I wouldn't, because it's not so black and white and binary. With a coal-fired power plant, you tend, in practice, to build them only above a certain size. You build them only of several hundred megawatts, in practice, and capture or not capture is very much a black or white, yes or no, thing.
The oil sands have a spectrum of different kinds of plants, so there the arguments that say pure command and control wouldn't be effective probably make sense. In the oil sands there's a very big difference in the cost of capture in different facilities because of technical differences in the facilities. So a new plant that was going to do gasification of asphaltenes would have a relatively low cost of capture, whereas some other plants have higher costs because of different design choices they've made.
I think a one-size-fits-all law is less plausible for oil sands. I'm not saying oil sands should be off the hook; I just think it's less plausible to have an absolute rule like that.