Quebec's private sector privacy law was found to be inadequate by the EU, and countries are considering moving the World Anti-Doping Agency, WADA, from Montreal.
PIPEDA, the federal private sector privacy law, has been found by the European Union to be adequate. However, the federal government can't simply place WADA under its jurisdiction due to the Constitution.
The government is free to amend legislation, but it's not free to ignore our Constitution. Simply stating that WADA is now subject to PIPEDA is subject to challenge, because to do so calls into question the constitutional foundation of the entire law. If PIPEDA applies to non-commercial activities, it needs a different constitutional basis. By encroaching on provincial powers, in this case seeking to impose a federal law where a provincial Quebec law already applies, the government is proposing to solve one problem by creating a much bigger problem.
The Privacy Commissioner has raised the same concerns.
This amendment is to recognize that the government cannot simply legislate this agency into its jurisdiction, because constitutionally it belongs to the province.
