Federal Courts Rules (SOR/98-106)

Marginal note:Right to a hearing

• 467 (1) Subject to rule 468, before a person may be found in contempt of Court, the person alleged to be in contempt shall be served with an order, made on the motion of a person who has an interest in the proceeding or at the Court’s own initiative, requiring the person alleged to be in contempt

  • (a) to appear before a judge at a time and place stipulated in the order;

  • (b) to be prepared to hear proof of the act with which the person is charged, which shall be described in the order with sufficient particularity to enable the person to know the nature of the case against the person; and

  • (c) to be prepared to present any defence that the person may have.

• Marginal note:Ex parte motion

  (2) A motion for an order under subsection (1) may be made ex parte.

• Marginal note:Burden of proof

  (3) An order may be made under subsection (1) if the Court is satisfied that there is a prima facie case that contempt has been committed.

• Marginal note:Service of contempt order

  (4) An order under subsection (1) shall be personally served, together with any supporting documents, unless otherwise ordered by the Court.