It cannot change the rules after the game is over."

Hansard, April 29 2008, 3:09pm
Mr. Pierre Poilievre: "Mr. Speaker, I mentioned earlier in the House of Commons today that Elections Canada has attempted to change the rules around what qualifies for a local advertisement.

I quoted the old rules that were contained in the 2005 “Election Handbook for Candidates, Their Official Agents and Auditors”, which I concluded--and I would like to table--"

[interuption]

Mr. Pierre Poilievre: Mr. Speaker, to that end, I would like to support the case made in the House of Commons by tabling, in both official languages, Elections Canada's handbook for candidates, the version that was written in 2005, and the version that was subsequently altered by Elections Canada in 2007 after this recent dispute with the Conservative Party came to light.

h/t to DBT for Pierre's quotes.

So, here's the big question for everyone... is the umpire allowed to move the foul line AFTER the game winning double has been hit?

This is a HUGE deal... I'm looking for the 2005 manual to see for myself, and post the relevant section... but in the meantime take a look at this NEWLY REWORDED SECTION OF THE CANDIDATE'S MANUAL from Elections Canada... DATED MARCH 1, 2007.

Election advertising

Election advertising means the transmission to the public by any means during an
election period of an advertising message that promotes or opposes a candidate, including one that takes a position on an issue with which a registered party or candidate is associated. Election advertising includes articles such as billboards, bus signs, pamphlets, lawn signs, flyers, stickers, lapel buttons or pins, T-shirts and caps, among others. [319]

Identification of election advertising

All election advertising that promotes or opposes a candidate, including taking a position on an issue with which a registered party or candidate is associated, must indicate who authorized it (e.g. if promoting or opposing a candidate in his or her own electoral district, it must be authorized by the official agent of the candidate). [320]

For example, a pamphlet promoting candidate Jane Brown should display the
following message: Authorized by the official agent of Jane Brown.

But hang on just one second... this is the HANDBOOK, NOT the actual legislation.

So, pray tell, what does the actual Elections Act define as "advertising"?

319. The definitions in this section apply in this Part.

"election advertising" means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated.

Election Advertising

Message must be authorized

320. A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.