(1) For the
purposes of a law of this jurisdiction, unless otherwise agreed between the
originator and the addressee of an electronic communication, the time of
transmission of the electronic communication is—
(a) the
time when the electronic communication leaves an information system under the
control of the originator or of the party who sent it on behalf of the
originator; or
(b) if
the electronic communication has not left an information system under the
control of the originator or of the party who sent it on behalf of the
originator—the time when the electronic communication is received by the
addressee.
Note—
Paragraph (b) would apply to a case where the parties exchange
electronic communications through the same information system.
(2)
Subsection (1) applies even though the place where the information system
supporting an electronic address is located may be different from the place
where the electronic communication is taken to have been transmitted under
section 13B.