(1) For the
purposes of a law of this jurisdiction, 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 when 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 the purposes
of 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 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 received under
section 13B.