26 (1) No person shall retaliate against another person, whether by action or omission, or threaten to do so because, (a) anything has been disclosed to an inspector; (b) anything has been disclosed to the Director including, without limiting the generality of the foregoing, (i) a report has been made under section 24, or the Director has otherwise been advised of anything mentioned in paragraphs 1 to 5 of subsection 24 (1), (ii) the Director has been advised of a breach of a requirement under this Act, or (iii) the Director has been advised of any other matter concerning the care of a resident or the operation of a long-term care home that the person advising believes ought to be reported to the Director; or (c) evidence has been or may be given in a proceeding, including a proceeding in respect of the enforcement of this Act or the regulations, or in an inquest under the Coroners Act. 2007, c. 8, s. 26 (1). Interpretation, retaliate (2) Without in any way restricting the meaning of the word “retaliate”, the following constitute retaliation for the purposes of subsection (1): 1. Dismissing a staff member. 2. Disciplining or suspending a staff member. 3. Imposing a penalty upon any person. 4. Intimidating, coercing or harassing any person. 2007, c. 8, s. 26 (2). No retaliation against residents (3) A resident shall not be discharged from a long-term care home, threatened with discharge, or in any way be subjected to discriminatory treatment because of anything mentioned in subsection (1), even if the resident or another person acted maliciously or in bad faith, and no family member of a resident, substitute decision-maker of a resident, or person of importance to a resident shall be threatened with the possibility of any of those being done to the resident. 2007, c. 8, s. 26 (3). Interpretation, discriminatory treatment (4) Without in any way restricting the meaning of the term “discriminatory treatment”, discriminatory treatment for the purposes of subsection (3) includes any change or discontinuation of any service to or care of a resident or the threat of any such change or discontinuation. 2007, c. 8, s. 26 (4). May not discourage reporting (5) None of the following persons shall do anything that discourages, is aimed at discouraging or that has the effect of discouraging a person from doing anything mentioned in clauses (1) (a) to (c): 1. The licensee of a long-term care home or a person who manages a long-term care home pursuant to a contract described in section 110. 2. If the licensee or the person who manages the home is a corporation, an officer or director of the corporation. 3. In the case of a home approved under Part VIII, a member of the committee of management for the home under section 132 or of the board of management for the home under section 125 or 129. 4. A staff member. 2007, c. 8, s. 26 (5). May not encourage failure to report (6) No person mentioned in paragraphs 1 to 4 of subsection (5) shall do anything to encourage a person to fail to do anything mentioned in clauses (1) (a) to (c). 2007, c. 8, s. 26 (6). Protection from legal action (7) No action or other proceeding shall be commenced against any person for doing anything mentioned in clauses (1) (a) to (c) unless the person acted maliciously or in bad faith. 2007, c. 8, s. 26 (7). Offence (8) Every person is guilty of an offence who does anything prohibited by subsection (1), (3), (5) or (6). 2007, c. 8, s. 26 (8).