223When notices given

1. For the purposes of this Act, a notice is given,—

2. if sent by post, at the time when the notice would in the ordinary course of post be delivered:
3. if sent by fax, at the time shown on the record of transmission:
4. if sent by email, at the time a record of transmission shows that it was received in the electronic communications system:
5. if sent to or from an electronic workspace facility, at the time a record of transmission shows that it was received in the electronic communications system:
6. if sent by courier service, at the time of delivery recorded by the courier service provider:
7. in the case of any prescribed method, at the time prescribed.

8. Subsection (1) does not apply if a person shows that through no fault on the person's part, the notice was not received within the time specified in subsection (1).

9. For the purposes of subsection (1)(a), it is sufficient to prove that the notice was properly addressed and posted.

10. For the purposes of subsection (1)(c) and (d),—

    electronic communications system means,—

    1. in the case of an email system, the electronic communications system for sending and receiving email; and
    2. in the case of an electronic workspace facility, the electronic communications system by which users of the facility can send and receive communications

    record of transmission includes—

    1. an acknowledgement from an electronic communications system; or
    2. the absence of notification that a transmission has not been received into or processed by an electronic communications system.