Two B.C. Conservatives Win Provincial and Municipal Elections, Triggering Mandatory Resignations Under New Law
Shraddha Tripathy
10/26/20264 min read
Two newly elected B.C. Conservative MLAs are facing an unusual transition after winning provincial seats just seven days after securing victories in British Columbia's municipal elections.
Kevin Acton, the mayor of Lumby, and Garry Thind, a Surrey school trustee, both won their respective local elections on October 17 before defeating incumbent NDP MLAs in the provincial election on October 24.
Their victories mean both politicians must relinquish their municipal positions under a provincial law enacted last year that prevents members of the Legislative Assembly from holding certain local elected offices simultaneously.
The situation follows an unexpected overlap between British Columbia's municipal elections and a snap provincial election called by former premier David Eby in September.
It also comes as the B.C. Conservatives, led by Lorne Doerkson, prepare to form a majority government following their victory over the governing NDP.
Lumby Mayor Kevin Acton Wins Vernon-Lumby Seat
Kevin Acton was re-elected as mayor of Lumby during the October 17 municipal election, securing another term leading the North Okanagan community.
Just one week later, he won the provincial riding of Vernon-Lumby as a candidate for the Conservative Party of B.C.
Acton defeated NDP incumbent Harwinder Sandhu, who had represented the riding in the legislature.
Preliminary provincial election results showed Acton receiving approximately 50.8 per cent of the vote, compared with 37.8 per cent for Sandhu.
The victory marks Acton's move from municipal leadership to provincial politics after years of involvement in local government.
However, his election to the legislature means he cannot continue serving as Lumby's mayor.
The municipality will have to address the resulting vacancy and determine the steps required to select a new mayor in accordance with provincial election legislation.
The timing of a potential mayoral byelection has not yet been confirmed.
Surrey School Trustee Garry Thind Also Secures Provincial Victory
A similar situation is unfolding in Surrey, where Garry Thind won re-election to the Surrey Board of Education before securing a provincial seat.
Thind was among the successful school trustee candidates in the October 17 municipal election, receiving approximately 43,900 votes.
Seven days later, he defeated NDP incumbent Garry Begg in the Surrey-Guildford riding.
Preliminary provincial results showed Thind receiving approximately 50.7 per cent of the vote, compared with 41 per cent for Begg.
The outcome gives Thind a seat in the Legislative Assembly but prevents him from continuing as a school trustee.
His departure will create a vacancy on the Surrey Board of Education, which oversees public education in one of British Columbia's largest and fastest-growing school districts.
The process for filling the position will be governed by the legislation applicable to school trustee vacancies.
As with the Lumby mayoral seat, no confirmed date for a potential replacement election has been announced.
New Provincial Law Prohibits Holding Both Offices
The requirement for Acton and Thind to leave their municipal roles comes from British Columbia's Eligibility to Hold Public Office Act, which received royal assent on May 29, 2025.
The legislation prohibits sitting MLAs from simultaneously holding a range of local elected positions, including mayor, municipal councillor, regional district electoral area director and school trustee.
It also applies to certain other elected local offices, including positions on the Vancouver Park Board and Islands Trust.
Under the law, an individual who holds local elected office and becomes an MLA is automatically deemed to have resigned from the local position when the provincial election writ for their riding is returned.
That means the process does not depend solely on a politician submitting a separate resignation letter after election night.
The law was introduced following a dispute involving B.C. Conservative MLA Misty Van Popta, who was elected to represent Langley-Walnut Grove in the 2024 provincial election while also serving as a councillor in the Township of Langley.
Van Popta had been a municipal councillor for approximately two years before winning her provincial seat.
At the time, the NDP government argued that holding both offices created potential concerns about divided responsibilities and politicians receiving compensation from two taxpayer-funded positions.
The government maintained that provincial legislators should devote their attention to their legislative duties without simultaneously serving in municipal government.
Van Popta opposed the legislation, describing it as a "targeted attack" and arguing that her municipal council position was part-time.
The disagreement highlighted competing views over whether elected representatives should be permitted to serve at multiple levels of government.
With the legislation now in effect, however, the requirements apply to newly elected MLAs regardless of their political affiliation.
Snap Election Created Unusual Overlap With Municipal Vote
The circumstances surrounding Acton and Thind's victories were created by the scheduling of two elections only one week apart.
British Columbia's municipal elections were already scheduled for October 17, 2026, as part of the province's regular four-year local election cycle.
The provincial election, however, was not originally scheduled to take place at the same time.
Eby called a snap election on September 22, sending British Columbians to the polls more than two years before the next regularly scheduled provincial election.
The decision resulted in overlapping campaigns, with municipal candidates seeking local positions while provincial candidates competed for seats in the legislature.
The overlap drew criticism from some candidates who said residents were having difficulty distinguishing between the two elections.
Voters encountered simultaneous campaign advertising, political announcements and voting instructions for different levels of government.
On October 17, municipal election day coincided with advance voting for the provincial election, adding another layer of complexity.
For candidates such as Acton and Thind, the scheduling also created the possibility of winning two separate elections within the same week.
Their success in both contests has now brought the province's restrictions on holding multiple public offices into practical effect.
Conservatives Secure Majority as Leadership Transition Begins
The dual victories were part of a broader electoral change in British Columbia.
The Conservative Party of B.C., led by Doerkson, secured a majority in the October 24 provincial election, defeating the NDP government led by Eby.
Preliminary results showed the Conservatives holding 63 of the legislature's 93 seats, while the NDP held 28 and the B.C. Greens held two.
The Conservatives' result gives the party a legislative majority, with Doerkson set to become the province's next premier.
The results represent a significant shift in provincial leadership and will bring a large number of newly elected Conservative representatives into the legislature.
For Acton and Thind, the transition will involve moving from local public service into provincial legislative roles while their former communities prepare to fill the positions they must vacate.
The precise timelines for replacing Lumby's mayor and Surrey's school trustee have yet to be established.
With provincial election results still subject to the official counting process, both candidates' victories remain preliminary until Elections BC completes its final count.
The unusual sequence of elections has nevertheless created an immediate administrative challenge for the affected local governments, underscoring how provincial electoral decisions can have consequences beyond the legislature itself.
News
Stay updated with the latest BC news stories, subscribe to our newsletter today.
SUBSCRIBE
© 2026 Innovatory Labs Inc. All rights reserved.
LINKS