And they should. Both the BCSC and the SEC should go after companies that promote themselves using a Canadian standard when they are solely US-traded.
Having said that, "using" a 43-101 is fine if all you are doing is referring to it as a previous assessment, and as supporting documentation. But you still need to comply with SK 1300 if you are a SEC registrant company.
None of that applies to NBRI, they are not a SEC registrant. Anything goes.......although the BCSC can still tell a non-registrant to cut it out, if they claim to be 43-101 compliant.