88.31 (1) A candidate or registered third party has a surplus if the total credits exceed the total debits, and a deficit if the reverse is true. 2016, c. 15, s. 62. Total credits (2) For the purposes of subsection (1), the total credits are the sum of, (a)  the contributions under section 88.15; (b)  any amounts of $25 or less that were donated at fund-raising functions; (c)  any amounts of $25 or less for goods or services that were sold at fund-raising functions; (d)  interest earned on campaign accounts; and (e)  revenue from the sale of election materials. 2016, c. 15, s. 62. Total debits (3) For the purposes of subsection (1), the total debits are the sum of the expenses under section 88.19. 2016, c. 15, s. 62. Surplus paid to clerk (4) If the financial statement or supplementary financial statement filed with the clerk shows a surplus and the campaign period has ended at the time the statement is filed, the candidate or registered third party shall, when the statement is filed, pay the surplus to the clerk, reduced by the amount of any refund under subsection (6). 2016, c. 15, s. 62. Surplus held in trust by clerk (5) The clerk shall hold the amount paid under subsection (4) in trust for the candidate or registered third party. 2016, c. 15, s. 62. Refund (6) If a candidate or registered third party who has a surplus has made contributions to the campaign or, in the case of an individual, if his or her spouse has made contributions to the campaign, the candidate or registered third party may, after the campaign period ends but before filing the financial statement or supplementary financial statement, as the case may be, refund to the candidate or registered third party or to the spouse, as the case may be, an amount that does not exceed the lesser of, (a)  the relevant contributions; (b)  the surplus. 2016, c. 15, s. 62. Release of amount if campaign recommences (7) If the campaign period for the candidate or registered third party recommences under paragraph 5 of subsection 88.24 (1) or paragraph 4 of section 88.28, as applicable, the clerk shall pay the amount held in trust to the candidate or registered third party, with interest. 2016, c. 15, s. 62. Amount to become property of municipality or local board (8) For a candidate, the amount held in trust becomes the property of the municipality or local board, as the case may be, when all of the following conditions are satisfied: 1.  The election campaign period has ended under paragraph 2, 3 or 4 of subsection 88.24 (1). 2.  It is no longer possible to recommence the campaign period under paragraph 5 of subsection 88.24 (1). 3.  No recount, proceeding under section 83 (controverted elections) or compliance audit has been commenced. 4.  The period for commencing a recount, a proceeding under section 83 or a compliance audit has expired. 2016, c. 15, s. 62. Same, for registered third party (9) For a registered third party, the amount held in trust becomes the property of the municipality when all of the following conditions are satisfied: 1.  The campaign period has ended under paragraph 2 or 3 of section 88.28. 2.  It is no longer possible to recommence the campaign period under paragraph 4 of section 88.28. 3.  No compliance audit has been commenced. 4.  The period for commencing a compliance audit has expired. 2016, c. 15, s. 62. Transition, candidate’s total debits (10) For the 2018 regular election and for any by-election that takes place after this section comes into force and before that regular election, the total debits of a candidate shall be determined as if subsection (3) read as follows: Total debits (3) For the purposes of subsection (1), the total debits of a candidate are the sum of, (a)  the candidate’s expenses under section 88.19 or the predecessor to that section; and (b)  any deficit from a previous election campaign of the candidate if that campaign, (i)  related to an office on the same council or local board as the present campaign, and (ii)  was in the previous regular election or a subsequent by-election. 2016, c. 15, s. 62. Section Amendments with date in force (d/m/y) 2016, c. 15, s. 62 - 09/06/2016