Section 16Part 4 — Communication of Electronic Records
Acknowledgement of receipt of electronic records
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Subsections (2), (3) and (4) apply where, on or before sending an electronic record, or by means of that electronic record, the originator has requested, or agreed with, the addressee that receipt of the electronic record be acknowledged by the addressee.
Where the originator has not agreed with the addressee that the acknowledgement be given in a particular form or by a particular method, an acknowledgement may be given by —
a communication by the addressee to the originator, automated or otherwise; or
conduct of the addressee, that is reasonably sufficient to indicate to the originator that the electronic record has been received.
Where the originator has stated that an electronic record is conditional on receipt by him of an acknowledgement, the electronic record shall be presumed not to have been sent until an acknowledgment has been received by him.
Where the originator has not stated that the electronic record is conditional on receipt of the acknowledgement and the acknowledgement has not been received by the originator within the time specified or agreed or, if no time has been specified or agreed, within a reasonable time, the originator —
may give notice to the addressee —
stating that no acknowledgement has been received and that the electronic record is to be treated as though it had never been sent; or
specifying a reasonable time by which the acknowledgement must be received; and
if the acknowledgement is not received within the time specified in paragraph (a), may, upon notice to the addressee —
treat the electronic record as though it had never been sent; and
exercise any other rights the originator may have.
Where the originator receives the addressee's acknowledgement of receipt it may be presumed that the related electronic record has been received by the addressee but that presumption shall not imply that the electronic record received corresponds to the electronic record as sent.
Where the addressee's received acknowledgment states that the related electronic record met technical requirements that the originator and the addressee have agreed should be met, it shall be presumed that the requirements have been met.
Except insofar as it relates to the sending or receipt of an electronic record, this section shall not affect the legal or equitable consequences that may flow either from that electronic record or from the acknowledgement of its receipt.
Defined Terms
electronic recordoriginatoraddresseeacknowledgement