2 Kitchener councillors expected to run to be an MPP. What does that mean for residents?

There's one Kitchener city councillor who has been named an official candidate in a yet-to-be-called byelection for a new Kitchener Centre MPP and another who's likely to win the nomination for her party.

On Tuesday night, Ward 10 Coun. Aislinn Clancy was chosen as the Green Party of Ontario candidate. The NDP have confirmed they have vetted and approved a candidate and Ward 9 Coun. Debbie Chapman has confirmed she's seeking that nomination. 

Having two city councillors in the race for MPP has some people wondering what that means when it comes to the needs of residents.

Kitchener's clerk Amanda Fusco says there are no rules against it and councillors can continue serving on council, even during the campaign period.

"There are currently no provisions in the Municipal Act that require a sitting member of council to take a leave of absence to run for either provincial or federal election, and similarly there's no rules that would require them to stop being paid by the city during that period either," she told CBC News.

Councillors are permitted to take a three-month leave of absence, for any reason. Councillors who choose to run in the provincial election could use that time to campaign if they wish, Fusco says.

"It would be up to the individual council member to determine what that leave looks like, whether it is an absence with respect to constituent concerns or meetings and voting on matters," she said.

If a councillor does fully step away from their duties, Fusco says city staff would be there to support residents who have questions or concerns.

The same is the case for school board trustees. The Ontario Public School Boards' Association notes on its website there's no rule that prevents a school board trustee from running for another office so long as they continue to attend board meetings.

Seat to become vacant this summer

The MPP seat in Kitchener Centre will become vacant in July when current NDP MPP Laura Mae Lindo steps down. Lindo has said the decision to leave is the best one for her family. She's also accepted a position at the University of Waterloo.

Lindo has said she will step down at the end of the spring legislative session.

The Liberals and Progressive Conservatives have not yet named candidates for the byelection, but they have time.

Premier Doug Ford will be the one who decides when the byelection is held. He can't call a byelection until Lindo vacates her seat and then, he has six months to do so. 

During an announcement in Cambridge, Ont., on Thursday, he didn't offer a timeline for when that might happen.

"We'll sit down and decide that once she officially steps down and we'll run a great candidate," Ford said.

To give an example of how long it could take: A byelection was held in Hamilton in March to replace former NDP leader Andrea Horwath. When Horwath resigned from her MPP seat on Aug. 15, 2022 to run to be mayor of the city, the writ for the byelection was issued February 15 — six months later.

No matter when Ford decides to hold the byelection, under the Ontario Election Act, the byelection would be called on a Wednesday and then held the fifth Thursday after the writ is issued.

What happens if a councillor wins?

If a councillor wins the byelection, they have to step down from their council seat. Under Ontario's Municipal Act, they can't hold both seats at the same time.

Fusco says she would bring a report to council and council would declare the seat vacant.

Then one of two things would happen:

• Council would appoint someone to the seat.
• A byelection would be held.

Fusco says the city has done both in the past when councillors have left their posts.