The Consent to Service by Email is a one-page Ontario Landlord and Tenant Board (LTB) form. A landlord and tenant sign it to agree that certain notices and documents can be served by email. Under the LTB Rules of Procedure, email is a valid way to serve a document only if the person receiving it has consented in writing. This form is the simplest way to show that consent.
At a glance
| Who uses it | Landlord and tenant together (both sign) |
| When | Any time: at move-in, during the tenancy, or once an LTB file is open |
| Deadline | None. Consent can be revoked in writing at any time |
| How it is served or filed | Kept by both parties. Uploaded to the LTB through the Tribunals Ontario Portal when you need to prove consent |
| Fee | None |
| Follow-on form | Certificate of Service when you serve something by email that must be proven |
What the form is for
Section 191(1)(g) of the Residential Tenancies Act, 2006 (RTA) allows a document to be given "by any other means allowed in the Rules". The LTB Rules of Procedure add email as a method of service, on conditions:
- Rule 3.1(h): a document may be served by email if the person receiving it has consented in writing to service by email.
- Rule 3.5: parties may consent in writing at any time.
- Rule 3.6: consent may be revoked at any time by notice in writing.
- Rule 3.7: without consent, the LTB may still permit email service "on such terms as are just". That is what the Request to use Alternative Service is for.
- Rule 3.9(e): a document sent by email is considered served on the day it was sent.
The form's notes say consent must be in writing but need not use this form. Its value is that it records exactly what each party agreed to receive.
What the form covers (and what it does not)
The form has four tick boxes. The parties agree to receive by email:
- Notice of Rent Increase
- Landlord Notice of Entry
- Documents or submissions related to an RTA application, except a notice of hearing or a copy of the application, motion or request for review
- Communication regarding issues related to the tenancy
Two gaps matter to landlords:
- Starting documents are excluded. The notice of hearing and copies of an application, motion or request for review are not covered. Rule 5.1 says the LTB itself normally serves the application and Notice of Hearing. If you are ordered to serve one, follow RTA s. 191 and Rule 3, or get an order for alternative service.
- Notices of termination are not listed. There is no box for an N4, N5, N12 or other termination notice, and the N4 instructions list hand delivery, mailbox, under the door, fax, courier and mail but not email. The law itself does allow it: Interpretation Guideline 10 says a notice of termination is sufficiently given by a method in RTA s. 191(1) or Rule 3.1, and Rule 3.1 includes email where the tenant has consented in writing to email service. The catch is the scope of the consent. A signed copy of this form with only the four listed boxes ticked is not clearly consent to receive termination notices by email. If you want to rely on email for a termination notice, you need the tenant's written consent to email service that covers it; otherwise use a method the instructions list. If service is challenged, the LTB can still find the notice validly given if you prove its contents actually came to the tenant's attention in time (s. 191(2)), but do not plan around that.
When to use it (and when not to)
Use it at the start of a tenancy (for rent increase and entry notices), or once an LTB file is open (for evidence and submissions).
Do not rely on it:
- for anything a box was not ticked for;
- after the tenant has revoked consent in writing;
- for a former tenant who has moved out, unless Rule 3.3(c) is met. That rule requires that consent was given during the tenancy and that you can prove the contents actually came to the attention of the former tenant.
How to fill out the form, section by section
- Name of Tenant / Email Address. One clearly legible address for each tenant. If there are several tenants, each should sign and give an address. Use a separate form if needed.
- Name of Landlord / Email Address. Use an address someone monitors, since documents can be served on you there too.
- Address of Rental Unit. Use the full address, including the unit number.
- Tick boxes. Tick only what both of you agree to. An unticked box means no consent for that type of document.
- Signatures. The tenant and the landlord each give their first and last name, signature and date (dd/mm/yyyy).
Keep a copy, and give the tenant one.
Serving by email once you have consent
- The form says that when you serve a document by email, you must include the name and telephone number of a person to contact.
- Send the email to the exact address on the form.
- Keep the sent email with its attachments and timestamp. If the LTB requires a Certificate of Service, Rule 3.8 says it must be filed within 5 days of service.
Mistakes that make email service invalid
- No written consent. A tenant replying to your emails is not written consent to service. Without it, email service fails under Rule 3.1(h) and the LTB can adjourn or dismiss for failure to serve (Rule 5.17).
- Serving something no box covers. Consent to receive rent increase notices is not consent to receive LTB evidence, and the reverse is also true.
- Emailing after consent was revoked. Revocation in writing ends the consent (Rule 3.6), even if it was sent in an email.
- Using email for the application or Notice of Hearing. These are expressly excluded from the form.
- No contact name and phone number in the email. The form makes this a condition of email service.
- Emailing a former tenant without proof they received it. Rule 3.3(c) requires both consent given during the tenancy and proof the contents came to their attention.
- One tenant's consent used for all. Each person served must have consented.
What happens next
Keep the signed form on file and upload it through the Tribunals Ontario Portal if service is disputed. Service through the Portal itself needs the separate Consent to Disclosure through Tribunals Ontario Portal (Rule 3.1(i)).
Frequently asked questions
Can I serve an N4 by email in Ontario?
Rule 3.1 allows email service of a document, including a notice of termination (Guideline 10), if the tenant has consented in writing to email service. This form has no box for termination notices, so ticking its boxes alone is not clear consent for an N4. The safer course is a method the N4 instructions list.
When is an emailed document considered served?
On the day it was sent (Rule 3.9(e)).
Can a tenant withdraw consent to email service?
Yes. Consent can be revoked at any time by giving notice in writing to the other person (Rule 3.6).
Do I have to use the LTB form?
No. The form itself says consent must be in writing, but parties do not have to use this form.