Defects in an application for a concession

Rectifying defects in submissions

If the application for a concession does not contain the required particulars pursuant to Section 50 of the Trade Licensing Act, the trade licensing office will request that the applicant rectify the defects. The trade licensing office will send the submitter a Request for rectification of deficiencies in which it will:

• Identify the defective submission
• Specify the defect contained in the submission
• Indicate how the defect in the submission can be rectified – e.g. by providing any missing information, presenting the relevant document, etc.
• Specify a reasonable time limit for rectifying the deficiencies
• Advise the applicant of what will happen if the defect in the submission is not rectified 

Along with the request for rectification of deficiencies in the application, the trade licensing office may suspend the proceedings through a decision pursuant to Section 64(1)(a) of the Code of Administrative Procedure. In the decision to suspend the proceedings, the trade licensing office will identify the proceedings being suspended and state the reason and the period for which the proceedings are suspended. It will specify the duration of the suspension of proceedings by a time limit or in another manner depending on the nature of the case (e.g. until a document is presented, etc.).

If there are serious reasons, the trade licensing office may extend the time limit repeatedly at the entrepreneur’s request. During the suspension of the proceedings, the time limit for issuing a decision on the concession does not run. If the applicant rectifies the defects within the time limit specified or within the extended time limit, the application for a concession submitted is deemed to have been free of defects from the outset.

After that, the procedure followed by the office depends on whether the defect has been rectified.