A Notice of Inquiry was issued to Mr. 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.
Mr. Balayo was previously the subject of discipline in 1995 and 1998.
As part of the Consent Order, Mr. Balayo agreed to the following:
- Mr. Balayo’s membership in APEGBC is cancelled effective July 1, 2017 (the “Date of Cancellation”).
- During the period from the date of the execution of the Consent Order to the Date of Cancellation, Mr. Balayo will:
- make reasonable arrangements for the orderly transfer of his ongoing professional engineering project files to other professional engineers;
- 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
- 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.
- Mr. Balayo shall pay a fine in the amount of $7,500 to APEGBC within 60 days.
- 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 here.
The APEGBC webpage contains information on APEGBC’s complaint, investigation and discipline process. You can contact us at 604.412.4869 or toll-free at 1.888.430.8035 ext. 4869 or by email.