5. (1) This section does not apply to an undertaking of a body listed in section 3 that may be found to be a local board as defined in the Municipal Affairs Act or to be a board, commission or other local authority exercising power in respect of municipal affairs.  R.R.O. 1990, Reg. 334, s. 5 (1). (1.1) For the purposes of clause 5 (2) (a), “estimated cost” means the most current estimate of the cost of an undertaking prepared by an engineer, architect, official, planner or construction contractor, which estimate has been submitted to the council or other governing body of a municipality or a committee thereof and has been accepted by it as the basis upon which the undertaking is to be proceeded with, and where an undertaking is being constructed in phases includes the cost of all phases, but does not include any costs for, (a) the acquisition of land, (b) feasibility studies and design carried out for the undertaking, (c) the operation of the undertaking, (d) a building, the construction of which is regulated by the Building Code Act, 1992, (e) any furnishings, equipment, facilities or machinery ancillary to a building described in clause (d), whether contained in it or not, or (f) any facilities or machinery contained in a building described in clause (d), whether ancillary to it or not.  O. Reg. 456/93, s. 2 (1); O. Reg. 263/07, s. 4 (1). (2) An undertaking by a municipality is exempt from section 5 of the Act where, (a) subject to subsection (3), it has an estimated cost of not more than $3,500,000; (b) it is an undertaking by a board within the meaning of the Education Act; (c) it is a drainage works regulated under the Drainage Act; (d) it is a waste disposal site that, (i) is a transfer station for domestic waste that uses portable containers, (ii) is an organic soil conditioning site certified under the Environmental Protection Act, (iii) is a transfer station for processed organic waste located at the sewage treatment works where it is generated or at the organic soil conditioning site where it is disposed of, or (iv)  Revoked:  O. Reg. 106/07, s. 1 (1). (e) it is a road or a water crossing that is required to provide access to a renewable energy generation facility or renewable energy testing facility; (f) it is an undertaking that consists of the provision of municipal non-profit housing facilities that may include ancillary commercial and other uses within the housing project; (g)  Revoked:  O. Reg. 117/01, s. 2 (1). (h) subject to subsection (3), it is a work provided for in a subdivision agreement between a municipality and a subdivider; (i) it is a work other than a work of a type described in the Municipal Class Environmental Assessment, as it may be amended from time to time, that is provided for in a subdivision agreement between a municipality and a subdivider for the management of storm water that originates only from the subdivision or other adjacent land of the subdivider; or (j) it is a transfer of land initiated by the owner of the land, (i) in a hardship situation, or (ii) as part of an arrangement whereby the municipality is to provide a fence in return for a transfer of land.  R.R.O. 1990, Reg. 334, s. 5 (2); O. Reg. 117/01, s. 2 (1); O. Reg. 106/07, s. 1 (1); O. Reg. 263/07, s. 4 (2, 3); O. Reg. 364/09, s. 2; O. Reg. 361/16, s. 2 (1). (2.1) The exemption provided by clause (2) (a) does not apply to a transit project within the meaning of Ontario Regulation 231/08 (Transit Projects and Metrolinx Undertakings) made under the Act.  O. Reg. 232/08, s. 1 (1); O. Reg. 196/12, s. 2. (3) The exemptions provided by clauses (2) (a) and (h) do not apply in respect of, (a) an undertaking of a type described in the Municipal Class Environmental Assessment, as it may be amended from time to time; (b) a new bus service on an exclusive right-of-way or a new rail transit system; or (c) a new station, terminal or marshalling yard for a rail transit system. (d)  Revoked:  O. Reg. 106/07, s. 1 (2). (e)  Revoked:  O. Reg. 117/01, s. 2 (2). (f)  Revoked:  O. Reg. 232/08, s. 1 (2). R.R.O. 1990, Reg. 334, s. 5 (3); O. Reg. 456/93, s. 2 (2); O. Reg. 117/01, s. 2 (2); O. Reg. 106/07, s. 1 (2); O. Reg. 263/07, s. 4 (4); O. Reg. 232/08, s. 1 (2); O. Reg. 361/16, s. 2 (2). (4) Revoked: 
O. Reg. 263/07, s. 4 (5). (5) Revoked:  O. Reg. 263/07, s. 4 (6). (6) The obtaining of an option to acquire land or an interest in land by a municipality or the entering into an agreement to purchase land or an interest in land by a municipality, where the acquisition or purchase is conditional on compliance with the Act, is an undertaking that is exempt from section 5 of the Act.  R.R.O. 1990, Reg. 334, s. 5 (6); O. Reg. 263/07, s. 4 (7).