Schedule VI to the Controlled Drugs and Substances Act - Order Amending

Canada Gazette Nbr. 25, December 14, 2005Part II - Official regulations › Controlled Drugs and Substances Act

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Schedule VI to the Controlled Drugs and Substances Act - Order Amending

Vol. 139, No. 25 — December 14, 2005

Registration SOR/2005-364 November 21, 2005

CONTROLLED DRUGS AND SUBSTANCES ACT

Order Amending Schedule VI to the Controlled Drugs and Substances Act

P.C. 2005-2109 November 21, 2005

Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to section 60 of the Controlled Drugs and Substances Act , deeming that it is necessary in the public interest, hereby makes the annexed Order Amending Schedule VI to the Controlled Drugs and Substances Act.

ORDER AMENDING SCHEDULE VI TO THE CONTROLLED DRUGS AND SUBSTANCES ACT

AMENDMENTS

1. Item 17 of Part 1 of Schedule VI to the Controlled Drugs and Substances Act is replaced by the following:

17. Safrole (5-(2-propenyl)-1,3-benzodioxole) and any essential oil containing more than 4% safrole

2. Part 1 of Schedule VI to the Act is amended by adding the following after item 17:

18. Gamma-butyrolactone (dihydro-2(3H)-furanone)

19. 1,4-butanediol

20. Red Phosphorus

21. White Phosphorus

22. Hypophosphorous acid, its salts and derivatives

23. Hydriodic acid

3. Note 1 to Part 2 of Schedule VI to the French version of the Act is replaced by the following:

1 Sont compris parmi les précurseurs de catégorie B les formes synthétiques de ceux-ci.

4. Item 1 of Part 3 of Schedule VI to the Act is replaced by the following:

1. Any preparation or mixture that contains a precursor set out in Part 1, except items 20 to 23, or in Part 2.

COMING INTO FORCE

5. (1) Subject to subsection (2), this Order comes into force on the day on which it is registered.

(2) Sections 2 and 4 of this Order come into force on January 31, 2006.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The purpose of this initiative is to amend Schedule VI to the Controlled Drugs and Substances Act (CDSA) and the Precursor Control Regulations (PCR) to strengthen the regulatory framework and minimize any negative impact of the Regulations on the legitimate trade of precursors. Among other things, the amendments will add six substances to Schedule VI to the CDSA and the PCR: gamma butyrolactone (GBL), 1,4 butanediol (BDO), red phosphorus, white phosphorus, hypophosphorous acid, and hydriodic acid.

The CDSA prohibits the import, export, and possession for export of precursors, except as authorized by regulation. It also provides the authority to develop regulations governing, controlling, limiting, authorizing the importation into Canada, exportation from Canada, production, packaging, sending, transportation, delivery, sale, provision, administration, possession, or obtaining of, or other dealing in any precursor or any class thereof. Contravention of the Regulations is an offence under section 46 of the CDSA.

The PCR, which came into force between January 2003 and January 1, 2004, provide a regulatory framework for the control and monitoring of precursor chemicals frequently used in the clandestine production of illicit drugs. These Regulations enable Canada to f...

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