The performance report card is quantitative for the most part. We evaluate whether the responses to the requests are provided on time. As part of our investigation into cases in the first year that CBC was subject to the access to information measures, we took it into account. In fact, the commitment dates had been negotiated with CBC to respond to the number of requests received in the first year. All the same, the commitment date covered a period of one year and it had been taken into account in the investigations.
You asked me if I have seen this type of situation in other departments. The answer is yes. In this year's annual report, I am going to discuss a similar situation involving another government institution. At this time, there are no provisions in the federal legislation that allow us to determine whether the requests are frivolous or vexatious. Other legislation allows this. Nor is there a provision like the one suggested two years ago by former commissioner Marleau as part of his recommendations to this committee. He suggested that there be a provision to make it possible to obtain an extension when a number of requests are submitted at the same time by the same requester. This does not exist in the current legislation.
Obviously, when we prepare a report as part of investigations relating to this type of situation or when we prepare a report on performance, we cannot really take this into consideration. We can only relate certain facts to explain the context, which is what we did in our report.