Garry Thind's election as MLA could trigger an $840,000 Surrey school trustee byelection
Thind was re-elected as a Surrey school trustee on October 17 and then elected as a Conservative MLA for Surrey-Guildford on October 24. Once sworn in, he will be disqualified from the trustee seat, and a court application filed by November 20 could result in a byelection or the next-highest candidate being declared elected.
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A judge may decide whether Surrey will hold a school trustee byelection at a cost of $840,000, after Garry Thind was re-elected as a trustee and then elected as an MLA in two elections one week apart. Surrey Now-Leader reported on October 29.
Thind placed second among Surrey school trustee candidates with 43,893 votes in the October 17 municipal election. One week later, on October 24, he was elected as the BC Conservative MLA for Surrey-Guildford.
Once sworn in as MLA, Thind will be disqualified from his school trustee seat, according to Surrey Schools.
A court application by November 20
Under the Local Government Act, the Chief Election Officer, a candidate in the election, or any four electors may apply to court for a determination. Surrey Schools says any application must be filed within 30 days of the certification of the election results, which is November 20, 2026.
A judge may order one of two outcomes: that the trustee position is vacant, resulting in a byelection; or that the candidate with the next-highest number of votes be declared elected in Thind's place. That candidate is Gary Tymoschuk, an incumbent trustee who ran with Thind on the Surrey First Education slate.
Cost and who pays
Surrey Schools says the City of Surrey has estimated a byelection would cost $840,000. The district says those costs would be funded entirely by the school district.
"The District cannot comment on what Garry Thind's election as an MLA means for filling the final Board seat or the possibility of any byelection. That will depend on whether a court application is made and, if so, how the court rules," Surrey Schools said in a statement.
Thind says the party is looking for options
Thind told the Surrey Now-Leader that BC Conservative party officials are looking at whether there is a legal way to avoid a byelection. "We don't want an additional cost to incur on taxpayers," he said.
Thind's name remained on the trustee ballot despite him not wanting it there, the Surrey Now-Leader reported. He had signed up for re-election as a trustee before deciding to run in the provincial election.
Surrey residents with children in the school district can follow the court application deadline of November 20. Garry Thind's record as MLA is tracked at his candidate page and the Surrey-Guildford district page.
Questions this story answers
What happened with Garry Thind's two elections in October 2026?
Garry Thind was re-elected as a Surrey school trustee in the municipal election on October 17, 2026, placing second among trustee candidates with 43,893 votes. One week later, on October 24, he was elected as the BC Conservative MLA for Surrey-Guildford in the provincial election. BC law does not allow a person to hold both positions at the same time, so his swearing-in as MLA will disqualify him from the trustee seat.
What happens to the school trustee seat when Thind is sworn in as MLA?
Once Thind is sworn in as MLA, he is disqualified from being a school trustee. Surrey Schools says the district cannot comment on what will happen to the seat until a court application is made. Under the Local Government Act, a court application may be filed within 30 days of the certification of the election results, which Surrey Schools says is November 20, 2026.
Who can apply to court about the trustee vacancy?
Surrey Schools told the Surrey Now-Leader that the Chief Election Officer, a candidate in the election, or any four electors may apply to the court for a determination under the Local Government Act. Any application must be filed within 30 days of the certification of the election results, by November 20, 2026.
What can a judge order if an application is made?
Surrey Schools says a judge can order one of two outcomes. The judge can order that the trustee position is vacant, which would result in a byelection. Alternatively, the judge can order that the candidate who received the next-highest number of votes be declared elected in place of the disqualified candidate. In this case that would be Gary Tymoschuk, an incumbent trustee who ran with Thind on the Surrey First Education slate.
How much would a byelection cost, and who pays for it?
Surrey Schools says initial cost estimates provided by the City of Surrey place the cost of a byelection at $840,000. The district says those costs would be funded entirely by the school district, not the city or the province.
What did Garry Thind say about the byelection?
Thind told the Surrey Now-Leader on election night that BC Conservative party officials are looking for options to see if there is any legal way of avoiding a byelection for his vacated trustee position. He said: 'We don't want an additional cost to incur on taxpayers.' He said he did not want his name to remain on the civic election ballot but it stayed there despite his wishes.
When did Thind's name appear on the trustee ballot?
Thind had signed up to run for re-election as a school trustee with the Surrey First Education slate before deciding to run in the provincial election. The Surrey Now-Leader reported that his name remained on the civic election ballot despite him not wanting it there. He placed second among trustee candidates with 43,893 votes.
Where can I follow what Garry Thind does as MLA?
Garry Thind's candidate page at voche.me tracks his record as MLA for Surrey-Guildford, including statements and votes in the legislature. The page is linked below. Elections BC's initial count results for Surrey-Guildford are at the district page, also linked below.
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