(a)	 the addition of any endorsement; or
(b)	 any immaterial change, which arises in the
normal course of communication, storage
or display.
Expression of
intent or other
statement

184. As between the originator and the addressee
of a data message, an expression of intent or other
statement is not without legal force and effect
merely on the grounds that it is­

(a) in the form of a data message; or
(b) not evidenced by an electronic signature	 but
by other means from which the person’s
intent or other statement can be inferred.
Attribution of
electronic record
and signature

185. (1) An electronic record or electronic
signature shall be attributable to a person where it
was the act of that person.

(2) The act of a person referred to in subsection (1)
may be shown in the manner set out in this
section, which includes the proper application of
any security procedure to determine the person to
whom the electronic record or electronic signature
is attri-butable.
(3) An electronic record is deemed to be that of
the originator where it was sent­
(a) by a person who had the authority to act on
behalf of the originator in respect of that
electronic record; or
(b) by	 an information processing system
programmed by or on behalf of the originator
to operate automatically.
(4) Subject to subsection (5), an addressee is
entitled to regard an electronic record as being that
of the originator and to act on that assumption
where­
(a)	 in order to ascertain whether the electronic
178

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