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(2)
Unless otherwise agreed between the originator
addressee, the time of receipt of an electronic record shall (a)
(b)
and
the
where the addressee has designated an information
processing system for the purpose of receiving an electronic
record, occur (i)
at the time when the electronic record enters the
designated information processing system; or
(ii)
where the electronic record is sent to an information
processing system of the addressee that is not the
designated information processing system, at the time
when the electronic record is retrieved by the
addressee; or
where the addressee has not designated an information
processing system, occur when the electronic record enters
an information processing system that the addressee uses
for the purpose of receiving electronic records or information
of the type sent from which the addressee is able to retrieve
the electronic record or information.
(3)
Subsection (2) shall apply notwithstanding that the place where the
information processing system is located may be different from the place where
the electronic record is deemed to be received under subsection (4).
(4)
Unless otherwise agreed between the originator and the
addressee, an electronic record is deemed to be sent from the place where the
originator has his place of business, and is deemed to be received at the place
where the addressee has his place of business.
(5)
For the purposes of this section (a)
where the originator or the addressee has more than one
place of business, the place of business is that which has
the closest relationship to the underlying transaction or,
where there is no underlying transaction, the principal place
of business;
(b)
where the originator or the addressee does not have a place
of business, reference is to be made to the usual place of
residence; and