Canada Gazette, Part I, Volume 159, Number 1: Extra

February 14, 2025

DEPARTMENT OF HEALTH

Notice of intent to control fentanyl precursor chemicals and carisoprodol under the Controlled Drugs and Substances Act

As part of Canada’s Border Plan, the Government of Canada is taking concrete action to further strengthen border security, including by increasing support to law enforcement agencies to detect, intercept, and curb the illegal trade of fentanyl and precursor chemicals. The Government of Canada is also committed to combatting the overdose crisis and the threat posed by illegal synthetic drugs. The overdose crisis has had a tragic impact on people across the country and has left no community untouched. The majority of all accidental apparent opioid toxicity deaths in Canada currently involve fentanyl.

Fentanyl and its analogues are highly potent synthetic opioids that are controlled in Canada under Schedule I of the Controlled Drugs and Substances Act (CDSA). Precursors are chemicals that are essential to the production of a controlled substance. While some precursor chemicals have legitimate uses, they can also be used in the illegal production of controlled substances, like fentanyl and fentanyl analogues.

All known essential building blocks that can be used to produce fentanyl are controlled in Canada. Although it is not possible to produce fentanyl without using one of the already controlled building blocks, other chemicals can also be used in the illegal production of fentanyl. These chemicals include the following:

Canada is proposing to control these chemicals under the CDSA to help disrupt the production and supply of illegal drugs, both in Canada and internationally.

Canada is also proposing to control the drug carisoprodol, which has been recommended for scheduling under the United Nations’ Convention on Psychotropic Substances (1971), one of the three international drug conventions to which Canada is a party.

Prior to controlling these four substances, Health Canada is soliciting information on current uses of these substances in Canada to determine the effect such a proposed action would have on the legal industry. Anyone conducting activities with these substances are encouraged to read this notice and to respond to Health Canada’s request for information, below, within 10 days of publication.

Phenethyl bromide, propionic anhydride and benzyl chloride

In Canada, precursors are typically controlled under Schedule VI of the CDSA and subject to the Precursor Control Regulations (PCR). Precursors can also be rapidly controlled on a temporary basis under Schedule V of the CDSA while evidence is being gathered in support of longer-term control.

There is evidence that phenethyl bromide is being imported and used in the illegal production of fentanyl in Canada. Phenethyl bromide is currently being considered for control in the United States.

Propionic anhydride and benzyl chloride are also chemicals used in the synthesis of illegal fentanyl and are classified as List I and List II chemicals, respectively, under the United States’ Controlled Substances Act. Currently, there is little to no evidence that any of these precursor chemicals, other than phenethyl bromide, are being imported and used in illegal drug production in Canada.

Carisoprodol

The Director General of the World Health Organization recently recommended that carisoprodol be added to Schedule IV of the Convention on Psychotropic Substances (1971),footnote 1 which will be voted on at the United Nations’ Commission on Narcotic Drugs meeting in March 2025.

In anticipation of this possible scheduling action, Health Canada has completed a scientific assessment of carisoprodol. Based on the available evidence, there are currently no known medical, commercial, or industrial uses of carisoprodol in Canada. Since 2021, carisoprodol has not been identified in seized samples from Canadian law enforcement agencies or the Canada Border Services Agency. While carisoprodol is sold as a prescription drug for relief of musculoskeletal pain in the United States and in several other countries, it is no longer authorized for sale in Canada.

Proposal to control these substances under an accelerated scheduling pathway

In order to prevent harms to public health and safety arising from the potential use of these substances, Health Canada is proposing to take rapid action to control them under Schedule V of the CDSA. This would be done by virtue of an order issued by the Minister of Mental Health and Addictions and Associate Minister of Health under paragraph 60.1(1)(a) of the CDSA. The intent is to have this Ministerial Order in place by no later than March 1, and to come into effect within 45 days for phenethyl bromide and carisoprodol and within 3 months for propionic anhydride and benzyl chloride.

Once a substance is added to Schedule V of the CDSA, its importation, exportation, possession for the purposes of exportation, production, sale, and possession for the purpose of trafficking are all prohibited. Anyone needing to import and use such a substance for legitimate purposes would require appropriate authorizations from Health Canada. Anyone who fails to comply with the law would be subject to the offences and penalties set out in the CDSA. This Order would allow for the rapid control of these substances while Health Canada pursues an action for their longer-term control.

Request for information from implicated parties

Health Canada is aware that these substances may have legitimate commercial, industrial, research or analytical uses in Canada. To determine the potential impacts of the scheduling action on legitimate activities, Health Canada is soliciting input from all potentially affected parties regarding the following:

  1. Which of these substances do you use and for what purpose? On average, what volume of these substances do you use annually?
  2. Are you a manufacturer, wholesaler, distributor, or researcher? Please specify.
  3. Which activities do you conduct with respect to these substances? Activities may include manufacturing, packaging, selling, importing, exporting, scientific research, etc. In your response, please be as specific as possible about both the substance(s) and the activity/activities.
  4. If you currently import or export any of these substances, approximately how many times per year (on average) do you conduct each of these activities for each specific substance?
  5. Does your company meet the following definition for small business:
    • “Any business, including its affiliates, that has fewer than 100 employees or less than $5 million in annual gross revenues, including micro-businesses, which have fewer than 5 employees or less than $30,000 in annual gross revenues”? Please indicate “Yes” or “No.”
  6. Are you currently a licensed dealer or a registered dealer of precursor chemicals under the CDSA?
  7. What impacts (low or significant) do you anticipate the proposed scheduling would have on your business? Please explain the anticipated impacts and their significance.

Public comment period

Any person may submit written comments to Health Canada on the proposed action to control these substances, including information about current uses, within 10 days of publication of this notice. Comments may be submitted by email to csd.regulatory.policy-politique.reglementaire.dsc@hc-sc.gc.ca.