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The briefing note calls for further reform of the Canadian Environmental Protection Act (CEPA) following Bill S-5, highlighting the need for enforceable national air quality standards, the removal of barriers to citizen lawsuits against polluters, improved labelling of hazardous substances in consumer products, and enhanced environmental protections on First Nations reserve lands to address systemic inequities and health risks.

The briefing argues that while Bill C-50 provides a useful governance and accountability framework for Canada's net-zero economy, it contains gaps that limit its efficacy. It suggests amendments to improve the bill and references further recommendations for just transition legislation based on international best practices.

The document argues that while Bill S-5 is a positive step toward modernizing CEPA, it requires further amendments to ensure the right to a healthy environment is robustly implemented and that toxic substance assessments and risk management are transparent and timely. Key recommendations include establishing mandatory labelling for hazardous consumer products, setting strict timelines for substance assessments, and shifting the burden of proof for confidentiality claims to the requesting party.

The document outlines a proposed U.S. policy package comprising 45Q tax credit enhancements, the SCALE Act, and appropriations from the Energy Act of 2020. Together with the American Jobs Plan, these measures aim to grow U.S. carbon management capacity 13-fold by the mid-2030s. Key recommendations include introducing a 'Direct Pay' option for tax credits, increasing credit values to $85 per metric ton for industrial applications and $180 for direct air capture, and extending the construction window to 2035. Additionally, the SCALE Act is presented as a means to overcome 'chicken-and-egg' infrastructure barriers through DOE cost sharing, EPA permitting support, and the creation of the CO2 Infrastructure Finance and Innovation Act (CIFIA) for low-interest loans.