The restriction on the scope of oral hearings effectively eliminates de novo hearings relating to the appeals identified in subsections 38(1) and (2) of the LPAT Act.
This is at odds with section 10.1 of the Statutory Powers Procedure Act which provides as follows with respect to the examination of witnesses:
A party to a proceeding may, at an oral or electronic hearing,
(a) call and examine witnesses and present evidence and submissions; and
(b) conduct cross-examinations of witnesses at the hearing reasonably required for a full and fair disclosure of all matters relevant to the issues in the proceeding.
However, pursuant to subsection 31(3) of the LPAT Act, the LPAT Act, regulations made under the LPAT Act, and the Tribunal's Rules of Practice and Procedure prevail, in the event of a conflict, over the provisions of the Statutory Powers Procedure Act.