Part IIFinal RegulationPublished: April 28, 2021

Waiving female presumption for CCB

Regulations Amending the Income Tax Regulations (Non-application of Presumption – Declaration of Female Parent): SOR/2021-82

These regulations let a female parent declare in writing that the other parent (male or gender‑neutral) is the eligible individual to receive the Canada Child Benefit for a child who lives with both parents. The change takes effect on 2021-07-01 and requires minor Canada Revenue Agency updates to forms and online services (e.g., RC66 and My Account).

Published
April 28, 2021
Department
Unavailable
Section
Regulations Amending the Income Tax Regulations (Non-application of Presumption – Declaration of Female Parent)
Comment deadline
Unavailable
Effective date
July 1, 2021
Publication part
Part II

Summary

Summary#

The final regulation Regulations Amending the Income Tax Regulations (Non-application of Presumption – Declaration of Female Parent) (SOR/2021-82) changes who can be designated to receive the Canada Child Benefit when a child lives with two parents and one is female. The change takes effect on July 1, 2021 (the regulation was registered on April 19, 2021 and published on April 28, 2021).

What it does#

  • Lets a female parent formally declare that the other parent who mainly cares for a child can be the person who receives the Canada Child Benefit.
  • Expands the existing rule so the declaration can be made in favour of an other parent who is either male or gender‑neutral.
  • Requires minor updates to the Canada Revenue Agency's online forms and guidance; these updates were planned to be in place by July 2021.
  • Is administrative in nature and does not change who is eligible for the benefit beyond allowing this declaration.

Who's affected#

  • Households where one parent is female and the other parent is identified as gender‑neutral. These families can now choose which parent receives the Canada Child Benefit.
  • Parents applying for or already receiving the Canada Child Benefit in such family arrangements.
  • The Canada Revenue Agency, which needed small IT and form updates to accept the declaration and record the chosen recipient.
  • It is unclear how many families this will affect because the government did not give a count.

Why it matters#

  • It removes a rule that automatically sent the child benefit to the female parent in mixed-gender and gender‑neutral households. Now families that include a gender‑neutral parent can decide who gets the monthly payment.
  • That choice can affect which parent has access to the household’s benefit income and may matter for budgeting, child care arrangements, or eligibility for other programs tied to who receives benefits.
  • The change is part of broader moves to recognize gender‑neutral identity in federal programs and is designed to be a small, low‑cost administrative fix.

Key topics

Income Tax ActIncome Tax RegulationsRegulations Amending the Income Tax Regulations (Non-application of Presumption – Declaration of Female Parent)Canada Child BenefitCCBfemale parentgender-neutral parentCanada Revenue AgencyForm RC66CRA My AccountMinister of National Revenuegender identityGender-based analysis plusGBA+

Source: Canada Gazette

Official source