“To summarize, it is important to know the following about the court’s jurisdiction to make refraining orders:
a) A refraining order can only be made with respect to a First Notice. It cannot be made in response to a Final Notice.
b) The refraining order must be obtained within the 30-day period referred to in the First Notice. This time period cannot be extended by the Director or the court.
c) If the 30-day period referred to in the First Notice expires on a day when court offices are closed, the last day that the court can make a refraining order is the last day on which court offices are open before the 30-day period expires.
d) If the payor does not obtain a court date for a motion to change within 20 days of obtaining the refraining order, the refraining order is automatically terminated. If this happens, no further notice to the payor is required for the Director to direct the Registrar of Motor Vehicles to suspend the payor’s driver’s licence.
e) The refraining order also terminates on the earliest of the dates set out in subsection 35(19) of the [Family Arrears and Support Enforcement] If this happens, no further notice to the payor is required for the Director to direct the Registrar of Motor Vehicles to suspend the payor’s driver’s licence.
f) If the refraining order has not been automatically terminated due to the payor’s failure to obtain a date for a motion to change within 20 days, it may be extended, on motion to the court that made the order, for one further three to six month period, depending on the facts. The motion to extend the order must be heard before the order expires.
g) If the payor fails to comply with the payment terms of a refraining order, a payment agreement with the Director made in response to a First Notice, or the terms of a new support order made pursuant to a motion to change, the Director may send a Final Notice to the payor within 24 months of the date of the agreement or court orders. The court cannot make a further refraining order if this happens. The payor must either pay the arrears, bring the court order or agreement into good standing or enter into a payment agreement satisfactory to the Director.
h) If more than 24 months have elapsed from the making of any such agreement or court order, the Director is required to send the payor a First Notice – not a Final Notice. In this event, the payor does have the right to move for a refraining order.”
Farah v. Ontario (Director, Family Responsibility Office), 2018 ONCJ 829 (CanLII) at 36