Acts and Regulations

Rule-76 - CONTEMPT PROCEEDINGS

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Current to 1 January 2024
PARTICULAR PROCEEDINGS
RULE 76
CONTEMPT PROCEEDINGS
76.01Application of Rule
This rule applies where
(a) the court has power to punish for contempt, or
(b) attachment, sequestration or other punishment for contempt is provided in an Act and no procedure is set out in that Act for its enforcement.
76.02Power to Punish for Contempt
The power to punish for contempt of court may be exercised by a Contempt Order (Form 76A) under this rule.
76.03Application for Contempt Order
(1)An application for a Contempt Order may be made
(a) in any proceeding commenced by an originating process, by Notice of Motion,
(b) in respect of failure by a debtor to comply with an order under Part 5 of the Enforcement of Money Judgments Act, by Notice of Motion, and
(c) in any other matter, by Notice of Application.
(2)An application under this rule shall be supported by an affidavit setting out
(a) the name, address and description of the applicant,
(b) the name, address and description of the person against whom an order is sought, and
(c) the facts supporting the grounds on which the order is sought.
85-5; 2007-17; 2019-33
76.04Power to Order Person to Appear in Court
The court may, on its own initiative or on application, make an Order for Appearance (Form 76B) directing any sheriff or other peace officer in New Brunswick to cause any person to appear before the court to show why he should not be held in contempt of court and, if required, to comply with any order which the court may make, and the sheriff shall have power to take the person into custody and to hold him if required by the order.
76.05Right to be Heard
Notwithstanding Rule 39.02(2), a person against whom a contempt order is sought is entitled to give oral evidence at the hearing.
76.06Contempt Order
(1)If the court finds a person guilty of contempt, it may make any order it considers necessary, including an order that
(a) he be imprisoned upon such terms as may be just,
(b) he be imprisoned if he fails to comply with a term or condition of the order,
(c) he pay a fine,
(d) he give security for good behaviour,
(e) he do or refrain from doing any act,
(f) he pay costs and expenses as may be just,
(g) he comply with any other order which the court considers necessary, and
(h) a sheriff take possession of any of the property of the person in contempt and collect the rents, profits and income therefrom and hold the property until the person complies with the terms of the order.
(2)The court may modify or suspend the execution of a Contempt Order for such period or on such terms and conditions as may be just.
(3)Unless the court orders otherwise, a copy of the Contempt Order and any order modifying or suspending it shall be served forthwith by the applicant on any person affected by it.
(4)When a person who has been detained in custody or whose property has been taken pursuant to a Contempt Order continues to disobey the terms of the order, the court may make a further order upon such terms as may be just.
(5)Where a person against whom a Contempt Order has been issued cannot be found, the court may, on motion without notice, issue a Contempt Order against the property of the person and the sheriff may execute the order in the absence of the person.
2008-2
76.07Corporation in Contempt
Where a corporation is found guilty of contempt, the court may make a Contempt Order against any officer, director, employee or agent who directed, authorized, assented to, acquiesced in or participated in the contempt.
76.08Contempt by a Person not a Party
Any person not a party, who disobeys an order or who commits any other contempt, may be punished for contempt as if he were a party.
76.09Variation of Contempt Order
The court may, on the application of any person committed to prison under a Contempt Order, and on such terms as may be just
(a) modify the Contempt Order,
(b) limit the term of imprisonment or discharge the committed person,
(c) give direction with respect to any property of which a sheriff has taken possession under the Contempt Order,
(d) grant such other relief or make such other order as may be just.
76.10Inherent Power of the Court
This rule shall not be construed to limit the inherent powers of the court to punish for contempt.
76.11Attachment
Wherever the remedy of attachment is provided for in these rules, it shall be enforced under this rule.