Official Collection of Laws of the Canton of Bern (BAG) - General Provisions (PUG)

1. The Bernese Official Legal Gazette is the official publication organ for enactments in the Canton of Bern.

2. It is published periodically in both official languages.

1. The following shall be published in the Official Gazette of the Canton of Bern

a) the Cantonal Constitution,

b) the laws,

c) the decrees,

d) the ordinances of the Government Council,

e) other legislative enactments of cantonal authorities, independent public institutions or corporations entrusted with tasks of the canton, and

f) collective labor agreements concluded by the Government Council.

1. The inter-cantonal treaties to which the canton has acceded shall also be published in the Bern Official Law Gazette.

2. The legislative enactments of inter-cantonal bodies shall be published in the Bern Official Law Gazette, unless the bodies concerned undertake the official publication in electronic form and according to the rules they have established.

3. The enactments published by inter-cantonal bodies pursuant to paragraph 2 shall be published in the form of a reference in the Bern Official Law Gazette (Art. 5).

1. International Law shall be published in the Official Gazette of the Canton of Bern if it

a) is directly applicable in the canton and

b) has not been published by the federal government.

1. The publication of a decree can be limited to the indication of its title and reference or source if, due to its special nature, it is not suitable for complete publication in the Bern Official Law Collection.

2. This is particularly the case when

a. the decree concerns only a small group of people;

b. it is technical in nature and is intended only for professionals;

c. it must be published in a format other than that of the Bern Official Law Collection for technical reasons;

d. a law mandates this.

3. The text will be published in another publication medium. The provisions for publication in the Bern Official Law Collection apply accordingly.

1. Orders within the meaning of Article 2 must be published in the Bernese Official Collection of Laws at least five days before their entry into force, if necessary following approval by the federal government.

2. Paragraph 1 shall apply to the orders mentioned in Articles 3 and 4 as well, insofar as possible.

1. A decree may initially be published in another manner if regular publication in the Bernese Official Compendium of Laws is not possible before its entry into force due to urgency or other extraordinary circumstances.

The competent authority shall expressly order the extraordinary publication and specifically indicate the time of entry into force.

The decree shall be published in the Bernese Official Compendium of Laws as soon as possible.

1. Extraordinary Publication is executed

a) via the internet,

b) through press, radio, and television,

c) *** ...,

d) by delivering circulars to the individuals affected by the decree, provided they can be personally identified, or

e) by issuance together with an order issued in application of the decree.

1. Decrees are only considered known and binding on the individual if they have been published in accordance with the provisions of this law.

2. If a decree is published through means other than inclusion in the Official Bernese Compendium of Laws, those affected retain the right to prove that they were unaware of the decree and could not have known it despite exercising due diligence.

1. The German and French versions of the cantonal enactments published in the Bernese Official Collection of Laws are equally authoritative.

2. If the publication is made by way of reference, the text to which reference is made shall be authoritative.

3. The authoritative version of texts of inter-cantonal and international law is determined by the law itself.

1. The official cantonal publication organ is the "Official Gazette of the Canton of Bern" (cantonal official gazette).

2. The cantonal official gazette is published by the State Chancellery, which may delegate this task to third parties.

3. The cantonal official gazette is published in electronic form.

4. ...

5. The State Chancellery exercises supervision over the cantonal official gazette.

6. The government council regulates further details by ordinance.

1. Specific legislation determines what must be published.

2. Unless this law and the specific legislation provide otherwise, the official publication shall be made in the cantonal official gazette.

Upon the date of official publication, the content thereof is deemed to be known.

1. The Bernese Systematic Collection of Laws is an organized compilation by subject matter of the decrees published in the Bernese Official Collection of Laws that are still in force.

2. The decrees published in the form of a reference in the Bernese Official Collection of Laws are included in the Bernese Systematic Collection of Laws in the same manner.

3. The Bernese Systematic Collection of Laws is updated multiple times annually on specified revision dates. The Government Council may refrain from updating decrees of short duration.

4. The Bernese Systematic Collection of Laws is published in both official languages.

1. The Bernese Official Gazette of Laws and the Bernese Systematic Collection of Laws shall be published in electronic form.

2. The Bernese Official Gazette of Laws is authoritative.

1. The Government Council shall take the necessary measures to ensure the security of electronic publications and to guarantee their authenticity.

1. Every person can at the State Chancellery

a. inspect the Bernese Official Compilation of Laws as well as the Bernese Systematic Compilation of Laws;

b. inspect and obtain the text of the extraordinary published decrees that have not yet been published in the Bernese Official Compilation of Laws;

c. * inspect the cantonal official gazette.

2. Inspection is free of charge.

3. A paper copy of the decrees inspected in the Bernese Official Compilation of Laws or in the Bernese Systematic Compilation of Laws (para. 1 lit. a) can be obtained for a fee.

4. Every person can inspect and obtain the full texts of the decrees published in the form of a reference at the reference source mentioned in the reference.

1. Laws and decrees enacted before January 1, 1941, and not included in Volumes I-V of the official collection of laws, decrees, and ordinances of the Canton of Bern, are hereby repealed.

If, after the final vote in the Grand Council, nonsensical errors are detected in a law or decree, the Editorial Committee may order the necessary corrections. If the corrections are decided before the publication of the respective enactment in the Bern Official Bulletin of Laws, the corrections must be marked in the Bernese law collections. If the correction is decided after the publication of the enactment, it will be included in the Bern Official Bulletin of Laws and will come into force on the first day of the month following its publication.

1. Errors affecting the meaning in decrees pursuant to Article 2 letters d and e are corrected by decision of the issuing authority.

2. If the correction is made after the publication of the decree, the corrected text must also be published in the Official Bernese Compilation of Laws.

Every person can access the Official and the Systematic Collection of Federal Law as well as the Federal Gazette free of charge at the Federal Chancellery.

1. The Government Council shall enact the provisions necessary for the implementation of this law.

1. The State Chancellery is responsible for

a* the publication of the Official Collection of Acts of the Canton of Bern and the Systematic Collection of Acts of the Canton of Bern,

b* the supervision of the cantonal official gazette,

c* the extraordinary publication, and

d* the decision on whether an enactment is published in the form of a reference.

1. Decrees, which have been published in the official gazettes and in the annual collection of laws, decrees, and regulations prior to the enactment of this law, shall be considered published within the meaning of Article 10.

1. The following enactments are amended

1. Law of May 5, 1980, on Political Rights (LPR)[[1]](#enumeration_itemtext_content_fn_1878282_2_1_c)

2. Law of November 8, 1988, on the Grand Council[[2]](#enumeration_itemtext_content_fn_1878283_2_2_c) (Grand Council Act)

3. Law of April 25, 1991, on the Accession of the Canton of Bern to the Concordat of May 19, 1988, on the Control of Medicinal Products[[3]](#enumeration_itemtext_content_fn_1878284_2_3_c) (Medicinal Products Concordat Act)

4. Law of February 11, 1982, on the Hospitality Industry and the Trade in Alcoholic Beverages[[4]](#enumeration_itemtext_content_fn_1878285_2_4_c) (Hospitality Industry Act)

1. The decision of the Government Council from June 13, 1941, regarding the issuance of a new collection of laws is repealed.

This law shall come into force on January 1, 1994.