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The only restriction is a prohibition
on electronic hearings where «a party satisfies the tribunal that holding an electronic rather than an oral hearing is likely to cause the party significant prejudice».
Interestingly, the prohibition
against electronic hearings because of significant prejudice does not apply if the purpose of the hearing is to deal with procedural matters.
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It may also be a documentary or
electronic hearing.
(2) The tribunal shall not hold
an electronic hearing if a party satisfies the tribunal that holding an electronic rather than an oral hearing is likely to cause the party significant prejudice.
Ontario's Statutory Powers Procedure Act allows either written hearings or
electronic hearings, if the rules of the relevant tribunal provide for them.
(4) In
an electronic hearing, all the parties and the members of the tribunal participating in the hearing must be able to hear one another and any witnesses throughout the hearing.
For instance, Ontario's Statutory Powers Procedure Act allows for
an electronic hearing.
«
Electronic hearing» means a hearing held by conference call, video conferencing or some other means of electronic technology permitting persons to hear one another.
An electronic hearing should not be held unless all parties, the Member and the witnesses can hear each other at all times.
5.2 (1) A tribunal whose rules made under section 25.1 deal with
electronic hearings may hold an electronic hearing in a proceeding.
Under subsection 5.2 (2) of the SPPA, a tribunal may hold
an electronic hearing rather than an «oral hearing» (a face to face hearing, or a hearing in person).
Generally,
electronic hearings (teleconference or videoconference) are permitted by statute and / or Tribunal rules.