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By the terms of the British North America Act (now the Constitution Act) of 1867, both the Department of Crown Lands and the Commissioner of Crown Lands for the Province of Canada, as outlined in the "Act respecting the sale and management of Public Lands" of 1860, were continued as the Department of Crown Lands and the Commissioner of Crown Lands for the Province of Ontario. Although the primary responsibility of the Department was the sale and management of public lands and the granting of land to settlers, it was also responsible for the mines, woods and forests of the province. In 1891, a Bureau of Mines, under a director, was established and attached to the Department. By 1895, a Bureau of Forestry, under the direction of the Clerk of Forestry (formerly responsible to the Commissioner of Agriculture and Arts), was also created and attached to the Department of Crown Lands. Immigration also came under the authority of the Department of Crown Lands in 1900, when the Bureau of Colonization was established. In 1905, legislation was passed which renamed the Commissioner of Crown Lands, the Minister of Lands and Mines. With this change, the Department of Crown Lands was also renamed the Department of Lands and Mines.

The Immigration Agent at Kingston, Ontario kept a Return of Immigrants who landed at the Port between 1861 and 1882.

These records were accumulated by staff of the Department of Lands and Forest as a means of sorting and arranging otherwise unrelated records. If an individual document dealt specifically with a particular piece of property and did not fit within another record series it was placed within the Township papers. Even after the series was transferred to the Archives of Ontario, staff archivists continued to file miscellaneous material within the series.

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The land registry system was set up in Upper Canada under John Graves Simcoe through An Act for the Public Registering of Deeds, Conveyances, Wills and Other Incumbrances which shall be made or may affect any Lands, Tenements or Hereditaments within the Province (35 Geo.III c.5, 37 Geo.III c.8, and 58 Geo.III c.3) in 1795. A subsequent revision to these acts through An Act to Consolidate and Amend the Registry Laws of that part of this Province which was formerly Upper Canada (9 Vic. c.34) required the establishment of separate registers for each village, township, town and city.

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