Common use of DOCUMENTS IN ELECTRONIC FORM Clause in Contracts

DOCUMENTS IN ELECTRONIC FORM. Nothing in this Part 12 shall require a person to create or otherwise provide an electronic document. Subject to any additional conditions set out in Section 12.2 below, a requirement under the Act, the Articles or the By-laws to provide a person with a notice, document or other information may be satisfied by the provision of an electronic document, provided that: (a) the addressee has consented in writing and has designated an information system for the receipt of electronic documents; (b) the electronic document is provided to the designated information system, unless otherwise provided for under the Act; and (c) all other requirements of the Act have been complied with. An addressee may revoke the consent referred to in Section 12.1(a) above in the manner provided for under the Act. Except where a notice, document or other information must be sent to a specific place (such as a registered address), an electronic document need not be sent to the designated information system if (i) the document is posted on or made available through a generally accessible electronic source, such as a web site; and (ii) the addressee is provided with notice in writing of the availability and location of that electronic document. An electronic document shall be considered to have been received when it enters the information system designated by the addressee or if the document is posted on or made available through a generally accessible electronic source, when the addressee receives the notice of availability and location of that electronic document or, if sent electronically, when such notice enters the information system designated by the addressee.

DOCUMENTS IN ELECTRONIC FORM. Nothing in this Part 12 shall require a person to create or otherwise provide an electronic document. Subject to any additional conditions set out in Section 12.2 belowof this by-law, a requirement under the Act, the Articles Regulations or the Bythis by-laws law to provide a person with a notice, document or other information may be satisfied by the provision of an electronic document, provided that: 12.1 (a) the addressee has consented consented, in writing the manner prescribed by the Regulations, if any, and has designated an information system for the receipt of electronic documents; (b) 12.2 the electronic document is provided to the designated information system, unless otherwise provided for under prescribed by the ActRegulations; and (c) all 12.3 any other requirements of the Act Regulations have been complied with. An addressee may revoke the consent referred to in Section 12.1(a) above ). Nothing in the manner provided for under the Actthis Section 12 shall require a person to create or otherwise provide an electronic document. Except where a notice, document or other information must be sent to a specific place (such as a registered address), an electronic document need not be sent to the designated information system if if: (ia) the document is posted on or made available through a generally accessible electronic source, such as a web sitewebsite; and (iib) the addressee is provided with notice in writing of the availability and location of that electronic document. An electronic document shall be considered to have been received when it enters the information system designated by the addressee or if the document is posted on or made available through a generally accessible electronic source, when the addressee receives the notice of availability and location of that electronic document or, if sent electronically, when such notice enters the information system designated it is accessed by the addressee.