Was the district managers decision not to levy an administrative penalty appropriate and reasonable?
It is apparent from the determination of the district manager that he was of the view that a remediation order alone was an adequate remedy to the contravention in this case. While there is no legal requirement to provide exhaustive reasons for his determination, the panel finds that the determination of the district manager was perfunctory in its treatment of the decision between administrative penalty, remediation order or both. The respondent’s submission describes a set of implicit considerations taken by the district manager, but the panel finds that the linkages between the original determination and the review submission are tenuous. The review panel does not consider the decision of the district manager patently unreasonable, but the panel is concerned about the perfunctory nature of the original determination and the tenuous linkage between the original determination and the respondent submissions to this review. In conducting this review, the panel makes the following observa
