Civil Protection Act - Subject Matter

1. This law governs the preparation, implementation, and financing of necessary measures in special and extraordinary situations, or in disasters and emergencies, as well as the organization of the responsible authorities.

1. The law aims specifically to

a) ensure the functioning and operation of political institutions and public services, as well as to guarantee mutual cross-border assistance;

b) guarantee government activities, security and order, alerting and informing authorities and the population, as well as the execution of tasks delegated by the federal government.

1. Special situations are those in which specific tasks can no longer be managed with ordinary processes and require a rapid concentration of resources and streamlining of procedures.

2. Extraordinary situations are those in which the ordinary processes are insufficient to handle the tasks at hand across numerous areas and sectors, necessitating a rapid concentration of resources and streamlining of procedures.

3. The emergency organization encompasses all leadership bodies and resources of the canton, municipalities, and third parties necessary for managing special and extraordinary situations.

4. A disaster is a damage event caused by natural or civilizational factors, or a severe accident, causing so much damage or so many incidents that the manpower and material resources of the affected community are overwhelmed.

5. An emergency is a situation arising from a societal development or technical event that cannot be effectively managed with ordinary processes because it overwhelms the manpower and material resources of the affected community.

1. The Executive Council is responsible for the preparation and execution of the tasks and measures mentioned in Art. 2.

2. It collaborates with municipalities, other cantons, the federal government, and neighboring countries. It may issue regulations and conclude the necessary agreements for this purpose.

3. The Executive Council is responsible for declaring a disaster or emergency and designating the affected area. It promptly informs the public and reports to the Cantonal Council.

4. Furthermore, it is specifically responsible for

a) the decision on the deployment of the emergency organization at the cantonal level;

b) the appointment of the Chief or Deputy Chief of the Cantonal Leadership Staff (CLS);

c) the election of members of the core staff of the Cantonal Leadership Staff;

d) the issuance of the risk register.

1. The Department of the Interior and Security enforces this law, insofar as the responsibility is not otherwise regulated in this decree or assigned to another authority by the Government Council. It specifically designates the members of the extended staff of the KFS.

1. Municipalities are responsible within their jurisdiction for managing special and extraordinary situations.

2. They plan measures for the protection of the population, implement measures for dealing with incidents, and keep their resources available for inter-local assistance.

3. They execute this law to the extent that responsibility is delegated to them in this enactment. They particularly decide on the deployment of the emergency organization at the municipal level.

1. The canton establishes the Cantonal Command Staff (CCS), and the municipalities establish the Municipal Command Staffs (MCS).

1. During the preparatory phase, the command staffs plan the measures for special and extraordinary situations.

2. During the operational phase, it is the responsibility of the command staffs to manage special and extraordinary situations. They advise the authorities, implement the ordered measures, and coordinate the deployment of all resources.

3. The canton supports the municipalities with deployment coordinators.

1. The canton and the municipalities shall provide their command staffs with the necessary premises and resources.

1. Insofar as the Federal Council does not decide otherwise, the Government Council shall determine the principles by which areas and tasks are to be coordinated. It shall also specify the area, as well as the commencement and duration of the application of the corresponding principles.

1. Police, fire service, healthcare organizations, technical facilities, and civil protection work together where the protection of the population requires it.

2. Joint management bodies coordinate the cooperation.

1. The partner organizations cooperate in coordination when special and extraordinary situations, as well as armed conflicts, require a joint effort due to the extent and duration of the threat to the population and their livelihoods.

2. They are prepared to work together in coordination with respect to organization, training, equipment, and mission planning.

1. The partner organizations perform their duties in accordance with the specific legislation or service agreements.

2. They ensure leadership in the area of deployment in accordance with their responsibilities.

1. The technical works are obligated to cooperate in conjunction with other partner organizations.

2. The local corporation that fulfills the tasks of the technical works ensures collaboration in conjunction with other partner organizations.

3. The municipalities exercise supervision and may issue directives. If a local corporation extends over multiple municipalities, the issuance of directives and supervision is the responsibility of the municipality with the largest number of residents within the corporation's territory.

4. The private legal entity fulfilling the technical works' tasks ensures cooperation with other partner organizations in conjunction with the terms of the service agreement with the municipalities or the canton.

1. The canton is responsible for conducting orientation days, basic training, and staff training for leadership teams and personnel for leadership support. It may summon the specialized personnel required for emergency organization to courses and exercises.

2. The canton and the municipalities regularly conduct exercises for their leadership teams as well as joint exercises with partner organizations.

1. Alerts of the command staffs are based on the four command levels: routine events, major events, prolonged operations, and wartime.

2. The Chief of Staff of the Command Support Staff (KFS) in operations is subordinate to

a) command staffs;

b) administrative offices;

c) partner organizations;

d) as well as other entities designated by the government council.

1. The canton and the municipalities shall support other cantons upon request within their means, particularly through civil protection resources. The coordination is the responsibility of the canton.

2. The government council may request assistance from the federal government, other cantons, and third parties.

3. The government council may enter into agreements with the federal government, other cantons, and third parties regarding the provision of assistance.

1. Municipalities may jointly fulfill tasks related to civil protection through agreements.

2. The government council may obligate municipalities to jointly fulfill tasks related to civil protection if effective task fulfillment and economical use of resources demand it. It can make its financial participation dependent on the degree of cooperation.

1. To fulfill the tasks of economic national supply assigned by the Confederation,

a) the canton shall establish a central office for economic national supply;

b) the municipalities shall establish an office for economic national supply and designate a responsible leader and a deputy.

2. Appeals against orders made by the cantonal central office for economic national supply may be lodged with the Department of Internal Affairs and Security. This department shall make the final decision.

1. The canton shall take the necessary measures for the accommodation and adequate care of homeless and asylum-seeking individuals.

1. If the ordinary authorities are no longer sufficient, the leadership staffs can mobilize all

a) suitable persons, businesses, and organizations for assistance efforts;

b) requisition the necessary resources. The procedure is governed mutatis mutandis by the federal legal provisions[10].

1. In special and extraordinary situations, the Government Council shall take the necessary measures to ensure the required treatment, care, and nursing of patients.

2. It may

a) obligate healthcare institutions to admit, treat, and care for patients;

b) restrict or abolish the free choice of doctors and hospitals.

3. In all healthcare institutions, emergency organizations for special and extraordinary situations must be prepared and maintained as part of the coordinated medical service. The Government Council determines their scope according to the guidelines of the Department of Health and Social Affairs.

1. Institutions of the healthcare system may be required to maintain supplies of medical products and pharmaceuticals for special and extraordinary situations according to the directives of the Department of Health and Social Affairs.

1. The commissioning of the protected hospital is ordered by the Federal Council or the Cantonal Government.

2. The operator of the acute care hospital manages the protected hospital.

3. The cantonal civil protection organization supports the operation and maintenance of the protected hospital.

1. The canton bears the costs that do not have to be covered by the municipalities or partner organizations.

2. The municipalities, in particular, bear the costs for tasks falling under their jurisdiction as well as for the operational readiness and deployment of their command staff, command support personnel, and the maintenance and operation of alarm systems.

3. The canton may provide contributions to finance municipal exercises and deployments.

1. The sponsors of the partner organizations fund the costs incurred by these according to the provisions of the specific legislation[11].

1. The canton shall bear the costs of the basic and advanced training of the members of the leadership staff and the personnel of the cantonal management support.

2. The costs shall not be covered if the municipality fails to participate in a joint leadership body as required by Art. 12 para. 2.

1. The canton and the municipalities may seek recourse against those responsible for the costs incurred by them in connection with special and extraordinary situations.

1. The compensation of third parties is regulated in the ordinance.

1. Whoever intentionally or negligently contravenes the provisions or orders of the authorities competent under this Act or the implementing regulations shall be punished with a fine of up to CHF 40,000.

1. The Executive Council shall issue the necessary implementing provisions.

1. The Ordinance of April 5, 1983, on the Organization of Cantonal Civil Defense and Disaster Assistance, and the provisional Ordinance of December 16, 2003, on the Population and Civil Protection Act are repealed.

1. This law is subject to the optional referendum.

2. The government council determines the commencement.