The only difference is in the third branch of the test. The Privacy Commissioner uses the words “prescribed circumstances where personal information would not attract a reasonable expectation of privacy”.
I don't have the motion in front of me, but I think it says “pursuant to common law authority”, which is the wording that's used in paragraph 71 of the Spencer decision. In this circumstance, I think that putting “prescribed” in CPPA would probably lead to more confusion because when we say “prescribed”, we typically mean regulation.
Again, assuming that the Privacy Commissioner wants Spencer codified, that's not what Spencer says. Spencer says “common law authority”; those are obviously authorities that are prescribed by the court, not through regulation.