Does his job give MP Andy Fillmore a leg up in Halifax mayoral race?

When Halifax MP Andy Fillmore got up in the House of Commons last month to announce he was leaving federal politics, his resignation sounded "imminent"to TomUrbaniak.

Urbaniak, a professor of political science at Cape Breton University, watched Fillmore talk at length on June 17about what he'd achieved in his past nine years in Ottawa. Fillmore mentioned his work to reopen Georges Island to the public, and partnering with Halifax to stop infilling on the Northwest Arm.

Fillmore said the city'srapid growth has brought benefits and challenges, addinghis sights were set "firmly on the future."

"He gave what was practically a campaign speech for the mayoralty of Halifax,"Urbaniaksaid in a recent interview.

"I thought that his resignation as member of Parliament was imminent. That speech sounded very final."

A few weeks later, on July 2, Fillmore registered with Halifax Regional Municipality to run for mayor. He launched his campaign in front of a large crowd the next day.

But Fillmore has not yet resigned his seat. He continues to take a federal salary and work out of his ridingoffice while also campaigning for mayor, and is eligible to collect donations for that race.

"What MP Fillmore has done is not illegal and is not in violation of a written code of conduct. But the optics aren't great,"Urbaniaksaid.

He said because Fillmore signalled his federal career was over with thatspeech in Ottawa, it's now a legitimate question to ask what MP work Fillmore continues to do other than showing up for federal funding announcements, "which could be perceived as actually feeding a municipal campaign" on the taxpayers' dime.

Fillmore delivered one of those funding announcements on behalf of the federal government at the Maritime Digital Artand Design studios on July 4.

He has also attended a number ofcommunity events outside his Halifax riding in recent weeks, including a South Indian festival in Dartmouth andone at an Eastern Shore museum, and has posted photos of himself knocking on doors in Sheet Harbour.

This week, Fillmore wrote as MP to Halifax's CAO Cathie O'Toole to echo the concern from south-end residents on Coburg Road about upcoming construction to build a multi-purpose lane for pedestrians and cyclists, which would require removing some street parking near a private school and the Waegwoltic Club.

City infrastructure not just municipal issue: Fillmore

In a statement sent from his MP office, Fillmore told CBC News thatresidents "brought their concerns" to his attention and "noted their frustration that their elected municipal representative refused to meet with them to discuss the matter."

"It is also important to note that infrastructure projects in the municipality that are cost-shared with the federal government are not solely a municipal issue," the statement added.

Although the province's Municipal Elections Act states no member of the legislature or House of Commons can be nominated or serve in municipal office, Fillmore is technically not yet a nominee.

He's said he will resign as MP before the municipal nomination period beginningAug. 29.After Sept. 10, nominees are considered official candidates who will have their names placed on the ballot.

However, under Halifax's campaign finance rules, people who register any time after March 1 as unofficial candidates can start collecting and spending money.

Municipal election day in Nova Scotia is Oct. 19.

Fillmore declined an interview request, but toldCBCNews in an email "the rules are clear" and he will resign as MP by Aug. 29.

"I will continue tofulfillall my duties as MP until I am confirmed by the municipal returning officer as an official candidate for mayor," he wrote.

Someprovinces, like Manitoba, make itillegalfor a sitting MP, senator or MLA to runfor municipal office. They would have to resign before any registration.

Ontario now has similar rules to Nova Scotia, but used to fall into the same camp as Manitoba. Back in 2000, Independent Ontario MPJohn Nunziata went to courtover his fight to enter the Toronto mayoral race while keeping his federal seat, after the city rejected his nomination.

Urbaniaksaid the intent behind therules has always been to separate federal and provincial politics from municipal campaigns.

The other high-profile candidates running against Fillmore, sittingcouncillorsWayeMason and Pam Lovelace, said they are at a disadvantage when campaigning against a sitting MP.

They noted Fillmore has access to paid government staff and his own office, as well as the red machine of the Liberal party and the connections that come with that.Halifaxcouncillorscan't use any city hall spaces, or theirHRM-issued phones or computers, for campaigning.

Lovelace saidshe wouldn't "pretend" she could do one job effectively while striving to do another with a different set of responsibilities.

"I think ethically and morally that's wrong," she said.

In some ways it's hard to split hairs about what's campaigning and what's the job as political representatives for all three candidates,Urbaniaknoted, because going to community celebrations this summer could easily be both.

Urbaniaksaid it's just as fair to question Mason and Lovelace as it is Fillmore, about where their focus is this summer between their current jobs and campaigning.

In some jurisdictions, he saidcouncillorshave resigned their seats to run. Recently Carolyn Parrish stepped down from her role as Mississauga councillor to run for mayor of the city,a race she won in June.

Mason said he's making sure to prioritize hisdistrict, and work on the committees and boards of which he's a member, while then turning to campaign mode on the weekends.

Lovelace had a larger view of her responsibilities, and said her focus this summer is on the entire Halifax region as well as her own riding.

When asked if the Municipal Elections Act should be changed, a spokesperson for the Department of Municipal Affairs toldCBCNews in an email the current law "upholds the principle that representation is paramount."

Besides Mason, Lovelace and Fillmore, six political newcomers are running for mayor asof Tuesday:Clay Bowser, Nolan Greenough, Ryan Dodge,ZoranJokic, AndrewGoodsellandBlake Roache.