Surrey's Chief Election Officer asks province to appoint 7th trustee and avoid $840K byelection
Surrey's Chief Election Officer has written to the provincial minister asking for Gary Tymoschuk to be declared elected as a school trustee, avoiding an $840,000 byelection that would come out of Surrey Schools' budget.
Reported. A news outlet found this. voche.me names the outlet and links its report. Read the original report on peacearchnews.com.
Surrey's Chief Election Officer has written to the provincial minister asking for Gary Tymoschuk, who finished seventh in the October school trustee race, to be declared elected, the Peace Arch News reported. The alternative is an $840,000 byelection funded entirely from Surrey Schools' budget.
Chief Election Officer Gib van Ert sent the letter on November 4, setting a November 18 deadline for the minister to respond. Garry Thind, who won a trustee seat on October 17 and then won a Conservative MLA seat on October 24, is scheduled to be sworn in as an MLA on November 19. That swearing-in would trigger his removal from the trustee seat.
What the law says
Van Ert cited section 167 of the Local Government Act as the authority for the minister to act. The Peace Arch News reported that the section gives the minister the power "to make any order you consider appropriate" in special circumstances. Van Ert's position is that this provision allows the minister to declare Tymoschuk elected without a vote.
What happens next
If the minister acts before November 18, Tymoschuk would take the trustee seat and no byelection would be needed. If the minister does not respond, the seat becomes vacant on November 19 when Thind is sworn in as an MLA, and Surrey Schools would have to organize and pay for a byelection.
The minister had not responded publicly as of the Peace Arch News report on November 10.
Thind is not the first elected official whose departure from a local seat has triggered this question. The situation arose because provincial and local elections were held one week apart in October 2026. The Local Government Act does not automatically declare the next-place finisher elected when a seat opens, which is why van Ert's letter asks the minister to use a specific provision.
Residents can follow news about the Surrey Board of Education at /bc/surrey-2026/news.
Questions this story answers
Why is there a vacant trustee seat on the Surrey Board of Education?
Garry Thind won both a school trustee seat in the October 17 municipal election and a seat as a Conservative MLA in the October 24 provincial election. He cannot hold both offices at once. Once he is sworn in as an MLA on November 19, his trustee seat becomes vacant, the Peace Arch News reported.
What is the Chief Election Officer asking the province to do?
Surrey Chief Election Officer Gib van Ert wrote to the provincial minister on November 4 asking for Gary Tymoschuk, who finished seventh in the October 17 trustee vote, to be declared elected to the vacant seat. Van Ert cited section 167 of the Local Government Act as the authority for the minister to make such an order, the Peace Arch News reported.
Who is Gary Tymoschuk?
Gary Tymoschuk is a candidate who finished seventh in the Surrey school trustee race on October 17, 2026, one spot outside the six elected seats. His page on this site is at /bc/surrey-2026/candidates/gary-tymoschuk. The Peace Arch News reported that he would be the one to fill the seat if the minister agrees.
What happens if the minister does not act before November 18?
If the minister does not respond by the November 18 deadline van Ert set in his letter, and Thind is sworn in as an MLA on November 19, the trustee seat becomes vacant and a byelection would be required. The Peace Arch News reported the byelection would cost $840,000, funded entirely from Surrey Schools' budget.
What is the deadline for the minister to respond?
The Peace Arch News reported that van Ert's November 4 letter set a November 18 deadline for the minister to respond. November 19 is the date Garry Thind is scheduled to be sworn in as an MLA, which would trigger his disqualification from the trustee seat.
Is $840,000 a lot for Surrey Schools to spend on a byelection?
The Peace Arch News reported the $840,000 cost would be funded entirely by Surrey Schools' budget if a byelection is held. The article did not compare the figure to Surrey Schools' overall budget. The Chief Election Officer's letter frames the cost as a reason for the minister to act instead.
What authority does the provincial minister have over local election results?
The Peace Arch News reported that van Ert's letter cited section 167 of the Local Government Act, which gives the minister the authority 'to make any order you consider appropriate' in special circumstances. It is the CEO's position that this provision applies here and would allow the minister to declare Tymoschuk elected without holding a byelection.
Where can I see more about the Surrey Board of Education?
Surrey Board of Education news is covered at /bc/surrey-2026/news. Gary Tymoschuk's candidate page is at /bc/surrey-2026/candidates/gary-tymoschuk and Garry Thind's is at /bc/surrey-2026/candidates/garry-thind-surrey-2026.
Sources
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