As I've proposed in my special report, I really don't have an issue with having a provision that would deal with frivolous and vexatious requests or requests made in bad faith. I do take issue with the various components of that and the various ways by which an institution can deny or can decide not to respond to an access request under Bill C-58. That's laid out in my report.
In terms of the provision for frivolous and vexatious requests, which is proposed paragraph 6.1(1)(d), I don't have any issues with that provision. When I issued my recommendations, I was making my recommendations under the basis of a true order-making model, and I recommended that this would be subject to an appeal to the Information Commissioner. Under the Bill C-58 model, which I do not consider to be a true order-making model, I would recommend that permission be sought from the Information Commissioner before an access request is denied on the grounds of being frivolous, vexatious, or in bad faith.