NI 43-101 is a Canadian Law. Not a US one. I have posted proof the SEC position through several comment letters telling companies like NBRI they cannot use NI 43-101, and if it has not been filed with Canadian regulators, it cannot be called an "NI 43-101 report".
Try quoting Canadian law next time you are stopped by a police officer in the US and see how far it gets you.
Just because they haven't been caught yet doesn't make them right. I see lots of cars parked in marked "no parking" zones but that doesn't make the no parking law invalid. It just means the car hasn't been caught. Yet.