(1) Unless otherwise agreed between the originator and the addressee of an
electronic communication—
(a) the time of receipt of the electronic
communication is the time the electronic communication becomes capable of
being retrieved by the addressee at an electronic address designated by the
addressee; or
(b) the time of receipt of the electronic communication at
another electronic address of the addressee is the time when both—
(i) the
electronic communication has become capable of being retrieved by the
addressee at that address; and
(ii) the addressee has become aware that the
electronic communication has been sent to that address.
(2) For subsection
(1) , unless otherwise agreed between the originator and the addressee of the
electronic communication, it is to be assumed that the electronic
communication is capable of being retrieved by the addressee when it reaches
the addressee’s electronic address.
(3) Subsection (1) applies even though
the place the information system supporting an electronic address is located
may be different from the place the electronic communication is taken to have
been received under section 25.
