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Section 31 of the LCCJTI: when is an email presumed received?
Short answer
Section 31 of the LCCJTI establishes that a technology-based document is presumed transmitted as soon as the sender begins sending it, and presumed received once it becomes accessible at the address the recipient indicates, or publicly represents: as the place where they accept receiving documents. The exact time of sending and receipt can be established through a transmission slip, an acknowledgement of receipt, or information timestamped to the second.
The full text of section 31
“A technology-based document is presumed transmitted, sent or forwarded where the action required to send it to the active address of the recipient has been accomplished by or on the instructions of the sender, and the transmission cannot be stopped or, although it can be stopped, is not stopped by or on the instructions of the sender.
: Section 31, LCCJTI (LégisQuébec)
A technology-based document is presumed received or delivered where it becomes accessible at the address indicated by the recipient as the address where the recipient accepts the receipt of documents from the sender, or at the address that the recipient publicly represents as the address where the recipient accepts the receipt of documents, provided the address is active at the time of sending.
The document received is presumed intelligible, unless notice to the contrary is sent to the sender as soon as the document is accessed.
The time of sending or of receipt of a document may be established by producing a transmission slip or an acknowledgement of receipt or the information kept with the document providing it guarantees the date, hour, minute and second of sending or receipt and indicates the source and destination of the document, or by any other agreed method that provides the same guarantees.”
Paragraph by paragraph: what it means
1. The presumption of sending. Your email is presumed sent as soon as you hit “send” and the transmission can no longer be stopped. You don't have to demonstrate each technical relay of the message: the initial action is enough to trigger the presumption.
2. The presumption of receipt. The document is presumed received when it becomes accessibleat the recipient's address: not when it is read. In other words, a recipient can't defeat your demand letter simply by not opening the email. Two conditions: the address must be the one where they accept receiving documents (the one they gave you, the one on the lease, the one displayed publicly), and it must be active at the time of sending.
3. The presumption of intelligibility. A recipient who receives an unreadable document must notify the sender as soon as it is opened. Without that notice, the document is presumed readable and understandable.
4. Proof of the time. This is the most concrete paragraph: the time of sending or receipt can be established through a transmission slip, an acknowledgement of receipt, or the information kept with the document that guarantees the date, hour, minute, and second, as well as the source and destination.
Why this matters for your demand letter
A demand letter only produces its effects if you can show the recipient received it, and when. The presumptions of section 31 work in your favour, but you still need concrete elements to support them if the recipient disputes. A screenshot of a Gmail sent folder offers none of the guarantees listed in the fourth paragraph.
A certified email's proof report is built precisely around these requirements: a timestamp of the sending and the delivery accurate to the second, identification of the source and destination, confirmation from the recipient's server, and a digital fingerprint (SHA-256) of the transmitted document. Such a report is an admissible element; its probative force is assessed case by case by the tribunal.
To go further, read is a demand letter by email valid in Québec? or our comparison of proofs of sending. Ready to send? Send your document by certified email with a proof report conforming to the LCCJTI.
Frequently asked questions
What does section 31 of the LCCJTI provide?
Section 31 of the LCCJTI establishes three presumptions: a technology-based document is presumed transmitted once the action that begins its journey is accomplished by the sender; it is presumed received once it becomes accessible at the address the recipient indicates or publicly represents as the place where they accept receiving documents; and it is presumed intelligible unless notice to the contrary is sent as soon as it is accessed.
How do I establish the exact time an email was sent or received?
The fourth paragraph of section 31 of the LCCJTI provides that this time may be established through a transmission slip, an acknowledgement of receipt, or the production of the information kept with the document where it guarantees the date, hour, minute, and second of sending or receipt, as well as the source and destination.
Does the presumption of receipt apply to any email address?
No. The presumption applies to the address the recipient indicates as the place where they accept receiving documents, or the one they publicly represent as such, to the extent that address is active at the time of sending. Hence the importance of using an address the recipient actually uses.