INNOVATION July-August 2017

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Mr. Balayo was previously the subject of discipline in 1995 and 1998. As part of the Consent Order, Mr. Balayo agreed to the following: 1. Mr. Balayo’s membership in APEGBC is cancelled effective July 1, 2017 (the “Date of Cancellation”). 2. During the period from the date of the execution of the Consent Order to the Date of Cancellation, Mr. Balayo will: a. make reasonable arrangements for the orderly transfer of his ongoing professional engineering project files to other professional engineers; b. limit his practice to those project files that he is currently engaged on and not take on any new project files or other engineering work; and c. refrain from executing Schedule B and C-B Letters of Assurance under the British Columbia Building Code unless the execution of such Letters of Assurance by Mr. Balayo is peer reviewed in accordance with APEGBC’s Discipline Committee Ordered Peer Review Policy . Any peer reviewer performing the peer review referred to in condition 2c above must be approved in advance in writing by the APEGBC Registrar. 1. Mr. Balayo shall pay a fine in the amount of $7,500 to APEGBC within 60 days. 2. Mr. Balayo shall pay $1,500 towards APEGBC’s investigation and inquiry costs within 60 days. The full text of the Consent Order agreed to by Mr. Balayo can be found online at apeg.bc.ca/Disciplinary-Actions. Disciplinary Notice: Seyed Mahdi Beheshtian, P.Eng., Vancouver, BC A Notice of Inquiry was issued to Seyed Mahdi Beheshtian regarding email correspondence Mr. Beheshtian sent to another engineer containing unprofessional and derogatory remarks directed at that engineer. Mr. Beheshtian also posted two reviews of the other engineer’s work on the HomeStars website, which included public statements to the effect that the

Enforcement Action Taken by Association of Professional Engineers and Geoscientists of British Columbia against Yogeshchandra Ramamlal Nathawad On January 18, 2017, the Association of Professional Engineers and Geoscientists of British Columbia (APEGBC) commenced an action in the Supreme Court of British Columbia against Yogeshchandra Ramamlal Nathawad. In the action, APEGBC alleges that he engaged in an unauthorized practice of professional engineering by providing geotechnical engineering advice for the placement of a large capacity crane, and that in doing so he breached section 22 of the Engineers and Geoscientists Act , as well as his prior written undertaking to APEGBC that he would refrain from the unauthorized practice of professional engineering. On February 10, 2017, Mr. Nathawad filed a Response to Civil Claim disputing the allegations. On March 30, 2017, on the application of APEGBC and with the consent of Mr. Nathawad, the Court granted an interim injunction against him. Under the terms of the interim injunction, Mr. Nathawad is prohibited and enjoined from engaging in the practice of professional engineering and acting in any manner that leads any person to believe that he is a professional engineer, or that he is ready or entitled to engage in the practice of professional engineering. The full text of the Consent Order agreed to by Mr. Nathawad can be found online at apeg.bc.ca/Disciplinary-Actions . Disciplinary Notice: Pershing Jardenico Balayo, Richmond, BC A Notice of Inquiry was issued to Pershing Jardenico Balayo regarding his structural engineering services. In lieu of proceeding to a disciplinary inquiry, Mr. Balayo agreed to a Consent Order dated April 5, 2017. By way of the Consent Order, Mr. Balayo admitted that he demonstrated unprofessional conduct and contravened section 20(9) of the Engineers and Geoscientists Act , R.S.B.C. 1996, c. 116, by providing a written assurance through a sealed Schedule B and Schedule C-B for rooftop guardrails for which Mr. Balayo had not prepared the design and had not conducted field reviews.

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