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Service Manager Consents and Ministerial Consents under the Housing Services Act, 2011

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Amendments to the Housing Services Act, 2011 (HSA), effective January 1, 2017, has resulted in changes to consent authorities.  Specifically, Service Managers now have consent authority for the transfer of social housing properties. In this context, a Ministerial Directive has been issued (see below) and is applicable.

Ministerial Directive - pdf

What do Service Managers have authority to approve?

With the amendments to the Housing Services Act, 2011Service Managers (SMs) now have the authority to make specific consent decisions that include: 

  • Certain changes to Local Housing Corporations (LHCs); and,  
  • Transfers of certain social housing properties.

The Minister has issued a Ministerial Directive for Service Managers when considering whether to grant consent for a transfer of social housing properties. 

These new consent authorities are in addition to existing Service Manager consent authorities that include:

  • mortgaging of housing projects under s.161 and 162 of the Act;
  • redevelopment of housing projects under s.161 of the Act; and
  • corporate changes under s.166 of the Act.

What notifications does the ministry require?

These new Service Manager consent authorities are accompanied by Service Manager reporting requirements to the ministry. Under Sections 35.1 and 163, there are requirements for Service Managers to keep the ministry informed concerning consent decisions. 

These are for:

  • Service Manager Consent for Local Housing Corporation (LHC) Changes  
  • Service Manager Consent for Certain Social Housing Transfers

The Ministry of Housing has developed a Guide for Service Manager Consents under the Housing Services Act, 2011.

This Guide is intended to support Service Managers’ adoption and implementation of these consent authorities and to apprise them of specific issues and requirements that may need to be addressed as part of their consent review process.

These requirements, timing and corresponding reporting templates can be found in the “Guide for Service Manager Consents under the Housing Services Act, 2011". Further information can be obtained in the Questions and Answers.

Ministerial Consents

When is a Ministerial Consent required?

A Minister’s Consent will continue to be required for the following: 

  • for Local Housing Corporations to opt out of the bulk natural gas or insurance programs of the Housing Services Corporation; and
  • for the transfer of certain housing projects where the Service Manager has obtained court appointment of a Receiver for the housing provider or where members of the housing provider’s Board of Directors have been replaced by the Service Manager.  

What documents are Required to Request a Ministerial Consent?

  • The name and contact information of the Service Manager;
  • A Council Resolution approving the consent request or proof of delegated authority for a staff person;
  • A resolution of the outgoing and incoming housing provider boards approving the consent request;
  • The plan to maintain Service Level Standards;
  • An action plan to address potential issues of residents currently living in the units affected, e.g. tenant relocation plans;
  • The business case and detailed information on the type of housing being considered for the sale, including dwelling type and bedroom unit count;
  • The name and address of the housing provider;
  • The name of the existing lender and mortgage loan number;
  • Parcel register(s) for each project/property;
  • The Canada Mortgage and Housing Corporation (CMHC) account number, if applicable;
  • If the lender is CMHC, a draft CMHC mortgage assumption agreement;
  • If the lender is a financial institution or insurance company, a copy of the mortgage assumption agreement obtained by the solicitor acting for the purchaser;
  • The draft Purchase and Sale Agreement, and a proposal detailing how any environmental issues will be mitigated;
  • Any surveys, reference plans, collateral agreements or shared facilities agreements; and,
  • A copy of any court documents relating to the transaction, especially if this is a receiver driven sale or transfer. 

Considerations when Requesting Ministerial Consent

The evaluation of such requests includes consideration of the following:

  • How will tenants be affected by the proposal?
  • How will the interests of affected residents and their families be protected?
  • How will the Service Manager continue to meet its Service Level Standards as per the Housing Services Act, 2011.
  • How will the revenues generated through the sale be used?
  • How will the proposed sale impact the overall supply of social and affordable housing?
  • Are their potential mortgage implications?
  • Does the transfer trigger an obligation to provide CMHC its net share of the gain under the Canada-Ontario Social Housing Agreement (SHA)?

Where to Send Ministerial Consent Requests?

Keith Extance, Director, Housing Funding and Risk Management Branch, (416) 585-7524 /

Mailing Address: 
Ministry of Housing 
Housing Division
Housing Funding and Risk Management Branch
777 Bay Street, 14th Floor
Toronto, Ontario M5G 2E5