(1) Subject to subsections ( 2) and (3), the drawee institution may refuse payment of a stale cheque.
(2) The drawee institution must not refuse payment of a stale cheque if:
(a) the drawee institution is obliged, by an agreement with the drawer, to pay the cheque notwithstanding that it is a stale cheque; or
(b) the drawer directs the drawee institution to pay the cheque notwithstanding that it is a stale cheque.
(3) The drawee institution must refuse payment of a stale cheque if:
(a) the drawee institution is obliged, by an agreement with the drawer, not to pay the cheque after it has become stale; or
(b) the drawer directs the drawee institution not to pay the cheque after it has become stale.