Surrey Board of Education faces possible $840,000 byelection after trustee wins provincial seat
Garry Thind was elected both a Surrey school trustee on October 17 and an MLA on October 24. Once sworn in as MLA, he will be disqualified as a trustee, and a court may decide whether to hold a $840,000 byelection or seat the next candidate.
Reported. A news outlet found this. voche.me names the outlet and links its report. Read the original report on surreynowleader.com.
Surrey Board of Education may face a byelection costing $840,000 (an estimate from the City of Surrey) after Garry Thind was elected both a school trustee on October 17 and an MLA on October 24. Under BC law, he cannot hold both positions, and a court will decide what happens to his trustee seat.
The Surrey Now-Leader reported on October 29 that Thind will be disqualified from the trustee position once he is sworn in as an MLA in coming weeks. At that point, a judge may be asked to decide under BC's Local Government Act.
Two possible outcomes
The Local Government Act gives a court two options when an elected trustee is disqualified. The court can order a byelection, or it can declare the candidate with the next-highest vote count elected in the disqualified candidate's place.
That candidate is Gary Tymoschuk, who received 32,681 votes in the October 17 trustee race, placing seventh out of 24 candidates for 6 seats. Tymoschuk ran with the Surrey First Education slate, the same slate Thind ran with.
Surrey Schools put the cost of a byelection at $840,000, describing it as an initial estimate from the City of Surrey. The district confirmed that cost would be paid entirely by the school district.
How Thind ended up elected twice
Thind was re-elected as a school trustee on October 17, placing second among trustee candidates with 43,893 votes. His name remained on the civic ballot even though he had entered the BC provincial race before voting day. He won the Surrey-Guildford MLA seat on October 24.
On BC election night, Thind said Conservative officials were "looking for options if there is any legal way of not getting a byelection done," according to the Surrey Now-Leader. He said he did not want extra costs for taxpayers and that "people will be happy if there is no cost involved in getting a byelection done for one seat."
Who decides, and when
According to Surrey Schools, any application to the court must be filed within 30 days of the certification of election results, which is November 20, 2026. The Local Government Act allows the Chief Election Officer, any candidate in the election, or any four electors to apply. No application had been filed as of October 29.
"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," Surrey Schools said. "That will depend on whether a court application is made and, if so, how the court rules."
Voters who want to follow whether a byelection is called, and to track the new board's decisions, can watch the Surrey election results and the promise tracker on this site.
Questions this story answers
How did Garry Thind end up elected to two positions?
Thind ran for re-election as a Surrey school trustee with the Surrey First Education slate. He was re-elected on October 17, 2026, placing second among 24 trustee candidates with 43,893 votes. Before the trustee results were certified, he also ran in the BC provincial election and won the Surrey-Guildford MLA seat on October 24. His name remained on the civic election ballot even though he had since entered the provincial race.
Why does holding both positions matter legally?
BC's Local Government Act does not allow a person to hold both a school trustee position and a seat in the BC Legislature at the same time. Surrey Schools confirmed that Thind will be disqualified from the trustee position once he is sworn in as an MLA. The district says it cannot comment on what will happen to the seat until someone applies to the court or the court rules.
What are the two possible outcomes?
Under BC's Local Government Act, a judge can order one of two things: a byelection to fill the vacant trustee seat, or a declaration that the candidate with the next-highest vote total in the October 17 election is elected in Thind's place. That candidate is Gary Tymoschuk, who received 32,681 votes, placing seventh out of 24 candidates for 6 seats. No court has ruled yet, and no application has been filed as of October 29, 2026.
How much would a byelection cost?
Surrey Schools says initial cost estimates from the City of Surrey put a byelection at $840,000. Surrey Schools described this as an estimate. That cost would be paid entirely by the school district, not by the City. Surrey Schools noted this in its public statement about the situation.
Who can apply to the court?
Under the Local Government Act, as reported by the Surrey Now-Leader, the Chief Election Officer, a candidate in the election, or any four electors may apply to the court for a determination. Surrey Schools confirmed that any application must be filed within 30 days of the certification of election results, which is November 20, 2026. Thirty days after November 20 is December 20, 2026.
What did Garry Thind say about the situation?
On BC election night, Thind said BC Conservative party officials were looking for options to avoid a byelection if legally possible, according to the Surrey Now-Leader. He said residents would prefer no byelection cost and that he did not want extra costs for taxpayers. He did not say he would resign the MLA seat.
Who is Gary Tymoschuk?
Gary Tymoschuk is the Surrey First Education incumbent who ran for re-election as a school trustee on October 17, 2026. He received 32,681 votes, placing seventh out of 24 candidates. Six seats were available. He was not elected. If a court determines that Thind's seat is vacant and orders the runner-up declared elected, Tymoschuk would fill that seat without a byelection.
Where can I follow the Surrey Board of Education after the new term starts?
The new Surrey Board of Education takes office on November 2, 2026. Residents can follow trustee decisions and track promises made during the campaign at /bc/surrey-2026/tracker on this site. The results from the October 17 election are at /bc/surrey-2026/results.
Sources
The pages this story draws on. Open one to check a claim yourself.
Found an error? Tell the editors with the corrections form. A correction is noted on the story it changes. Read our standards.
