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RS 431.112 Act of 22 June 2007 on the Federal Census of Population (Census Act)

Original Language Title: RS 431.112 Loi du 22 juin 2007 sur le recensement fédéral de la population (Loi sur le recensement)

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431.112

Federal Population Census Act

(Census Act)

22 June 2007 (State 1 Er January 2008)

The Swiss Federal Assembly,

See art. 65 of the Constitution 1 , given the message of the Federal Council of 29 November 2006 2 ,

Stops:

Section 1 General provisions

Art. 1 Principles

1 Data on the structure of the population and on the evolution of society are collected every year or at shorter intervals in Switzerland.

2 These data relate to:

A.
The state, structure and evolution of the population;
B.
Families, households and housing conditions;
C.
Work and active living;
D.
Health and social issues;
E.
Basic training and continuing education;
F.
Migratory movements;
G.
Languages, religions and culture;
H.
Transportation and the environment;
I.
Buildings, housing, and places of work and training.

3 The data survey shall be carried out as far as possible from the official registers.

4 Sampling surveys are conducted to identify non-registrable characters.

Art. 2 Purpose

The population census is a survey of persons, households, buildings and dwellings that make available statistical data to the authorities, the economy, the research community and other interested parties Serving:

A.
Planning;
B.
Political decision-making;
C.
Research;
D.
Public information;
E.
Production of other statistics.
Art. 3 Statistical universe and characters to be observed

1 The Federal Council defines in a directory the statistical universes and the characters to be recorded in the context of the population census.

2 It regularly updates this directory.

3 It consults in advance with the cantons and seeks their cooperation.

Section 2 Composition of the population census

Art. 4 Surveys based on official registers and sampling surveys

1 The population census includes records based on official registers and supplementary sampling surveys.

2 The population census consists of all records based on official registers and sampling surveys within the meaning of this Act, which are carried out over a period of ten years.

3 The Federal Council lays down detailed provisions on the census of the general population, including:

A.
The subject of the survey and investigations;
B.
Terms and conditions of the survey and survey;
C.
Identifiers;
D.
Measures to ensure quality.
Art. 5 Statement based on official records

1 The record based on the official registers shall provide data which is transferred electronically, either directly or on data carriers, and which is used to compile statistics on persons, households, buildings and Housing from:

A.
Registers of official and harmonised persons of the Confederation, the cantons and the municipalities;
B.
Federal Register of Buildings and Housing.

2 The provision of this data is governed by:

A.
By the law of 23 June 2006 on the harmonisation of registers (LHR) 1 And its implementing provisions;
B.
Provisions relating to the Federal Register of Buildings and Housing.

3 In the event that registers of official persons of the Confederation, the cantons and the municipalities would not have been harmonised within the time limits within the meaning of the LHR and the implementing provisions relating thereto, the departments responsible for keeping these registers Shall provide the data in an appropriate form and for the same reference day. The Federal Council may instruct the Federal Statistical Office to regulate the terms and conditions by instructions.


Art. 6 Sampling surveys

1 Sampling surveys are representative surveys conducted from a sample of people who have been randomly selected using a scientific method, or from another statistical universe.

2 They include:

A.
A structural survey, which is a sampling survey designed to identify characters that are not included in the Federal Register of Buildings and Housing, or in the harmonized official records of persons of Confederation, of the Cantons and municipalities;
B.
Thematic sampling surveys, which are sampling surveys on different topics related to society, demography and culture.

3 The Federal Council shall issue detailed provisions for each sampling investigation, including:

A.
Its object;
B.
The body that carries out it;
C.
Its periodicity;
D.
The timing of its completion;
E.
How it is to be carried out;
F.
The applied method.
Art. 7 Standard Program

1 The standard programme shall include statements based on official registers and sampling surveys which are regularly carried out by the Confederation, independently of those carried out on the mandate of the cantons.

2 It is carried out throughout Switzerland.

3 The Federal Council sets the standard programme for the population census. It publishes it at the same time as the directory of the statistical universes and the characters to be addressed.

Art. 8 Additional programs

1 The cantons may request the Federal Statistics Office to increase the sample at the basis of the structural survey and thematic surveys by sampling. Thematic sampling surveys based on an augmented sample do not cover other themes.

2 The Federal Council defines jurisdiction, territorial limits, volume, time limits and costs for supplementary programmes, as well as the rights and duties of the principal.

3 The Federal Statistics Office and the principal canton enter into a contract for the supplementary programme.

Section 3 Survey and Investigation Body

Art.

1 The body responsible for surveying and investigating is the Federal Statistics Office.

2 The Federal Statistics Office may mandate third parties to conduct investigations.

Section 4 Obligation to inform, use data, data protection, publication

Art. 10 Obligation to inform

1 Interviewees are required to participate in the structural survey.

2 The Federal Council may provide for an obligation to provide information for thematic surveys by sampling.

3 Natural persons are required to provide the required information for themselves and for the persons they legally represent.

4 Interviewees are required to provide the services in charge of the statement, free of charge and within the prescribed period, of information that is in accordance with the reality.

5 The cantonal law determines the procedure to be applied in the event of breach of the obligation to provide information.

Art. 11 Allowances for Costs

1 Any person who provides false or incomplete answers or who, despite a reminder, does not make the investigation documents or other required documents within the prescribed period, is required to pay the fees to the competent authority to compensate the Additional work.

2 The Federal Council shall fix the hourly rate on the basis of which these fees are calculated. The emoluments shall not exceed 1000 francs.

3 The obligation to pay compensation is waived for those who are unable to answer the questions, to complete or to have the investigation documents completed.

Art. 12 Data authority, data protection and function secrecy

1 The Federal Statistics Office exercises authority over the data collected under the standard programme.

2 The Federal Statistics Office and the principal canton jointly exercise authority over the data collected as part of an additional programme.

3 As soon as the census data have been cleared, they are made anonymous and the names of people are deleted. Art. 16, para. 3, LHR 1 Is reserved.

4 Census data may be used for purposes not related to individuals, including research, planning or statistical purposes. Census results cannot be published in a form that would identify individuals.

5 The Federal Council lays down more detailed provisions on data protection, in particular on the rights of persons required to provide information and the destruction of investigative documents after the data are entered.

6 Persons responsible for carrying out the structural survey shall be subject to the secrecy of function within the meaning of Art. 320 of the Penal Code 2 .


1 RS 431.02
2 RS 311.0

Art. 13 Publication of the resident population

The Federal Council formally validates the population of the resident population every four years and publishes it in the Federal Worksheet. It is based on the results of the registers based on the registers which are carried out in the first calendar year following the last elections for the full renewal of the National Council.

Section 5 Cost

Art. 14

1 The cost of the census of the population under the standard programme shall be borne by the Confederation, in particular the cost of conducting the survey, the seizure and exploitation of the data, and the publication of the data. Results.

2 The Federal Assembly may approve an expenditure limit for the census by simple federal order.

3 The cost of the additional programs is borne entirely by the principal canton.

Section 6 Final provisions

Art. 15 Additional provisions

Moreover, the Act of 9 October 1992 on Federal Statistics 1 And the relevant ordinances are applicable.


1 RS 431.01

Art. 16 Repeal of the law in force

Federal Act of 26 June 1998 on the Federal Census of Population 1 Is repealed.


Art. 17 Amendment of the law in force

The following federal statutes are amended as follows:

1. Federal Law of 17 December 1976 on political rights 1

Art. 16

...

2. Federal Statistics Act of October 9, 1992 2

Art. 4, para. 5

...


1 RS 161.1 The amendment mentioned below is inserted in the said Act.
2 RS 431.01 The amendment mentioned below is inserted in the said Act.

Art. 18 Transitional provisions

1 The population census according to the new law is carried out from 2010 onwards.

2 In due course, the Federal Council presents an evaluation report to the Federal Assembly on the 2010 census. It presents the results of the different fields and assesses the effects of system change.

Art. 19 Referendum and entry into force

1 This Law shall be subject to the referendum.

2 The Federal Council shall fix the date of entry into force.


Date of entry into force: 1 Er January 2008 3


RO 2007 6743


1 RS 101
2 FF 2007 55
3 ACF of Dec 7. 2007 ( RO 2007 6749 )