I agree with you with respect to the noise, but as for the rest, the agency has powers. Clause 95.2(1)(a) states:
(a) the elements that the agency will use to determine whether a railway company is complying with section 95.1;
However, clause 95.1 deals with noise. It will be a lost cause for any other type of nuisance, as was the case in the Oakville decision.