Temporary Control of Fentanyl Precursors

Summary#

This is the Order Amending Schedule V to the Controlled Drugs and Substances Act (Novel Fentanyl Precursors) (SOR/2022-185) published August 31, 2022. It temporarily adds analogues and derivatives of N-Phenyl-4-piperidinamine to Schedule V for one year (until August 30, 2023) to stop their import or use in making illicit fentanyl.

What it does#

• Adds all analogues and derivatives of N-Phenyl-4-piperidinamine and its salts to Schedule V of the Controlled Drugs and Substances Act for one year.
• Lists four specific substances as examples: 4-anilino-1-boc-piperidine, 4-fluoro anilino-1-boc-piperidine, N-(4-fluorophenyl)-4-piperidinamine, and 4-bromo anilino-1-boc-piperidine.
• Removes the previous Item 1 from Schedule V (the Order deletes that earlier item).
• Takes effect on the date of publication (August 31, 2022). The deletion mentioned above comes into force either on August 30, 2023 or sooner if another scheduling order takes effect first.
• While the substances are temporarily scheduled, importing, exporting, producing, trafficking and possession for the purpose of trafficking are made subject to criminal controls and can be acted on by authorities. Legitimate researchers can apply to Health Canada for an exemption.

Who's affected#

• Law enforcement and border agencies, especially the Canada Border Services Agency and the Royal Canadian Mounted Police, who can seize these substances and act on illegal imports or lab production.
• Illegal drug producers and distributors who have been using these chemicals to make fentanyl.
• People working in forensic labs, public health, or drug-safety testing who may encounter these substances.
• Researchers or organizations with a legitimate need for these chemicals — they would need to request an exemption from Health Canada.
• The Order says there are no known legitimate commercial uses in Canada, so ordinary businesses and small firms are not expected to be affected.

Why it matters#

• These specific chemicals and their close relatives have been intercepted at the border and found in clandestine labs. The Order aims to cut off materials used to make illicit fentanyl.
• Fentanyl is a major driver of overdose deaths in Canada: between January 2016 and December 2021 there were 29,052 apparent opioid toxicity deaths, and 86% of accidental opioid deaths in 2021 involved fentanyl. Scheduling these precursors is intended to reduce supply and help curb those harms.
• One of the listed substances was scheduled internationally in March 2022, and this action helps Canada meet that international control while Health Canada considers longer-term measures.