Vol. 139, No. 24 — November 30, 2005

Registration
SOR/2005-337 November 15, 2005

CONTROLLED DRUGS AND SUBSTANCES ACT

Order Amending Schedule I to the Controlled Drugs and Substances Act

P.C. 2005-1937 November 15, 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 (see footnote a), deeming that it is necessary in the public interest, hereby makes the annexed Order Amending Schedule I to the Controlled Drugs and Substances Act.

ORDER AMENDING SCHEDULE I TO THE CONTROLLED DRUGS AND SUBSTANCES ACT

AMENDMENT

1. Item 18 of Schedule I to the Controlled Drugs and Substances Act (see footnote 1) is replaced by the following:

column 1	column 2
18.	Methamphetamine (N,α-dimethylbenzeneethanamine), its salts, derivatives, isomers and analogues and salts of derivatives, isomers and analogues

COMING INTO FORCE

2. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

On August 10, 2005, methamphetamine was moved from Schedule III to Schedule I to the Controlled Drugs and Substances Act (CDSA) (SOR/2005-235). The rescheduling of methamphetamine to Schedule I was necessary to increase the maximum penalties associated with offences involving methamphetamine and bring them in line with the harms caused by methamphetamine production, trafficking, and use. The rationale for the rescheduling of methamphetamine within the CDSA can be found in the Regulatory Impact Analysis Statement published in the Canada Gazette, Part II, Vol.139, No.17, on August 24, 2005 (http://www.canadagazette.gc.ca).

In Schedule III, methamphetamine was listed as item 1(2) under Amphetamines, which includes their salts, derivatives, isomers and analogues and salts of derivatives, isomers, and analogues. When methamphetamine was moved to item 18 of Schedule I, it was removed from this general heading; the salts, derivatives, isomers and analogues of methamphetamine were not explicitly listed in Schedule I at that time.

Although not explicitly listed, the salts of methamphetamine, including methamphetamine HCl (often referred to as "crystal meth") are captured under item 18 of Schedule I to the CDSA by virtue of subsection 2(2) of the CDSA, which states:

"For the purposes of this Act,

(a) a reference to a controlled substance includes a reference to any substance that contains a controlled substance; and,

(b) a reference to a controlled substance includes a reference to

The salts of methamphetamine contain methamphetamine and are a synthetic form of methamphetamine.

This amendment will add clarity to the listing of methamphetamine in Schedule I by explicitly listing its salts. In addition, the derivatives, isomers, analogues, and salts of derivatives, isomers and analogues are being included to maintain consistency with the previous treatment of methamphetamine under Schedule III, item 1, Amphetamines, and to give full effect to the intent of the August 10, 2005 amendment.

Alternatives

This technical amendment is necessary to provide clarity concerning the intent and effect of the original amendment effected in August 2005. No alternatives to the regulation were considered.

Benefits and Costs

The benefits of this amendment derive from the added clarity provided with respect to the intent of the August 2005 amendment. Inclusion of the derivatives, isomers and analogues will preempt illicit methamphetamine producers from attempting to circumvent the intention of the legislation by modifying the chemical structure of methamphetamine to create a closely related but different chemical that is not explicitly listed in the CDSA.

As the intent of the original amendment to provide for increased maximum penalties for offences pertaining to methamphetamine is not changed by this technical amendment, it is not expected to have any economic impact on the general public, industry, or international trade.

Consultation

Expert chemists from Health Canada's Drug Analysis Services and officials from the Department of Justice were consulted in this matter. Further consultation was not required due to the technical nature of this amendment.

Compliance and Enforcement

This amendment will have no impact on the regulatory controls for methamphetamine, and therefore will have no impact on the existing compliance and enforcement strategy for controlled substances.

Contact

Erin Kingdom
Drug Strategy and Controlled Substances Programme
Healthy Environments and Consumer Safety Branch
Address Locator: 3503D
Ottawa, Ontario
K1A 1B9
Telephone: (613) 948-8948
FAX: (613) 946-4224

Footnote a

S.C. 1996, c. 19

Footnote 1

S.C. 1996, c. 19

NOTICE:
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