In Ontario, the Landlord and Tenant Board (LTB) only treats email as proper service when the recipient has agreed to it in writing, and the Consent to Service by Email is the LTB's single-page form for recording that agreement. Landlord and tenant both sign it, choosing which kinds of notices and documents may travel by email. It is not the only way to prove consent, but it is the clearest.
Key facts
| Signed by | Both the landlord and the tenant |
| Timing | Whenever suits: at the start of the tenancy, part-way through, or after an LTB file is opened |
| Time limit | None; either side can withdraw consent in writing whenever they choose |
| Where it goes | Each party keeps it; you upload it through the Tribunals Ontario Portal only if you need to show consent existed |
| Cost | Free |
| Usually followed by | Whenever proof is needed of something served by email, a Certificate of Service |
The legal basis for email service
The Residential Tenancies Act, 2006 (RTA), in s. 191(1)(g), permits a document to be given "by any other means allowed in the Rules". Email is one of those means under the Board's Rules of Procedure, one of those means but only on conditions:
| Rule | What it says |
|---|---|
| 3.1(h) | Email is a permitted method where the recipient has given written consent to email service |
| 3.5 | Written consent may be given whenever the parties choose |
| 3.6 | A written notice withdrawing consent may be given at any time |
| 3.7 | Absent consent, the LTB can still allow email service "on such terms as are just", which is the job of the Request to use Alternative Service |
| 3.9(e) | An emailed document counts as served on the date it was sent |
The notes on the form confirm that consent has to be written down but does not have to be on this particular form. What the form adds is a precise record of the categories each side accepted.
The four categories, and the gaps landlords trip over
The parties tick boxes to accept email delivery of:
- Notice of Rent Increase
- Landlord Notice of Entry
- Documents or submissions related to an RTA application, other than a notice of hearing or a copy of an application, motion or request for review
- Communication regarding issues related to the tenancy
Two omissions deserve attention.
Originating documents are carved out. Box 3 expressly leaves out the notice of hearing and copies of any application, motion or request for review. Ordinarily the LTB serves the application and Notice of Hearing on its own (Rule 5.1). Where you are directed to serve one yourself, use RTA s. 191 and Rule 3, or obtain an alternative-service order.
There is no box for termination notices. Nothing on the form refers to an N4, N5, N12 or any other notice of termination. The N4 instructions also leave email off their list, which covers courier, fax, mail, hand delivery, sliding it under the door and leaving it in the mailbox. Legally, though, email is not ruled out: Interpretation Guideline 10 treats a termination notice as properly given if it is given using Rule 3.1 or one of the methods in RTA s. 191(1), and Rule 3.1 extends to email when the tenant has given written consent to it. The real question is what the tenant consented to. A signed form with only the four standard boxes ticked does not plainly reach termination notices. To rely on email for one, you need written consent to email service that clearly extends to it; without that, use a method listed in the instructions. Section 191(2) does allow the LTB to accept a notice as properly given where you can show the tenant really did receive its contents in time, but that is a fallback to argue at a hearing, not a strategy. A termination notice whose service is open to attack is a weak foundation for everything filed after it, including any later review or appeal.
When the form helps, and when it will not
It is most useful in two moments: at the beginning of a tenancy, to cover rent increase and entry notices, and after an LTB file opens, to cover evidence and submissions.
Do not lean on it:
- for a category whose box was left blank;
- once the tenant has withdrawn consent in writing;
- for a tenant who has left the unit, unless you satisfy Rule 3.3(c): consent given during the tenancy, plus proof the former tenant actually came to know what the document said.
Completing the form
- Name of Tenant / Email Address. Each tenant should be named with a readable address of their own, and each should sign. Use extra copies of the form if there are more tenants than space.
- Name of Landlord / Email Address. Choose an inbox that is actually checked, because it also becomes an address where you can be served.
- Address of Rental Unit. Write it out fully, unit number included.
- Tick boxes. Tick only the categories you both accept; a blank box means no consent for that category.
- Signatures. Each of the tenant and landlord writes first and last name, signs, and dates it (dd/mm/yyyy).
Give the tenant a copy and keep one yourself.
Serving documents by email after consent
- Under the form, every email used for service must carry the name and telephone number of a person to contact.
- Use the address written on the form, exactly as written.
- Preserve the sent message, its attachments and its time stamp. If you must file a Certificate of Service, the deadline under Rule 3.8 is 5 days after service.
Errors that invalidate email service
- Relying on informal emails as consent. The fact that a tenant answers your messages is not written consent to be served. Service then fails Rule 3.1(h), and Rule 5.17 lets the LTB adjourn the matter or dismiss it because service was not done.
- Emailing a document type that has no ticked box. Agreement to receive rent increase notices does not extend to LTB evidence, and agreement to receive evidence does not extend to rent increase notices.
- Continuing after a written revocation. Under Rule 3.6 the consent ends when revoked in writing, and a revocation sent by email still counts.
- Emailing the application or Notice of Hearing. The form specifically excludes both.
- Leaving out the contact name and phone number. Including them is a condition on the form itself.
- Serving a departed tenant with no proof of receipt. Rule 3.3(c) demands consent from during the tenancy and evidence the contents reached them.
- Treating one tenant's signature as covering the others. Everyone you serve must have consented.
Afterwards
If the tenant later disputes service, the signed form is what you upload through the Tribunals Ontario Portal; until then, keep it on file. Note that serving through the Portal is a different thing and requires the separate Consent to Disclosure through Tribunals Ontario Portal (Rule 3.1(i)).
Questions landlords ask
Is an N4 served by email valid in Ontario?
It can be. Rule 3.1 permits email service of documents, termination notices included (Guideline 10), once the tenant has given written consent to email service. Because this form has no termination-notice box, the standard tick boxes do not clearly amount to consent for an N4, so a method from the N4 instructions is the safer choice.
What date counts as service for an email?
The date it was sent, under Rule 3.9(e).
Can the tenant take back their consent?
Yes, at any time, by giving the other party written notice (Rule 3.6).
Is this LTB form mandatory?
No. The form notes that consent must be written, but the parties are free to record it some other way.