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Crystal Methamphetamine Ingredients Regulation Act

BILL NO. 29

(as introduced)

2nd Session, 59th General Assembly
Nova Scotia
55 Elizabeth II, 2006



Private Member's Bill



Crystal Methamphetamine Ingredients Regulation Act



Kevin Deveaux
Cole Harbour-Eastern Passage



First Reading: May 8, 2006

Second Reading:

Third Reading:

An Act to Stop the Spread of
Crystal Methamphetamine in Nova Scotia

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Crystal Methamphetamine Ingredients Regulation Act.

2 In this Act,
(a) "controlled product" means

(i) high-density ammonium nitrate (NH4NO3) fertilizer,

(ii) anhydrous ammonia (NH3) fertilizer as a compressed gas, or

(iii) a substance prescribed as a controlled product by the regulations;

(b) "pseudoephedrine-type drug" means

(i) a drug listed in the Schedule to this Act, or

(ii) a drug or class of drugs added to the Schedule to this Act or incorporated into the Schedule by reference by the regulations;

3 (1) Where a person who possesses a controlled product becomes aware that a noticeable amount of the controlled product that was in that person's possession is missing, the person shall report that it is missing to the Minister of Justice, or the person designated by the regulations, in accordance with the regulations.
(2) For the purpose of subsection (1), a "noticeable amount" is

(a) in the case of high-density ammonium nitrate fertilizer, any amount noticeable to the human eye;

(b) in the case of anhydrous ammonia fertilizer as a compressed gas, any amount that gives the person who possesses it reasonable grounds to believe that an amount is missing, taking into account the physical and environmental circumstances under which the fertilizer is kept or used; and

(c) in the case of a substance prescribed as a controlled product by the regulations, the amount prescribed as a noticeable amount of the controlled product in the regulations.

4 (1) Subject to Section 7, the Governor in Council shall establish a working group under the name "Crystal Meth Task Force" to produce a report recommending strategies to curb the availability, distribution, production and use of crystal methamphetamine in the Province.

(2) The working group is to be composed of the following members:

(a) one employee of each of

(i) the Department of Health,

(ii) the Department of Health Protection and Promotion,

(iii) the Department of Agriculture,

(iv) the Department of Education, and

(v) a municipal police force;

(b) two employees of the Department of Justice;

(c) three employees of the Royal Canadian Mounted Police; and

(d) three members of the public who are employed in, or have previously worked in, the fields of drug rehabilitation or drug awareness and who shall be appointed by the Standing Committee on Human Resources of the House of Assembly.

(3) The members of the working group must be appointed no later than June 15, 2006.

(4) The working group shall deliver its report to the Minister of Justice no later than August 15, 2006.

(5) The Minister of Justice shall, within seven days of receipt of the report of the working group, table the report in the Assembly if the Assembly is then sitting or, if the Assembly is not then sitting, file the report with the Clerk of the Assembly.

5 (1) Pseudoephederine-type drugs may be sold without a prescription as a condition of sale, but must only be available from a pharmacist or a certified dispenser practising in accordance with the Pharmacy Act and must be kept within an area of the pharmacy to which there is no public access and no opportunity for self-selection.

(2) The direct involvement and professional intervention of a pharmacist or certified dispenser is required before the release of a pseudoephedrine-type drug to a patient or the patient's agent.

(3) No person may purchase a pseudoephedrine-type drug and no pharmacist or certified dispenser may release such a drug in a single transaction that would result in the person receiving more than three thousand six hundred milligrams of pseudoephedrine in the transaction.

(4) In addition to the restrictions imposed on the sale of pseudoephedrine-type drugs by this Act, those drugs must be sold in accordance with any further restrictions contained in the standards of practice for those drugs that are from time to time approved by the Council of the Nova Scotia College of Pharmacists pursuant to the Pharmacy Act.

6 (1) The Governor in Council may make regulations

(a) prescribing substances as controlled products for the purpose of subclause 2(a)(iii);

(b) adding a drug or class of drugs to the Schedule to this Act or incorporating references to a drug or class of drugs into the Schedule;

(c) designating a person to whom a report must be made for the purpose of subsection 3(1);

(d) prescribing what is a noticeable amount of a controlled product for the purpose of clause 3(2)(c);

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

7 The moneys required for the purpose of this Act shall be moneys appropriated for that purpose by the Legislature.

SCHEDULE

Controlled Product Manufacturer

Pseudoephedrine Pumpuii Canada Inc.
PMS-pseudoephedrine HCL SYR 6 mg/ml Pharmascience
PMS-pseudoephedrine HCL tab 60 mg Pharmascience
Drixoral ND long-acting tab Schering Canada Inc.
Benylin D for Infants Pfizer Canada Inc.
Sudafed Decongestant Children's Chewable Tablet Pfizer Canada Inc.
Sudafed Decongestant Extra Strength Tablet Pfizer Canada Inc.
Nondrowsy Regular Strength Contac Cold 12 hour GSK
Sudafed Decongestant 12-hour caplet Pfizer Canada Inc.
Decon N S Jaapharm Canada Inc.
Pseudofrin Tab 60 mg Labratories Trianon Inc.
Eltor 120 - sustained release caplet Aventis Pharma Inc.
Nasal + Sinus Decongestant Relief - Tab 60 mg Vita Health Products Inc.
Congest Aid Tab 30 mg Zee Medical Inc.
Triaminic Pediatric Oral Cold Drops - 7.5 mg/0.8 ml Novartis
Tantafed Tab 60 mg Tanta Pharmaceuticals Inc.
Pseudofrin Sirop 6 mg/ml Labratories Trianon Inc.


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Created May 9, 2006. Send comments to legc.office@novascotia.ca.