Novel fentanyl precursors permanently controlled

Summary#

These final amendments, titled Regulations Amending the Precursor Control Regulations (Novel Fentanyl Precursors), permanently add certain chemicals related to N-Phenyl-4-piperidinamine (N-phenylpiperidin-4-amine) to the list of controlled precursors. The rules come into force on August 30, 2023 to keep tools in place after a temporary measure expires.

What it does#

• Adds the salts, derivatives and analogues of N-Phenyl-4-piperidinamine (N-phenylpiperidin-4-amine) to Schedule VI of the Controlled Drugs and Substances Act and to the Precursor Control Regulations on a long-term basis.
• Specifically lists these related compounds (names and IUPAC where given):
  • 4-anilino-1-boc-piperidine (tert-butyl 4-(phenylamino)piperidine-1-carboxylate)
  • 4-fluoro anilino-1-boc-piperidine (tert-butyl 4-((4-fluorophenyl)amino)piperidine-1-carboxylate)
  • N-(4-fluorophenyl)-4-piperidinamine (N-(4-fluorophenyl)piperidin-4-amine)
  • 4-bromo anilino-1-boc-piperidine (tert-butyl 4-((4-bromophenyl)amino)piperidine-1-carboxylate)
• Extends controls to the salts of those derivatives and analogues (a small expansion beyond the temporary order).
• Sets the maximum quantity listed in the Precursor Control Regulations for these items to "0", meaning extra paperwork (end-use declarations and other documentation) is required before a dealer can supply them to non-licensed users.
• Puts these chemicals on a permanent footing so law enforcement powers continue after the temporary Ministerial Order (which came into force on August 31, 2022) would have expired on August 30, 2023.

Who's affected#

• Law enforcement and border agencies that investigate and seize illegal precursor shipments, especially the Canada Border Services Agency and the Royal Canadian Mounted Police.
• Health Canada, which issues licences, permits and exemptions for legitimate scientific or forensic uses and will process related authorizations.
• A very small number of researchers and federal laboratories that need these substances for forensic analysis, testing or harm-reduction research. They may need to provide an end-use declaration or apply for permits.
• Any dealers, importers or exporters who might try to trade these specific chemicals — their activities are now regulated and require licences or permits.
• The general public is indirectly affected because the changes aim to reduce illegal fentanyl production; no broad impacts on ordinary businesses were identified in the regulation.

Why it matters#

• The change preserves legal tools to stop the import, distribution and use of certain novel fentanyl precursors, which were being used in illegal fentanyl production in Canada.
• Fentanyl and related drugs are major drivers of the overdose crisis; the Canada Gazette impact statement cites 34,455 apparent opioid toxicity deaths from January 2016 to September 2022 and that fentanyl was involved in 81% of accidental opioid toxicity deaths between January and September 2022. Controlling precursors is intended to help reduce supply of toxic illegal drugs.
• One of the listed derivatives was also placed under international control on November 23, 2022, and these amendments help Canada meet those international obligations.
• For the few legitimate users (mainly forensic and research labs), the rule adds paperwork and possible licence or permit steps, but the government expects those costs to be small.