44 (1) In an application under section 33 or 37 in the Ontario Court of Justice or the Family Court of the Superior Court of Justice, the court shall proceed under this section, whether or not the respondent in the application files a financial statement, if, (a) the respondent fails to appear; (b) it appears to the court that the respondent resides in a locality in Ontario that is more than 150 kilometres away from the place where the court sits; and (c) the court is of the opinion, in the circumstances of the case, that the issues can be adequately determined by proceeding under this section.  R.S.O. 1990, c. F.3, s. 44 (1); 2019, c. 14, Sched. 9, s. 42. Idem (2) If the court determines that it would be proper to make a final order, were it not for the respondent’s failure to appear, the court shall make an order for support that is provisional only and has no effect until it is confirmed by the Ontario Court of Justice or the Family Court of the Superior Court of Justice sitting nearest the place where the respondent resides.  R.S.O. 1990, c. F.3, s. 44 (2); 2019, c. 14, Sched. 9, s. 42. Transmission for hearing (3) The court that makes a provisional order shall send to the court in the locality in which the respondent resides copies of such documents and records, certified in such manner, as are prescribed by the rules of the court.  R.S.O. 1990, c. F.3, s. 44 (3). Show cause (4) The court to which the documents and records are sent shall cause them to be served upon the respondent, together with a notice to file with the court the financial statement required by section 41, and to appear and show cause why the provisional order should not be confirmed.  R.S.O. 1990, c. F.3, s. 44 (4). Confirmation of order (5) At the hearing, the respondent may raise any defence that might have been raised in the original proceeding, but if the respondent fails to satisfy the court that the order ought not to be confirmed, the court may confirm the order without variation or with the variation that the court considers proper having regard to all the evidence.  R.S.O. 1990, c. F.3, s. 44 (5). Adjournment for further evidence (6) If the respondent appears before the court and satisfies the court that for the purpose of a defence or for the taking of further evidence or otherwise it is necessary to remit the case to the court where the applicant resides, the court may remit the case and adjourn the proceeding for that purpose.  R.S.O. 1990, c. F.3, s. 44 (6). Where order not confirmed (7) If the respondent appears before the court and the court, having regard to all the evidence, is of the opinion that the order ought not to be confirmed, the court shall remit the case to the court sitting where the order was made with a statement of the reasons for doing so, and the court sitting where the order was made shall dispose of the application in accordance with the statement.  R.S.O. 1990, c. F.3, s. 44 (7). Certificates as evidence (8) A certificate certifying copies of documents or records for the purpose of this section and purporting to be signed by the clerk of the court is, without proof of the clerk’s office or signature, admissible in evidence in a court to which it is transmitted under this section as proof, in the absence of evidence to the contrary, of the copy’s authenticity.  R.S.O. 1990, c. F.3, s. 44 (8). Right of appeal (9) No appeal lies from a provisional order made under this section, but a person bound by an order confirmed under this section has the same right of appeal as he or she would have had if the order had been made under section 34.  R.S.O. 1990, c. F.3, s. 44 (9). Section Amendments with date in force (d/m/y) 2019, c. 14, Sched. 9, s. 42 - 10/12/2019 Necessities of life