35 (1) If a payor is served with a first notice under section 34 and makes a motion to change the support order, the payor may also, on notice to the Director, make a motion for an order that the Director refrain from directing the suspension of the payor’s driver’s licence under subsection 37 (1), on the terms that the court considers just, which may include payment terms.  2005, c. 16, s. 18; 2009, c. 33, Sched. 8, s. 2 (14). Interjurisdictional Support Orders Act, 2002 (2) For the purposes of this section, submitting a support variation application to the designated authority in Ontario under the Interjurisdictional Support Orders Act, 2002
has the same effect as making a motion to change a support order.  2005, c. 16, s. 18. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 35 (2) of the Act is repealed and the following substituted: (See: 2023, c. 9, Sched. 16, s. 25 (4)) Certain support variation applications (2) For the purposes of this section, submitting a support variation application to the designated authority in Ontario under the Interjurisdictional Support Orders Act, 2002 or to the Central Authority in Ontario under the International Recovery of Child Support and Family Maintenance Convention Act, 2023 has the same effect as making a motion to change a support order. 2023, c. 9, Sched. 16, s. 25 (4). Effect on arrears (3) Payment terms that are included in an order to refrain do not affect the accruing of arrears, nor do they affect any other means of enforcing the support order.  2005, c. 16, s. 18. Exceptions (4) Despite subsection (1), a motion for an order to refrain may be made, (a) before making a motion to change the support order, on the undertaking of the payor or the payor’s lawyer to obtain, within 20 days after the date of the order to refrain, a court date for the motion to change the support order; or (b) without making a motion to change the support order, if the payor has started an appeal of the support order and the appeal has not been determined.  2005, c. 16, s. 18. Court with jurisdiction to change support order (5) A motion for an order to refrain shall be made in the court that has jurisdiction to change the support order.  2005, c. 16, s. 18. Same (6) The court that has jurisdiction to change a support order is, (a) in the case of a support order that was made in Ontario, (i) the court that made the support order, unless subclause (ii) applies, (ii) if the support order is a provision in a domestic contract, the Ontario Court of Justice or the Family Court; and (b) in the case of a support order that was made outside Ontario, (i) if the support order was made under the Divorce Act (Canada), the Superior Court of Justice or the Family Court, (ii) if the support order is registered under the Interjurisdictional Support Orders Act, 2002, the court in Ontario that has jurisdiction under that Act to vary the support order.  2005, c. 16, s. 18; 2020, c. 34, Sched. 4, s. 4. Note: On a day to be named by proclamation of the Lieutenant Governor, subclause 35 (6) (b) (ii) of the Act is amended by adding “or the International Recovery of Child Support and Family Maintenance Convention Act, 2023” after “the Interjurisdictional Support Orders Act, 2002”. (See: 2023, c. 9, Sched. 16, s. 25 (5)) Financial statement and proof of income (7) A payor who makes a motion for an order to refrain shall serve and file together with the notice of motion, (a) a financial statement, in the form prescribed by the regulations or in the form prescribed by the rules of court; and (b) such proof of income as may be prescribed by the regulations.  2005, c. 16, s. 18; 2014, c. 7, Sched. 10, s. 10. Exception, undertaking (8) Despite clause (7) (b), if the payor is unable to serve and file the proof of income before the motion is heard, the court may make the order to refrain subject to the undertaking of the payor or the payor’s lawyer to serve and file the proof of income within 20 days.  2005, c. 16, s. 18. Court may change or terminate order to refrain (9) When an undertaking is made under subsection (8), the court may change or terminate the order to refrain, without proof of a material change in circumstances, on motion by the Director, if, (a) the 20-day period has expired and the proof of income has not been served and filed; or (b) the proof of income has been served and filed and the court is satisfied that a different order would have been made if the proof of income had been available when the motion for the order to refrain was heard.  2005, c. 16, s. 18. Time limits and changing order to refrain (10) A court shall not make an order to refrain after the 30-day period referred to in the first notice, but an order to refrain may be changed, on motion by the payor or the Director, at any time before the motion to change support is determined if there is a material change in the payor’s circumstances.  2005, c. 16, s. 18. Same (11) A court may make an order to refrain only within the 30-day period referred to in the first notice and may make only one order to refrain in respect of any first notice.  2005, c. 16, s. 18. Same (12) For greater certainty, the 30-day period referred to in the first notice can not be extended for the purposes of subsections (10) and (11).  2005, c. 16, s. 18. Same (13) For greater certainty, if the 30-day period referred to in the first notice expires on a day when court offices are closed, the last day for making an order to refrain is the last day on which court offices are open before the 30-day period expires.  2005, c. 16, s. 18. Order re arrears (14) When a court that has determined a motion for an order to refrain also determines the related motion to change support, the court, (a) shall state the amount of the arrears owing, after any change to the support order; and (b) may make an order respecting payment of the arrears.  2005, c. 16, s. 18. Same (15) For the purpose of clause (14) (b), the court may make any order that may be made under clause 41 (10) (a), (b), (c), (e), (h) or (i) or subsection 41 (19) and, in the case of an order provided by clause 41 (10) (h) or (i), imprisonment does not discharge arrears under the support order.  2005, c. 16, s. 18. When Director is a party (16) The Director is not a party to a motion to change a support order referred to in subsection (1), but the Director and the payor are the only parties to a motion under subsection (1) for an order to refrain.  2005, c. 16, s. 18. Filing with Director’s office (17) The court shall file a copy of the order in the Director’s office promptly after the order is signed.  2005, c. 16, s. 18. Form and effective date (18) An order to refrain shall be in the form prescribed by the regulations and takes effect only when it is filed in the Director’s office.  2005, c. 16, s. 18. Duration of order (19) An order to refrain terminates on the earliest of, (a) the day the order to refrain is terminated under subsection (9); (b) the day the motion to change or the appeal is determined; (c) the day the support order is withdrawn from the Director’s office; and (d) the day that is six months after the order to refrain is made.  2005, c. 16, s. 18. Exception (20) Despite subsection (19), an order to refrain made before the making of a motion to change the support order is automatically terminated if the payor does not, within 20 days after the date of the order to refrain, obtain a court date for the motion to change the support order.  2005, c. 16, s. 18. Extension of order (21) The court that made an order to refrain may, on a motion made by the payor with notice to the Director, extend the order for one further period of, (a) three months, unless clause (b) applies; or (b) six months, if the motion to change is being dealt with under section 44 of the Family Law Act, section 18.1, 18.2 or 19 of the Divorce Act (Canada) or the
Interjurisdictional Support Orders Act, 2002.  2005, c. 16, s. 18; 2020, c. 25, Sched. 1, s. 29 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, clause 35 (21) (b) of the Act is amended by striking out “the Divorce Act (Canada) or the Interjurisdictional Support Orders Act, 2002” at the end and substituting “the Divorce Act (Canada), the Interjurisdictional Support Orders Act, 2002 or the International Recovery of Child Support and Family Maintenance Convention Act, 2023”. (See: 2023, c. 9, Sched. 16, s. 25 (6)) Time for extending order (22) An extending order under subsection (21) shall not be made after the order to refrain has terminated.  2005, c. 16, s. 18. Same (23) For greater certainty, if the order to refrain terminates on a day when court offices are closed, the last day for making an extending order is the last day on which court offices are open before the order terminates.  2005, c. 16, s. 18. Application of order (24) An order to refrain is applicable only to the notice in respect of which the motion for an order to refrain was made under subsection (1).  2005, c. 16, s. 18. Section Amendments with date in force (d/m/y) 1996, c. 31, s. 64 - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011 2005, c. 16, s. 18
- 13/06/2005; 2005, c. 16, s. 37 - no effect - see Table of Public statute provisions repealed under section 10.1 of the Legislation Act, 2006 - 31/12/2011 2009, c. 33, Sched. 8, s. 2 (14) - 15/12/2009 2014, c. 7, Sched. 10, s. 10 - 24/07/2014 2020, c. 25, Sched. 1, s. 29 (2) - 01/03/2021; 2020, c. 34, Sched. 4, s. 4 - 08/12/2020 2023, c. 9, Sched. 16, s. 25 (4-6) - not in force